ARRIVE SOFTWARE EULA:
PLEASE READ THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
Standard LICENSE AGREEMENT for ARRIVE Software PRODUCTS
TERMS OF SERVICE (TOS)
This license is applicable to application and system software (Products) sold by Arrive Systems, Inc. (Arrive) which includes Arrive Software Systems pre-installed or embedded with the hardware purchased from Arrive. This license extends to products purchased directly from Arrive Systems, Inc. or an authorized Arrive Systems, Inc. Reseller. This license is valid only for the first end user purchaser and excludes resale, rental, lease or transfer of any kind. You may be required to provide evidence of proof of purchase.
This EULA is a legal agreement between you (either an individual or a single entity) and Arrive Systems Inc (“Arrive”). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and Internet-based services components of the Software that Arrive may provide or make available to you, unless Arrive provides other terms with the update, supplement, add-on component, or Internet-based services component. Arrive reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Arrive. An amendment, supplement or addendum to this EULA may accompany the Software.
Mandatory Activation. To reduce software piracy, Arrive requires certain Components to be activated. Arrive will not collect any personally identifiable information from your computer during the activation process without your consent. Activation of your copies of the Component in the manner described during its setup sequence is required; otherwise, for each copy of a Component with required activation, the license rights granted under this EULA are limited the first 10 days after you first install the Server Software;
Software License Agreement For Arrive Product.
Please read this software license agreement ("License") carefully before using the Arrive software. By using the Arrive software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not use the software. If you do not agree to the terms of the License, you may return the Arrive software to the place where you obtained it without using it.
Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this software may be used for remote access to files between computers, remote access of copyrighted content is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Arrive Software") are licensed, not sold, to you by Arrive for use only under the terms of this License, and Arrive reserves all rights not expressly granted to you. The rights granted herein are limited to Arrive's and its licensors' intellectual property rights in the Arrive Software and do not include any other patents or intellectual property rights. you own the media on which the Arrive Software is recorded but Arrive and/or Arrive's licensor(s) retain ownership of the Arrive Software itself. The terms of this License will govern any software upgrades provided by Arrive that replace and/or supplement the original Arrive Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. Single User License Grant: Arrive Systems, Inc. ("Arrive") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Arrive software ("Software") in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Arrive.
B. Multiple-Users License Grant: Arrive Systems, Inc. ("Arrive") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Arrive software ("Software") in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product license key ("PLK"). Customer grants to Arrive or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Arrive the appropriate licensee fee for the additional computers or users. At Arrive's option, Arrive may terminate this license for failure to pay the required license fee.
C. Subject to the terms and conditions of this License, you are granted a limited nonexclusive license to install and use the Arrive Software. To the extent that the Arrive Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
(i) Except as permitted in Section B above and E below, this License does not allow the Arrive Software to exist on more than one Arrive-branded hardware device at a time, and you may not distribute or make the Arrive Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Arrive proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the Arrive Software. Some of those rights are available under separate licenses from Arrive Systems Inc. For more information on developing third party devices and accessories for the Arrive Products, please email email@example.com. For more information on developing software applications for the Arrive Software, please email firstname.lastname@example.org.
(ii) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Arrive Software Updates that may be made available by Arrive for your model of the Arrive branded hardware or software product to update or restore the software on any such hardware that you own or control. This License does not allow you to update or restore the hardware that you do not control or own, and you may not distribute or make the Arrive Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may make one copy of the Arrive Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(iii) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Arrive Software or any services provided by the Arrive Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Arrive Software). Any attempt to do so is a violation of the rights of Arrive Systems Inc. and its licensors of the Arrive Software.
(iv) By storing content on your Arrive hardware you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Arrive Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
(v) You agree to use the Arrive Software and the Services (as defined in Section 4 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Arrive Software and Services.
(vi) You agree that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Arrive. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Arrive. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Arrive.
D. Standard and Preinstalled Arrive Software License. Subject to the terms and conditions of this License, unless you obtained the Arrive Software under a volume license, maintenance or other written agreement from Arrive, you are granted a limited, non-exclusive license to use and run one (1) copy of the Arrive Software on a single Arrive-branded hardware device at any one time. For example, these standard, single-copy license terms apply to you if you obtained the Arrive Software preinstalled on Arrive branded hardware.
