For countries in Americas see Agreement with Bosch Security Systems, Inc.
For all other countries see Agreement with Bosch Security Systems B.V.
You accept the Agreement valid for your region.
_______________________________________________
Bosch Security Systems B.V.
End User Software License Agreement
Bosch Security Systems B.V. ("Bosch") licenses this software and all
associated documentation (the "Software") for nonexclusive use by the end
user (herein called "Licensee"). Licensee has read this End User Software
License Agreement (the "License") and agrees to abide by the terms and
conditions of this License. By using the Software you, Licensee, accepts
and agrees that Licensee will abide by, and are legally bound by, the terms
of this License. If Licensee does not agree to abide by the terms of this
License, Licensee shall immediately return the Software to Bosch.
Licensee's use of the Software is subject to the following terms and
conditions:
1. License. Under the terms of this nonexclusive, nontransferable (except
as specifically permitted herein) License:
1.1 Licensee may use a machine-readable form of the Software on a single
computer or a single server at a time and only for the operation of Bosch
products.
1.2 Licensee may not modify, translate, create derivative works,
decompile, disassemble, or reverse engineer the Software, except to the
extent as permitted under applicable law, but in such case only for the
purpose to enable interoperability of the Software with other systems.
1.3 Licensee may not sublicense, lease, or otherwise rent the Software
without Bosch's prior written consent.
1.4 Licensee may make one copy of the Software solely for backup or archival
purposes, provided such copy contains the original Software proprietary
notice. No other copying of the Software is permitted.
1.5 This License will terminate automatically if Licensee fails at any
time to comply with any of its terms or conditions.
1.6 Licensee may terminate this License at any time by returning the
Software to Bosch and complying with the terms of Section 1.7 below.
1.7 Upon any termination of this License, Licensee shall immediately
destroy the Software or return it to Bosch along with any copies Licensee
has made, and delete any installed copy from Licensee's hardware. After
termination of this License, Bosch will not provide any further support
for the Software.
2. Transfer of Ownership. Licensee may transfer this Agreement and the
License granted hereunder to another party only if Licensee:
2.1 also transfers the License, the Software, all accompanying
documentation, and (by sale or lease) ownership of the associated Bosch
hardware, if applicable,
2.2 requires the other party to abide by the terms of this License, and
2.3 destroys all copies of the Software, documentation and updates thereto
that Licensee does not transfer to the other party.
3. Ownership and Propriety Rights. Although the diskette/media
containing the Software is Licensee's, the Software is owned and
copyrighted by Bosch and/or its suppliers. Except for the rights
expressly granted herein, Bosch and its suppliers retain all rights to
the Software, including, without limitation, the title to all copyright,
patent, trade secret, and other intellectual and proprietary rights
therein, and any copies thereof, in whole or in part, all of which are
the valuable property of Bosch and/or its suppliers. Licensee may not
remove, change, or delete the copyright notice from the Software. If
Licensee makes any copies of the Software in whole or in part, all such
copies shall contain the same copyright and proprietary markings as appear
on or in the original Software copy, including diskette markings.
Licensee will instruct its employees and others having access to the
Software in, and ensure their compliance with the terms of, this License.
Licensee shall use its best efforts to prevent any unauthorized copying
of the Software. Licensee shall be responsible for any breach of any
provision of this License by Licensee's employees. Licensee shall not
sell, transfer, publish, disclose, or otherwise make available, the whole
or any part of the Software, or any copies thereof, to any third party
or persons not permitted by the terms of, and pursuant to the terms
contained in this License. Licensee is not in violation of this Agreement,
including this section, when a third party views the functional output
resulting from Licensee's use of the Software.
4. Taxes. Licensee must pay all taxes that may now or hereafter be imposed,
levied, or assessed, with respect to the possession or use of the Software
or this License. Licensee shall file all reports required in connection
with such taxes.
5. Taxes. The Licensee Fees for the Software is exclusive of all
applicable federal, state, provincial and local taxes including, without
limitation, sales, use, property, value added, goods and services, excise,
and similar taxes, and all such taxes shall be assumed and paid by Licensee,
excluding taxes on Bosch's net income. In the event that Bosch determines
that any such taxes are subject to withholding requirements, Bosch may
bill Licensee for such taxes, and Licensee shall promptly pay the amount
billed. If any such tax for which Licensee is responsible hereunder is
paid by Bosch, Licensee agrees to promptly reimburse Bosch therefore.
