smartvue S9Q User Manual page 4

SOFTWARE OR SMARTVUE SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer You may not rent, lease, lend or sublicense the Smartvue Software. You may, however, make a
one-time permanent transfer of all of your license rights to the Smartvue Software (in its original form as
provided by Smartvue) to another party in connection with the transfer of ownership of your Smartvue
device, provided that: (a) the transfer must include your Smartvue device and all of the Smartvue Software,
including all its component parts, original media, printed materials and this License; (b) you do not retain
any copies of the Smartvue Software, full or partial, including copies stored on a computer or other storage
device; and (c) the party receiving the Smartvue Software reads and agrees to accept the terms and
conditions of this License. Smartvue Software provided with a particular Smartvue-labeled hardware
product may not run on other models of Smartvue hardware.
4. Consent to Use of Data You agree that Smartvue and its subsidiaries may collect and use technical and
related information, including but not limited to technical information about your computer, system and
application software, and peripherals, that is gathered periodically to facilitate the provision of software
updates, product support and other services to you (if any) related to the Smartvue Software, and to verify
compliance with the terms of this License. Smartvue may use this information, as long as it is in a form that
does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination This License is effective until terminated. Your rights under this License will terminate
automatically without notice from Smartvue if you fail to comply with any term(s) of this License. Upon the
termination of this License, you shall cease all use of the Smartvue Software and Software Updates.
6. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SMARTVUE
SOFTWARE AND SMARTVUE SOFTWARE UPDATES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SMARTVUE SOFTWARE AND SMARTVUE SOFTWARE UPDATES
ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SMARTVUE AND
SMARTVUE'S LICENSORS (COLLECTIVELY REFERRED TO AS "SMARTVUE" FOR THE PURPOSES OF SECTIONS 6
AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SMARTVUE SOFTWARE
AND SMARTVUE SOFTWARE UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. SMARTVUE DOES NOT WARRANT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE SMARTVUE SOFTWARE AND SMARTVUE SOFTWARE UPDATES, THAT THE
FUNCTIONS CONTAINED IN THE SMARTVUE SOFTWARE AND SMARTVUE SOFTWARE UPDATES WILL MEET
YOUR REQUIREMENTS, THAT THE OPERATION OF THE SMARTVUE SOFTWARE AND SMARTVUE SOFTWARE
UPDATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SMARTVUE SOFTWARE AND
SMARTVUE SOFTWARE UPDATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY SMARTVUE OR AN SMARTVUE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE SMARTVUE SOFTWARE OR SMARTVUE SOFTWARE UPDATES PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION/LIMITATIONS MAY NOT APPLY TO YOU.
The Smartvue Software may enable access to Smartvue's Cloudvue and other Smartvue and third party web
services (collectively and individually, "Services"). Use of these Services requires Internet access and use of
certain Services will require you to accept additional terms of service.
By using the Smartvue Software to access any of these Services, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identi ed as having explicit
language. Because Smartvue has no control over sites and information that may contain content that is
offensive, indecent or objectionable, you agree to use the Services at your sole risk.
You acknowledge that Smartvue makes no representations or warranties with regard to any sites or
information displayed by or accessed through the Smartvue Software, or any web services performed by the
Smartvue Software in relation to such sites or information.
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