E. Volume or Maintenance License. If you obtained the Arrive Software under a volume or maintenance license program with Arrive, the terms of your volume or maintenance license will determine the number of copies of the Arrive Software you are permitted to download, install, use and run on Arrive-branded hardware devices you own or control. Except as agreed to in writing by Arrive, all other terms and conditions of this License shall apply to your use of the Arrive Software obtained under a volume or maintenance license.
F. Academic User. If you acquired the Arrive Software at an academic discount, you must be an Eligible Educational End User to use the Arrive Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institution (i.e., college campus, public or private K-12 schools).
G. You may make one copy of the Arrive Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Arrive Software or any part thereof.
H. Certain components of the Arrive Software, and third party open source programs included with the Arrive Software, have been or may be made available by Arrive on its Open Source web site (collectively the "Open-Sourced Components"). you may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Arrive Software is used, in place of the unmodified Arrive Software, on a single Arrive-labeled hardware device; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Arrive is not obligated to provide any maintenance, technical or other support for the resultant modified Arrive Software.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Arrive Software. you may, however, make a one-time permanent transfer of all of your license rights to the Arrive Software to another party, provided that: (a) the transfer must include all of the Arrive Software, including all its component parts software and hardware, original media (if any), printed materials and this License; (b) you do not retain any copies of the Arrive Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Arrive Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
A. If you opt in to diagnostic and usage collection, you agree that Arrive and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to 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 Arrive Software, and to verify compliance with the terms of this License. Arrive may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Arrive's products and services.
C. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Arrive shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and broadcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Arrive does not guarantee their accuracy as these are provided by third parties unrelated to the Arrive Products and this License Agreement.
D. You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary content, information and material that is owned by Arrive and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. you agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Arrive. No portion of the Services may be reproduced in any form or by any means. you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. you further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Arrive is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
E. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Arrive Software are not available in all languages or in all countries or regions. Arrive makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Arrive and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Arrive be liable for the removal of or disabling of access to any such Services. Arrive may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Arrive if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the Arrive Software and destroy all copies, full or partial, of the Arrive Software. Sections 4, 5, 6, 7, 8, 10, 11, 12 and 13 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the Arrive Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ARRIVE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARRIVE SOFTWARE AND SERVICES ARE PROVIDED BY ARRIVE AND ITS SUPPLIERS TO YOU INCLUDE THE SOFTWARE COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE COMPONENTS ("SUPPORT SERVICES") "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARRIVE AND ITS SUPPLIERS (COLLECTIVELY REFERRED TO AS "ARRIVE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ARRIVE SOFTWARE AND SERVICES, TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE SYSTEM COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
D. ARRIVE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ARRIVE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE ARRIVE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ARRIVE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE ARRIVE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE ARRIVE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE ARRIVE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ARRIVE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARRIVE OR AN ARRIVE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ARRIVE SOFTWARE OR SERVICES 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 AND LIMITATIONS MAY NOT APPLY TO YOU.
G. LIMITED WARRANTY. Arrive warrants that for a period of ninety (90) days from the date of shipment from Arrive: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of Arrive and its suppliers under this limited warranty will be, at Arrive or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does Arrive warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Arrive, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Arrive, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities
7. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES) IN NO EVENT SHALL ARRIVE OR ITS SUPPLEIRS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ARRIVE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ARRIVE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ARRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF ARRIVE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE ARRIVE SYSTEM COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Arrive does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
8. Export Control. You may not use or otherwise export or re-export the Arrive Software except as authorized by United States law and the laws of the jurisdiction in which the Arrive Software was obtained. In particular, but without limitation, the Arrive Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. or (c) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. By using the Arrive Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Arrive Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.arrivesys.com/export.
9. US Government End Users. The Arrive Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
10. Restricted Rights - Arrive's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Arrive Systems, Inc..
11. Controlling Law and Severability.
A. United States. If you acquired the software in the United States, this License will be governed by and construed in accordance with the laws of the State of Delaware for the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
B. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
C. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Arrive Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Arrive's updates and upgrades which will govern your use of such updates and upgrades and any additional Services you purchase from Arrive. No amendment to or modification of this License will be binding unless in writing and signed by Arrive. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Notices.
A. Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
(i) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
(ii) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
(iii) you agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. you further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
(iv) In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Arrive software or device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
B. Third Party Acknowledgements. Portions of the Arrive Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Arrive Software, and your use of such material is governed by their respective terms.