6. Warranty, Limitation of Liability, Remedies. THE SOFTWARE IS PROVIDED
"AS IS", WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES THAT THE
SOFTWARE IS ERROR FREE OR WILL RUN UNINTERRUPTED, OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.
NEITHER BOSCH NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF PROFITS,
LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROGRAMMING
AND/OR PRODUCTION MATERIALS, DAMAGE TO BUSINESS REPUTATION, OR FOR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
WHETHER UNDER THIS AGREEMENT OR OTHERWISE, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Bosch does not warrant the functions provided by the Software.
However, Bosch warrants the diskette or other media on which the Software
is furnished to be free from defects in materials and workmanship, under
normal use, for a period of 90 days from the date of original purchase.
Bosch's entire liability to Licensee, and Licensee's exclusive remedy,
shall be the replacement of the diskette or other media not meeting Bosch's
warranty, provided Licensee return the defective diskette or other media
to Bosch. The replacement will be warranted for the remainder of the term
of the original warranty, or 30 days, whichever is longer. Licensee is
solely responsible for the selection of the Software to achieve Licensee's
intended results, and for the installation, use, and results obtained from
the Software. Without limiting the generality of the foregoing, in no
event shall Bosch be liable for any indirect, incidental, special or
consequential damages including, but not limited to, lost business, lost
profits and other economic damages, whether foreseeable or not, even if
advised of the possibility of such damages.
7. Export Control Laws.
7.1 Bosch's responsibility for delivery is limited to the delivery of the
Software to Licensee. Bosch will not be responsible for obtaining any
export licenses or re-export licenses which may be required for any
subsequent shipping of the Software to destinations determined by
Licensee.
7.2 In the event that Licensee, or any subsequent party handling the
Software after delivery by Bosch to Licensee, does export the Software
then, as between Bosch and Licensee:
7.2.1 Licensee shall be solely responsible for compliance with all
applicable laws and regulations relating to such export including, but
not limited to (a) export licenses or license exceptions, (b) determining
correct classification at the time of export; and (c) any other regulatory
agency approval requirements; and
7.2.2 any diversion of the Software contrary to applicable law (including
but not limited to U.S. law and the law of the jurisdiction in which Licensee
is located) by Licensee or any such subsequent party is prohibited, and
Licensee shall be solely responsible for any diversion which is contrary
to applicable law.
7.2.3 Bosch may notify Licensee of any export issues identified by Bosch
including, but not limited to, any export license requirements. Upon any
such notification, the parties shall cooperate in good faith to achieve
compliance with applicable laws and regulation relating to exports.
8. Term and Transfer. Licensee may terminate this License at any time
by returning the Software to Bosch, or destroying the Software and all
, together with all copies, in any form. Bosch may terminate this License
if Licensee fails to comply with its terms and conditions in any material
respect. Upon any termination, Licensee may not use the Software and must
return or destroy all whole and partial copies thereof. After
termination, Bosch will not further support the Software.
9. Governing Law. This Agreement shall be construed according to the laws
of Switzerland. The provisions of the United Nations Convention on
Contracts for the International Sale of Goods shall not apply. Any dispute
will be subject to arbitration under the rules of the ICC and shall take
place in Zurich, Switzerland.
10. Entire Agreement. This Agreement, any Bosch Standard Terms and
Conditions as applicable from time to time, as well as all exhibits,
schedules or appendices hereto, constitutes the complete and exclusive
statement of the terms hereof and supersedes all prior oral and written
statements of any kind made by the parties or their representatives with
respect to the subject matter hereof. Any Customer purchase order or
similar document issued by Customer shall not be part of this Agreement
and shall not add to or modify any of the terms hereof. This Agreement
may only be changed or supplemented by a written amendment signed by
authorized representatives of the parties.
copyright 2013 Bosch Security Systems B.V. All rights reserved. | Updated
28 May 2009 | Data subject to change without notice.
_______________________________________________
Bosch Security Systems, Inc.
