END-USER LICENSE AGREEMENT ("AGREEMENT")
Last updated: February 23, 2021
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using any version or extension of Indico Recorder, Indico Digital Evidence Server, Indico Player, Indico Monitoring App, Indico Mobile, GQM powered by Indico, Evidence Capture, Evidence Vault and/or Evidence Recorder ("Application").
This Agreement is a legal agreement between you (as in the legal entity responsible for your use of the Application) and Indico Systems AS (hereafter called “Indico”) and it governs the use of the Application made available by Indico.
Unless otherwise agreed, Indico grants you a defined number of revocable, non-exclusive, non-transferable, limited license(s) to download, install and use the Application solely for your purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application, unless permitted by law.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Indico or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Indico.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Indico with respect to the Application shall remain the sole and exclusive property of Indico.
Indico shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.
MODIFICATIONS TO THE APPLICATION
Indico reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
UPDATES TO THE APPLICATION
Indico may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Indico has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Indico shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Indico does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Support provided under this Agreement shall include:
Help Desk facilities between 08.00 and 16.00 GMT Monday to Friday (excluding Public Holidays);
Correction of critical errors or assistance to overcome problems. The Licensor may, in its sole discretion, correct errors by “patch” or by new version;
Information on availability of new versions of the Application.
SUBSCRIPTION FEE AND INDEXATION
The annual maintenance or subscription fee (“Subscription Fee”) for the Application is payable in advance unless otherwise agreed, in writing, between you and Indico.
The Subscription Fee may be subject to annual indexation to account for the relevant changes in once country. In such an event, Indico will give a minimum thirty (30) days prior written notice.
All charges hereinbefore referred to are exclusive of and net of any taxes, duties or such other additional sums including, but without prejudice to the foregoing generality, Value Added Tax, excise tax, tax on sales, property or use; import or other duties, whether levied in respect of this Agreement, the Application, its use or otherwise.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Indico. Each party has the right to terminate this agreement with tree (3) months written notice prior to the renewal of the current Term, unless otherwise explicit written agreed between you and Indico. Written notice may be given by electronic communication, e.g., email.
This Agreement will terminate immediately, without prior notice from Indico, in the event that you fail to comply with any provision of this Agreement.
Upon termination of this Agreement, you shall cease all use of the Application and return or destroy all copies of the Application from the devices where it is deployed (mobile phone, computer, server solution, IoT-device, etc.).
Termination of this Agreement will not limit any of Indico rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Indico and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of Indico and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Indico or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Indico or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
AMENDMENTS TO THIS AGREEMENT
Indico reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Norway, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact Indico at firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and Indico regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Indico.
You may be subject to additional terms and conditions that apply when you use or purchase other Indico's services, which Indico will provide to you at the time of such use or purchase.