A. Specifically in the case of Arrive FacePoint and Arrive ControlPoint software, Arrive will make use of specific Skype for Business (formerly Microsoft Lync) SDK components. It is important to note the Skype for Business SDK’s development model requiures the Skype for Business client to be installed on the user’s machine and the API is called from outside the Skype for Business process, manipulating the same object model on which the Skype for Business client is built. Use of Arrive FacePoint and Arrive ControlPoint software is subject to the terms of any license or agreement provided with the Skype for Business SDK. Arrive does not ship any embedded Skype for Business client with its products and you will be required to provide a valid and licensed installation of Skype for Business Server and provide the network location of the Skype for Business client which is required to be installed during the first time set-up of the Arrive FacePoint software.
B. Specifically in the case of Arrive ViewPoint Rich Media Capture software, the following third party products are interoperated with and your use of the Arrive ViewPoint software is subject to the terms of any license or agreement provided with the third party software.
(i) Use of the GStreamer and GStreamer plug-ins is released under the LGPL as provided on the GStreamer website. By using the Arrive software, you will have accepted the terms of all associated GStreamer & GStreamer plug-in licenses and agreements.
(ii) Arrive’s use of open source Ubuntu Software is subject to the terms of any license or agreement provided with the software. Some of these agreements incorporate the terms of the GPL or other open source licenses. By using the Arrive software, you will have accepted the terms of the licenses and agreements from Canonical or third parties. Linux is a registered trademark of Linus Torvalds. Debian is a trademark of Software in the Public Interest, Inc.
(iii) Matterhorn is a free, open-source platform to support the management of educational audio and video content. Institutions will use Matterhorn to produce lecture recordings, manage existing video, serve designated distribution channels, and provide user interfaces to engage students with educational videos. Opencast Projects are licensed under a Creative Commons Attribution 3.0 United States License and source is available under Educational Community License 2.0.
By agreeing to this EULA, you are confirming agreement to the EULA’s of all associated third party products that are being re-distributed with the Arrive Software Products that are included with your purchase including the documentation that is provided with it.
14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
Supplemental End User License Agreement for Arrive Software
IMPORTANT: READ CAREFULLY - These Arrive Systems, Inc. ("Arrive") system components, including any "online" or electronic documentation ("Software Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Arrive software system product ("Software Product") described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE SOFTWARE PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE SOFTWARE COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALID EULA FOR ANY "SOFTWARE PRODUCT" (ARRIVE CHAKRA SERVER, ARRIVE INFOPOINT, ARRIVE FACEPOINT, ARRIVE ROOMPOINT, ARRIVE VIEWPOINT SOFTWARE), YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable Software Product EULA.
General. The Software Components are provided to you by Arrive to update, supplement, or replace existing functionality of the applicable Arrive Software Product. In the event your Software Product is a version of previously provided Arrive InfoPoint Server, the Software Components are deemed "Client Software." Arrive grants you a license to use the Software Components under the terms and conditions of the Software Product EULA for the applicable Software Product (which are hereby incorporated by reference) and the terms and conditions set forth in this Supplemental EULA, provided that you comply with all such terms and conditions. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable Software Product EULA, the terms of this Supplemental EULA control solely with respect to the Software Components.
Additional Rights and Limitations.
- If you have multiple validly licensed copies of the applicable Software Product(s), you may reproduce, install, and use one copy of the Operating System Components as part of such applicable Software Product(s) on all of your computers running validly licensed copies of the Software Product(s) provided that you use such additional copies of the Software Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable Software Product, you also may reproduce one additional copy of the Software Components solely for archival purposes or reinstallation of the Software Components on the same computer as the Software Components were previously installed. Arrive retains all right, title, and interest in and to the Operating System Components. All rights not expressly granted are reserved by Arrive.
- The Software Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Arrive application products for multi-party conferences. For non-Arrive applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
Note on Java Support: The Software Components may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Oracle Inc. (erstwhile Sun Microsystems Inc.) requires that this disclaimer is made.
IF THE APPLICABLE SOFTWARE PRODUCT WAS LICENSED TO YOU BY ARRIVE OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE SOFTWARE PRODUCT EULA APPLIES TO THE SOFTWARE COMPONENTS PROVIDED THE SOFTWARE COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE SOFTWARE PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE SOFTWARE PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN ARRIVE OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, ARRIVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE COMPONENT AS FOLLOWS:
NOTICES TO ARRIVE
If you need to contact Arrive please send communication regarding this EULA to the following e-Mail address subject reference to EULA 0101-15:
NOTICES FROM ARRIVE
If Arrive needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.