CARMEN® Number Plate Recognition Software
and Passport Reader Software EULA
This End User License Agreement ("EULA") is a legal agreement between YOU (either individual or entity) as LICENSEE and the copyright owner (hereinafter as LICENSOR) of any software distributed by ARH Informatikai Zrt. (ARH Inc.) apart from the fact that the specific software is a standalone or a built-in version (software means any computer software and the associated media and printed materials and online or electronic documentation) (hereinafter the "SOFTWARE.") By downloading, installing, copying, using the SOFTWARE, you agree to be bound by the terms of this AGREEMENT. If you do not agree with such terms and conditions do not download, install, copy, or use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and provisions. All right which is not expressly granted to YOU by right of this agreement is reserved. In consideration of the license fee, the LICENSOR grants YOU, the LICENSEE only these rights: If the SOFTWARE is upgrade, you may use or transfer the SOFTWARE only in conjunction with the upgraded version. You may use the upgrade and the upgraded software only in accordance with this AGREEMENT. The SOFTWARE is licensed, not sold. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded, but LICENSOR retains full title and ownership to the SOFTWARE, regardless of the form or media in/on which it may exist. LICENSOR grants you a non-exclusive license to use the SOFTWARE, provided you possess a valid license. All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copy of the SOFTWARE are owned by LINCENSOR. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either Rights of reproduction, alteration, adaptation, translation and any other modification of the SOFTWARE (including correction of mistakes) are retained and are not granted to YOU. SDK (Software Development Kit): In addition to the license granted in Section 1, LICENSOR grants you the right to use and modify the source code version of those portions of the SOFTWARE which are identified as SDK SAMPLE CODE and located in the appropriate subdirectory on the media contains the SOFTWARE. You may not distribute the SDK SAMPLE CODE or any modified version of the SDK SAMPLE CODE in source code form. UTILITIES: In addition to the license granted in Section 1, LICENSOR grants you the right to use and modify the source code version - if any - of those portions of the SOFTWARE which are identified as UTILITIES and located in the appropriate subdirectory on the magnetic or other physical media on which the SOFTWARE is recorded. You may not distribute the UTILITIES or any modified version of the UTILITIES in source code form. If you redistribute the components described above, you agree: i.) to distribute the components in object code form only in conjunction with and as a part of your software application, which adds significant and primary functionality and which is designed, developed, and tested to operate together with the SOFTWARE with the expressed and unquestionable functionality of recognition of number plates, ii.) to use the name, logo, or trademarks of the SOFTWARE and/or ARH to market your software application only with prior written permission of ARH, iii.) to include a valid copyright notice on your software application, iv.) to indemnify, hold harmless, and defend ARH from and against any claim or lawsuit, including attorney's fees, that may arise or result from the use or distribution of your software application, and v.) not to grant distribution right related the SOFTWARE to any third person. Except with respect to the SAMPLE CODE and UTILITIES, which are provided "AS IS," without warranty of any kind, ARH warrants that i.) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, ii.) any hardware and printed material accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and operation for a period of one (1) year from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE and hardware, if any, are limited to ninety (90) days and one (1) year, respectively. This Warranty excludes any relief for incidental or consequential damages. ARH's entire liability and your exclusive remedy shall be, at ARH's option, either i.) to refund the purchase price paid, or ii.) to repair or replace the SOFTWARE or hardware that does not meet ARH's Limited Warranty and which is properly returned to ARH with a copy of your receipt. This Limited Warranty is void if failure or defect has resulted from not proper use, abuse, or misuse, or resulting from improper maintenance, unauthorized repairs or failure to follow operational instructions are not covered. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any support services offered by ARH are available without proof of purchase from ARH or an authorized source. This Warranty excludes any relief for incidental or consequential damages. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL ARH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ARH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This AGREEMENT is effective from the day you download, install or start to use the SOFTWARE (whichever occurs earlier) until terminated. You may terminate this AGREEMENT by erasing all copies of the SOFTWARE, returning the hardware elements of the SOFTWARE to ARH and notifying ARH of such destruction. Without prejudice to any other rights, ARH may terminate this AGREEMENT if you fail to comply with the terms and conditions set forth. In such event, you must erase all copies and destroy the hardware elements of the SOFTWARE including the SOFTWARE's DVD, hardware key and any other ARH related hardware devices. The laws of the Hungary, without regard to any conflict laws provisions, govern this license and your use of the SOFTWARE and the hardware devices. Your use of the SOFTWARE may also be subject to other local, state, national, or international laws. Any dispute between the Parties relating to the existence, validity, interpretation, performance and termination of this Agreement (or of any one of its clauses) that the Parties might be unable to resolve amicably shall be judge by the court with jurisdiction in Budapest, Hungary. The application of the United Nations Convention on Contracts for the International Sales of Goods from this agreement is excluded.1. GRANT OF LICENSE
2. UPGRADES
3. OWNERSHIP
4. COPYRIGHT
5. OTHER RIGHTS AND LIMITATIONS
6. OTHER COMPONENTS
7. LIMITED WARRANTY
NO OTHER WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ARH EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. 8. LIMITATION OF LIABILITY
9. DURATION OF AGREEMENT
10. GOVERNING LAW AND DISPUTES