End User Software License Agreement
Bosch Security Systems, Inc. ("Bosch") licenses this software and all
associated documentation (the "Software") for nonexclusive use by the end
user (herein called "Licensee"). Licensee has read this End User Software
License Agreement (the "License") and agrees to abide by the terms and
conditions of this License. By using the Software you, Licensee, accepts
and agrees that Licensee will abide by, and are legally bound by, the terms
of this License. If Licensee does not agree to abide by the terms of this
License, Licensee shall immediately return the Software to Bosch.
Licensee's use of the Software is subject to the following terms and
conditions:
1. License. Under the terms of this nonexclusive, nontransferable (except
as specifically permitted herein) License:
1.1 Licensee may use a machine-readable form of the Software on a single
computer or a single server at a time and only for the operation of Bosch
products.
1.2 Licensee may not modify, translate, create derivative works,
decompile, disassemble, or reverse engineer the Software, except to the
extent as permitted under applicable law, but in such case only for the
purpose to enable interoperability of the Software with other systems.
1.3 Licensee may not sublicense, lease, or otherwise rent the Software
without Bosch's prior written consent.
1.4 Licensee may make one copy of the Software solely for backup or archival
purposes, provided such copy contains the original Software proprietary
notice. No other copying of the Software is permitted.
1.5 This License will terminate automatically if Licensee fails at any
time to comply with any of its terms or conditions.
1.6 Licensee may terminate this License at any time by returning the
Software to Bosch and complying with the terms of Section 1.7 below.
1.7 Upon any termination of this License, Licensee shall immediately
destroy the Software or return it to Bosch along with any copies Licensee
has made, and delete any installed copy from Licensee's hardware. After
termination of this License, Bosch will not provide any further support
for the Software.
2. Transfer of Ownership. Licensee may transfer this Agreement and the
License granted hereunder to another party only if Licensee:
2.1 also transfers the License, the Software, all accompanying
documentation, and (by sale or lease) ownership of the associated Bosch
hardware, if applicable,
2.2 requires the other party to abide by the terms of this License, and
2.3 destroys all copies of the Software, documentation and updates thereto
that Licensee does not transfer to the other party.
3. Ownership and Propriety Rights. Although the diskette/media
containing the Software is Licensee's, the Software is owned and
copyrighted by Bosch and/or its suppliers. Except for the rights
expressly granted herein, Bosch and its suppliers retain all rights to
the Software, including, without limitation, the title to all copyright,
patent, trade secret, and other intellectual and proprietary rights
therein, and any copies thereof, in whole or in part, all of which are
the valuable property of Bosch and/or its suppliers. Licensee may not
remove, change, or delete the copyright notice from the Software. If
Licensee makes any copies of the Software in whole or in part, all such
copies shall contain the same copyright and proprietary markings as appear
on or in the original Software copy, including diskette markings.
Licensee will instruct its employees and others having access to the
Software in, and ensure their compliance with the terms of, this License.
Licensee shall use its best efforts to prevent any unauthorized copying
of the Software. Licensee shall be responsible for any breach of any
provision of this License by Licensee's employees. Licensee shall not
sell, transfer, publish, disclose, or otherwise make available, the whole
or any part of the Software, or any copies thereof, to any third party
or persons not permitted by the terms of, and pursuant to the terms
contained in this License. Licensee is not in violation of this Agreement,
including this section, when a third party views the functional output
resulting from Licensee's use of the Software.
4. Taxes. Licensee must pay all taxes that may now or hereafter be imposed,
levied, or assessed, with respect to the possession or use of the Software
or this License. Licensee shall file all reports required in connection
with such taxes.
5. Taxes. The Licensee Fees for the Software is exclusive of all
applicable federal, state, provincial and local taxes including, without
limitation, sales, use, property, value added, goods and services, excise,
and similar taxes, and all such taxes shall be assumed and paid by Licensee,
excluding taxes on Bosch's net income. In the event that Bosch determines
that any such taxes are subject to withholding requirements, Bosch may
bill Licensee for such taxes, and Licensee shall promptly pay the amount
billed. If any such tax for which Licensee is responsible hereunder is
paid by Bosch, Licensee agrees to promptly reimburse Bosch therefore.
