This licence agreement (‘the Licence’) is a legal agreement between you (‘you’) and Oncam Global Ltd of Building 4, Chiswick Park, Chiswick High Road, London, W4 5YE (‘Licensor’, ‘us or ‘we’) for the sample code (‘the Code’) which is provided free of charge to you.
1. ACCEPTANCE OF TERMS
By downloading, installing, accessing or otherwise using the Code, you agree to be bound by the terms and conditions of the Licence, as applicable. If you are entering into this Licence on behalf of an entity, company or other corporate entity, you represent that you have the authority to bind that entity. If you do not have such authority or you do not agree to the terms of the Licence, neither you nor the entity is permitted to and must not download, install, access, or use the Software.
2. GRANT OF LICENCE
In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Code on the terms of this Licence.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Code throughout the world belong to us, that rights in the Code are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Code other than the right to use the Code in accordance with the terms of this Licence. You further acknowledge that you have no right to have access to the Code in source code form other than as expressly provided in this Licence.
4. RESTRICTIONS AND RESPONSBILITY FOR USE
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Code, except where such copying is incidental to normal use of the Code or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Code nor permit the Code or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Code nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988 or applicable local equivalent) such actions cannot be prohibited because they are necessary to decompile the Code to obtain the information necessary to create an independent program that can be operated with the Code or with another program (‘the Permitted Objective’), and provided that the information obtained by you during such activities:
(i) is used only for the Permitted Objective;
(ii) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(iii) is not used to create any software that is substantially similar in its expression to the Code;
(d) to include our copyright notice on all entire and partial copies of the Code in any form;
(e) not to provide, or otherwise make available, the Code in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; and
(f) to comply with all applicable technology control or export laws and regulations.
5. UPDATES AND UPGRADES
This Licence does not entitle you to updates or upgrades of the Code. From time to time, and at our sole discretion, we may provide patches, bug fixes, corrections, updates, upgrades, support and maintenance releases, or other modifications to the Code, which items will be deemed part of the Code and will be subject to the terms and conditions of this Licence. We do not give any warranty that after any such updates or upgrades that the Code will work with the previous version of that Operating System.
This Code is distributed “as is” and “as available” without a warranty of any kind express or implied, including (without limitation) any warranties of merchantability, fitness for purpose, or non-infringement. You agree that you assume the sole risk from the downloading, installation, use, results, and performance of the Code. To fullest extent permissible by law, we will not be liable to you for any claim, damages or other liability, whether in contract, tort, or otherwise, direct or indirect, arising from, out of, or in connection with the Code or its downloading, installation, or use, or any other course of dealings. Without limiting the foregoing, no warranty, undertaking, representation of any kind is made that the Code, will meet your specific requirements, achieve any intended results, be compatible or work with any software, systems or services, operate without interruption, meet any performance or reliability standards, be error or bug free, or that any errors or defects can be or will be corrected.
If the Code is defective and damages a device, other property or any digital content belonging to you, we will not repair the damage or pay you any compensation.
You acknowledge that the Code has not been developed to meet your specific requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Code meet your requirements.
Your rights under this Licence will terminate automatically without notice from us if you fail to comply with any term(s) of this Licence. You may terminate this Licence at any time by written notice to us.
Upon termination for any reason:
(a) all rights granted to you under this Licence will cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Code from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Code in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
8. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email to email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.oncamgrandeye.com/privacy-policy/ and it is important that you read that information.
10. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation.
You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching the terms of the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by the law of England and Wales and you agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of on in connection with this Licence.
END OF TERMS AND CONDITIONS