i3 Software License

By installing, copying or using the "i3 software": SRX-Pro Server, SRX-Pro Remote, SRX-Pro Mobile Remote, Video Pilot Client (VPC), Video Pilot Matrix (VPM), Video Pilot Matrix Console (VPMC), Artificial Intelligence (i3 Ai), Video Analytics (iVA), including associated media, Cloud Managed Services (CMS), PACDM, LPR, Business Insights, Alert Centre, i3DM, Annexxus Finder, Annexxus Configuration Tool, i3 Media Server and Portal. YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE i3 SOFTWARE, and promptly return the uninstalled i3 Software to i3 International Inc. ("i3") at 780 Birchmount Road, Unit 16, Scarborough, Ontario, Canada, M1K 5H4 for a full refund, if applicable.

LICENSE

1. Grant of License. i3 hereby grants to you the following right to install and use the i3 Software for your personal or commercial use, as the case may be, provided that you comply with all terms and conditions of this license. The license granted herein for use of the i3 Software is a commercial license intended only for dedicated commercial purposes by licensed users of i3, and no one may use this i3 Software for any commercial purpose or in any way related to the operation of any business enterprise or revenue generating activities other than as expressly licensed by i3. If you are not a licensed user of i3 or an employee or authorized contractor of a licensed user of i3, you have no rights under this license and are not authorized or licensed to use, sell, lease, license, dispose, copy, modify, or distribute the i3 Software in any manner. If you are not using a licensed copy of the i3 Software, you are not allowed to install or use the i3 Software. Sharing this i3 Software in any way with any other person or entity or allowing any other person to view the contents of this i3 Software is in violation of this license. The i3 Software is licensed as a single product; its component parts may not be separated for use on more than one server, and you agree that this i3 Software may not be used by more than one server at any one time. The documentation that accompanies the i3 VMS is licensed for internal, personal/commercial use reference purposes only. This license does not grant you any rights to any trademarks or service marks or any other intellectual property of i3.
2. Copyright. i3 or its suppliers own the title, copyright and other intellectual property rights in the i3 Software. The i3 Software is protected by Canadian and United States copyright and other intellectual property laws and treaties. Therefore, you must treat this i3 Software like any other copyrighted material.
3. Reservation of Rights and Ownership. i3 expressly reserves all rights not expressly granted to you in this license. This i3 Software is licensed not sold, on the terms and subject to the conditions set forth herein. You may not rent, lease, license or lend the i3 Software (or any part or component thereof) to any other person or provide commercial hosting services with the i3 Software. You may not alter, merge, modify, adapt, reverse engineer, decompile or disassemble the i3 Software, or disclose the contents of the i3 Software to any other person. You may not make the i3 Software or copies thereof available in any manner or form or use, copy or transfer the i3 Software, in whole or in part, except as expressly authorized by i3.
4. Internet Based Services. Your use of i3 Internet based services is subject to rules and regulations established by i3, and which may change from time to time. You may not use any i3 Internet based services associated with the i3 Software in any manner that could damage, disable, overburden or impair such services or interfere with any other person's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet based services. i3 reserves the right to vary or discontinue Internet based services provided to you or made available to you through the use of i3 Software.
5. Health Monitoring. The purpose of Health Monitoring is to ensure all cameras and video/data feeds are operating and that there is nothing related to the i3 equipment and software that is preventing the customer from obtaining/collecting the information/data they require. i3 will provide status updates to the customer but is not responsible for monitoring the content of the video images. The status updates shall include but are not limited to the operation of the cameras, the length of time data is stored, number of log in, defective hard drive. The customer acknowledges that there is an open connection between the customer's server and i3's content management system. i3 shall use commercially reasonable efforts: (a) to provide the Health Monitoring option according to i3's documentation as described in this Agreement under normal use and circumstances, in a manner consistent with the generally accepted industry standards reasonably applicable to the provision of the Health Monitoring option, and (b) to notify the customer on a best efforts basis if i3 becomes aware of any breach of its security relating to the Health Monitoring option. Except as expressly authorized by i3, i3 makes no representation or warranties about the suitability, fitness for a particular purpose, or relevance of the data provided by the Health Monitoring option.
6. Consent to Use of Data. You agree that i3 may collect and use technical information gathered as part of the product support services provided to you, if any, related to the i3 Software. i3 may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. Links to Third Party Sites. i3 is not responsible for the contents of any third-party sites or services, any links contained in their party sites or services, or any changes or updates to third party sites or services. i3 is providing these links and access to third party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by i3 of the third party site or service.
8. Additional Software/Services. This license applies to all updates, supplements, add-on components or Internet based service components of the i3 Software that i3 may provide or make available after the date you obtain your initial copy of the i3 Software, unless they are accompanied by separate terms in which case the separate terms shall govern. To use i3 Software identified as an upgrade, you must first be licensed for the i3 Software identified by i3 as eligible for the upgrade. After installing the upgrade, you may no longer use the original i3 Software that formed the basis for your upgrade eligibility except as part of the upgraded i3 Software.
9. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, i3 and its suppliers provide the i3 Software and support services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the i3 Software, and the provision of or failure to provide support or other services, information, software, and related content through the i3 Software or otherwise arising out of the use of the i3 Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE i3 SOFTWARE. Without limitation of the foregoing, no oral or written information or advice given by i3, its dealers, distributors, dealers, agents or employees shall create a warranty or in any way increase the scope of the limited warranty, and you may not rely on any such information or advice. i3 does not warrant, guarantee or make any representation regarding the use or the results of use of the i3 Software or support services (if any) in terms of correctness, accuracy, reliability, timeliness, or that the software will be error free or will perform in an uninterrupted manner or otherwise, and the entire risk as to the results and performance of the i3 Software is assumed by you. If the i3 Software or support services (if any) are defective, you and not i3 or its dealers, distributors, agents or employees assume the entire cost of all necessary servicing, repair or correction other than as expressly described above.
10. EXCLUSION OF SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL i3 OR ITS SUPPLIERS NOR ANYONE ELSE INVOLVED IN THE PRODUCTION OR DELIVERY OF THIS PRODUCT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR LOSS OF DATA OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE SUCH PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH THE i3 SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE i3 SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF i3 OR ANY SUPPLIER, AND EVEN IF i3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL i3's LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE i3 SOFTWARE.
11. Termination of license. Without prejudice to any other rights or remedies available to i3, this license granted herein may be terminated unilaterally by i3 in the event that you fail to comply with any provision of this agreement. In the event of termination, all licenses granted hereunder shall cease to be effective and you must destroy all copies of the i3 Software and all of its component parts.
12. Governing Law. This agreement shall be deemed to have been made in the province of Ontario and shall be interpreted and construed pursuant to the laws of the Province of Ontario.
13. Disclaimer: For the safety of your system, automatic SRX-Pro software updates are enabled on all i3 NVR servers. No video will be recorded during automatic software patch installations. To disable automatic SRX-Pro updates, login as administrator and uncheck "Enable Server Auto Update" in System setup. Always install all Windows updates to keep your NVR secure.