6. Warranty, Limitation of Liability, Remedies. THE SOFTWARE IS PROVIDED
"AS IS", WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES THAT THE
SOFTWARE IS ERROR FREE OR WILL RUN UNINTERRUPTED, OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.
NEITHER BOSCH NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF PROFITS,
LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROGRAMMING
AND/OR PRODUCTION MATERIALS, DAMAGE TO BUSINESS REPUTATION, OR FOR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
WHETHER UNDER THIS AGREEMENT OR OTHERWISE, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Bosch does not warrant the functions provided by the Software.
However, Bosch warrants the diskette or other media on which the Software
is furnished to be free from defects in materials and workmanship, under
normal use, for a period of 90 days from the date of original purchase.
Bosch's entire liability to Licensee, and Licensee's exclusive remedy,
shall be the replacement of the diskette or other media not meeting Bosch's
warranty, provided Licensee return the defective diskette or other media
to Bosch. The replacement will be warranted for the remainder of the term
of the original warranty, or 30 days, whichever is longer. Licensee is
solely responsible for the selection of the Software to achieve Licensee's
intended results, and for the installation, use, and results obtained from
the Software. Without limiting the generality of the foregoing, in no
event shall Bosch be liable for any indirect, incidental, special or
consequential damages including, but not limited to, lost business, lost
profits and other economic damages, whether foreseeable or not, even if
advised of the possibility of such damages.
7. U.S. Government Restricted Rights. The Software is provided with
restricted rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFAR 252.227-7013,
Federal Acquisition Regulation clause 52.227-19 (c) (2) Commercial
Computer Software Restricted Rights, NASA clause 52.227.86 (d) Commercial
Computer Software Licensing, or their successor.
8. Export Control Laws.
8.1 Bosch's responsibility for delivery is limited to the delivery of the
Software to Licensee. Bosch will not be responsible for obtaining any
export licenses or re-export licenses which may be required for any
subsequent shipping of the Software to destinations determined by
Licensee.
8.2 In the event that Licensee, or any subsequent party handling the
Software after delivery by Bosch to Licensee, does export the Software
then, as between Bosch and Licensee:
8.2.1 Licensee shall be solely responsible for compliance with all
applicable laws and regulations relating to such export including, but
not limited to (a) export licenses or license exceptions, (b) determining
correct classification at the time of export; and (c) any other regulatory
agency approval requirements; and
8.2.2 any diversion of the Software contrary to applicable law (including
but not limited to U.S. law and the law of the jurisdiction in which Licensee
is located) by Licensee or any such subsequent party is prohibited, and
Licensee shall be solely responsible for any diversion which is contrary
to applicable law.
8.2.3 Bosch may notify Licensee of any export issues identified by Bosch
including, but not limited to, any export license requirements. Upon any
such notification, the parties shall cooperate in good faith to achieve
compliance with applicable laws and regulation relating to exports.
9. Term and Transfer. Licensee may terminate this License at any time
by returning the Software to Bosch, or destroying the Software and all
, together with all copies, in any form. Bosch may terminate this License
if Licensee fails to comply with its terms and conditions in any material
respect. Upon any termination, Licensee may not use the Software and must
return or destroy all whole and partial copies thereof. After
termination, Bosch will not further support the Software.
10. Governing Law. This Agreement shall be construed according to the
laws of the State of New York and the U.S. The provisions of the United
Nations Convention on Contracts for the International Sale of Goods shall
not apply. Any dispute will be subject to arbitration under the rules of
the American Arbitration Association and shall take place in the
Metropolitan area of Rochester, New York, U.S.A.
11. Entire Agreement. This Agreement, any Bosch Standard Terms and
Conditions as applicable from time to time, as well as all exhibits,
schedules or appendices hereto, constitutes the complete and exclusive
statement of the terms hereof and supersedes all prior oral and written
statements of any kind made by the parties or their representatives with
respect to the subject matter hereof. Any Customer purchase order or
similar document issued by Customer shall not be part of this Agreement
and shall not add to or modify any of the terms hereof. This Agreement
may only be changed or supplemented by a written amendment signed by
authorized representatives of the parties.
copyright 2013 Bosch Security Systems, Inc., U.S.A. All rights reserved.
| Updated 28 May 2009 | Data subject to change without notice.