End User License Agreement (EULA) for ZEPCAM Bodycam System Software

End User License Agreement (EULA) for ZEPCAM Bodycam System Software

This End User License Agreement (“Agreement”) is a legal agreement between End User (either an individual or an entity) and ZEPCAM (“Company”) for the use of the bodycam system software (“Software”). By installing, copying, or otherwise using the Software, End User agrees to be bound by the terms of this Agreement. If End User do not agree to the terms of this Agreement, promptly uninstall or delete the Software.

License Grant: Subject to the terms and conditions of this Agreement, Company grants End User a limited, non-exclusive, non-transferable license to use the Software solely for End User internal purposes.

Restrictions: End User shall not:

a. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.

b. Modify, adapt, translate, or create derivative works based upon the Software.

c. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.

d. Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software to any third party.

e. Use the Software for any unlawful purpose or in any manner inconsistent with this Agreement.

Ownership: The Software is licensed, not sold, to End User. ZEPCAM retains all right, title, and interest in and to the Software, including all intellectual property rights therein. The end user pays a license fee for the right to use the software. In case of non-payment, ZEPCAM reserve the right to terminate the EULA.

Data ownership and Privacy: Any data, but particularly video or audio content as well as meta data, generated by Customer with
Products, Software and/or Services remains the exclusive property of Customer. Customer is owner and controller of this data. In so far as data collected by the Customer is stored on servers provided by ZEPCAM as part of a Service, ZEPCAM ensures that all data collected by the Customer will remain at disposal of the Customer for the duration of the agreed Subscription. Customer data stored on servers provided by ZEPCAM as part of a Service will, unless agreed otherwise, be removed irrevocably by ZEPCAM 31 days after termination of the Subscription. ZEPCAM can and shall not view, share or otherwise use any data stored or created by the Customer within the proved solution, with the exception of data on the usage of the Software or Services.

ZEPCAM will not give or share the Customers data or derivates of that data to or with third parties unless ZEPCAM is required by law to provide the data, e.g. at the request of the competent legal authorities in the framework of a judicial enquiry. Unless agreed otherwise ZEPCAM and Customer are deemed to have closed the standard ZEPCAM Data Processing Agreement which can be found on the ZEPCAM website.

Support and Updates: ZEPCAM may, but is not obligated to, provide support and updates for the Software. Any such support or updates shall be subject to the terms of this Agreement.

If End User finds in any part whatsoever of software defects (bugs), deficiencies, inconsistencies and so on, End User is requested to report these in writing to
support@zepcam.com. Publishing lists of errors, inaccuracies and so on is restricted to Zepcam.

Termination: This Agreement is effective until terminated. End User rights under this Agreement will terminate automatically without notice from ZEPCAM if End User fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, End User shall cease all use of the Software and destroy all copies, full or partial, of the Software.

Disclaimer of Warranty: THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZEPCAM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

Governing Law: The whole legal relationship between End User and ZEPCAM shall be governed by the law of The Netherlands, which is part of the European Union. Disputes arising from the legal relationships between the End User and ZEPCAM shall be
referred only to the Court of The Hague in the Netherlands, unless ZEPCAM has explicitly agreed in writing to referring the dispute for resolution to another competent judicial forum.

Entire Agreement: This Agreement constitutes the entire agreement between End User and Company regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, relating to such subject matter. We kindly refer you to the terms and conditions. In case of discrepancies between this agreement and the terms and conditions, the terms and conditions shall prevail

Modifications: Company may modify this Agreement at any time by providing notice to End User or by posting a revised version of this Agreement on its website. End User continued use of the Software after any such modification shall constitute End User acceptance of such modification.

The API is licensed, not sold, and may only be used as described in this agreement. Users must adhere to the specified rate limits and ensure that their use does not cause excessive system load. The provider is not liable for any damage resulting from improper use of the API or downtime. API users must comply with applicable data protection laws, including GDPR and CCPA. Misuse of the API may result in immediate suspension or termination of the license.

By installing, copying, or otherwise using the Software, End User acknowledge that End User have read this Agreement, understand it, and agree to be bound by its terms and conditions. If End User do not agree to this Agreement, End User may not use the Software.

If you have any questions about these terms or our Services, you may contact us by email at support@zepcam.com.

ZEPCAM BV
Hogeweg 29
5301 LB Zaltbommel
The Netherlands
+31 (0) 85 30 10 290