Halo IOT Smart Sensor Administrator's Manual page 39

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6.
Intellectual Property Rights. Licensee acknowledges and agrees that the Software and
Documentation are provided under license, and not sold, to Licensee. Licensee does not acquire any
ownership interest in the Software or Documentation under this Agreement, or any other rights thereto,
other than to use the same in accordance with the License granted hereunder and subject to all terms and
conditions in this Agreement. Licensor and its licensors and service providers reserve and shall retain their
entire right, title, and interest in and to the Software and Documentation and any and all registered and
unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any
patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws,
and all similar or equivalent rights or forms of protection, in any part of the world (collectively, "Intellectual
Property Rights") arising out of or relating to the Software or Documentation. Licensee shall safeguard all
Software and Documentation (including all copies thereof) from infringement, misappropriation, theft,
misuse, or unauthorized access. Licensee shall promptly notify Licensor if Licensee becomes aware of any
infringement of the Licensor's Intellectual Property Rights in the Software or Documentation and fully
cooperate with Licensor, at Licensor's sole expense, in any legal action taken by Licensor to enforce its
Intellectual Property Rights.
7.
Products and Software Limitations. Licensee acknowledges that the Products and Software: (a) are
not certified for any emergency response, and (b) are not a third-party monitored emergency notification
system. Licensee further acknowledges that Licensor does not monitor emergency notifications and will not
dispatch emergency authorities to any location if an emergency occurs. Licensee further acknowledges that
Licensor's Products and Software are not a lifesaving solution for people at risk and are no substitute for
emergency services. All life threatening and emergency events should be directed to the appropriate
response services.
8.
Assumption of Risk. IN USING THE SOFTWARE OR PRODUCTS, INCLUDING BUT NOT LIMITED TO
WHEN RESPONDING TO THIRD-PARTY GENERATED EVENTS, THERE EXISTS THE POSSIBILITY OF RISK OR
SERIOUS INJURY. LICENSEE ACKNOWLEDGES AND ACCEPTS: (I) THE INHERENT RISKS IN USING THE
SOFTWARE OR PRODUCTS; (II) THAT SUCH RISKS MAY BE SIGNIFICANT, INCLUDING BUT NOT LIMITED TO
BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH; AND (III) THAT SUCH RISKS MAY BE
CAUSED BY, ARISE OUT OF, OR BE IN CONNECTION WITH LICENSEE'S ACTIONS OR INACTIONS, THE ACTIONS
OR INACTIONS OF OTHERS, THE CONDITION OR OPERATION (OR FAILURE TO OPERATE) OF THE SOFTWARE
OR PRODUCTS, OR THE NEGLIGENCE OF ANY PARTY. LICENSEE KNOWINGLY AND FREELY ASSUMES ALL
SUCH RISKS (KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE) AND TAKES FULL
RESPONSIBILITY FOR ITS USE OF THE SOFTWARE AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY
LOSS, DAMAGE, OR INJURY SUSTAINED OR CAUSED BY USING THE SOFTWARE AND PRODUCTS. LICENSEE
ACKNOWLEDGES AND ACCEPTS THE INHERENT RISKS OF RECEIVING ALERTS OF CRIMINAL ACTIVITY OR
EMERGENCIES REPORTED BY THIRD PARTIES ("EVENTS"), RESPONDING OR NOT RESPONDING TO EVENTS,
AND THE INHERENT RISKS IN RELYING ON OR OTHERWISE BELIEVING EVENTS, INCLUDING BUT NOT LIMITED
TO THE POSSIBILITY THAT: (A) AN EVENT IS FALSE, INACCURATE, OR PRODUCED BY MISTAKE, ERROR OR
BAD FAITH; AND (B) LICENSEE WILL BE HELD LIABLE FOR ACTIONS OR INACTIONS IN RESPONDING TO AN
EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENTLY CONTRIBUTING TO LICENSEE'S INJURY OR OTHERS'
INJURY.
9.
Export Regulation. The Software and Documentation may be subject to U.S. export control laws,
including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or
indirectly, export, re-export, or release the Software or Documentation to, or make the Software or
Documentation accessible from, any jurisdiction or country to which export, re-export, or release is
prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations,
and rules, and complete all required undertakings (including obtaining any necessary export license or other
governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software or
V2.2 - 9/09/2020
ADMINISTRATOR MANUAL
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