Version Differences for EULA - Opticon Technical Support Portal

:'''a) SOFTWARE and DEVELOPED SOFTWARE.''' This Agreement grants you a revocable, limited, non-exclusive license to install, use and run the SOFTWARE and/or the DEVELOPED SOFTWARE '''''solely on, or in conjunction with''''', OPTICON HARDWARE. You expressly agree herein not to install, use or run the SOFTWARE or the DEVELOPED SOFTWARE on hardware other then OPTICON HARDWARE, or assist or enable others to do so, including allowing any third party product to make any calls upon the SOFTWARE or DEVELOPED SOFTWARE, or otherwise access or use the functionality of the SOFTWARE or DEVELOPED SOFTWARE. '''''Neither''''' the SOFTWARE or the DEVELOPED SOFTWARE may be commercially redistributed by you, '''''unless''''' the SOFTWARE and/or the DEVELOPED SOFTWARE are packaged with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOFTWARE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that '''''run with the SOFTWARE and DEVELOPED SOFTWARE.'''''

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b) SOURCE CODE. Provided you, in your individual capacity if you are an individual, or an authorized representative of your company, if you are an entity, have “agreed” electronically, as provided on the website giving you access to the SOURCE CODE, then this Agreement further grants you a revocable, limited, non-exclusive license to use the SOURCE CODE to create DEVELOPED SOFTWARE, which, as stated above, may only be used on, or in conjunction with, OPTICON HARDWARE. It is expressly prohibited herein for you to commercially redistribute the SOURCE CODE in compiled or non-compiled form, unless you package it with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOURCE CODE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that run with the SOURCE CODE and DEVELOPED SOFTWARE.

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:'''b) SOURCE CODE.''' Provided you, in your individual capacity if you are an individual, or an authorized representative of your company, if you are an entity, have “agreed” electronically, as provided on the website giving you access to the SOURCE CODE, then this Agreement further grants you a revocable, limited, non-exclusive license to use the SOURCE CODE to create DEVELOPED SOFTWARE, which, as stated above, may only be used on, or in conjunction with, OPTICON HARDWARE. It is '''''expressly prohibited''''' herein for you to commercially redistribute the SOURCE CODE in compiled or non-compiled form, unless you package it with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOURCE CODE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that '''''run with the SOURCE CODE and DEVELOPED SOFTWARE.'''''

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The following additional conditions run with the SOURCE CODE:

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::The following additional conditions run with the SOURCE CODE:

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i. All works created by or for you from the SOURCE CODE, whether corrections, modifications or derivatives, including but not limited to, DEVELOPED SOFTWARE, shall be considered works made for hire, with all right, title and interest thereto vesting in Opticon upon creation thereof. If any such work does not constitute a work made for hire, you herein agree that this Agreement is an irrevocable sale, assignment and transfer to Opticon all right, title and interest in and to that work, including, but not limited to, all of your rights as the owner of the claim to copyright in that work, throughout the world. You agree to execute, if necessary, any and all documents that may be reasonably necessary to effectuate the ownership of such copyright rights in Opticon. If you employ any outside programmer(s) to contribute to or create the DEVELOPED SOFTWARE, you agree to have such outside programmer(s) execute, at the time of their contribution and/or creation, an agreement transferring any and all rights of such programmer(s) in the DEVELOPED SOFTWARE, including, but not limited to, any and all copyright rights, to Opticon. This provision shall survive the termination or expiration of this Agreement.

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::'''i.''' All works created by or for you from the SOURCE CODE, whether corrections, modifications or derivatives, including but not limited to, DEVELOPED SOFTWARE, shall be considered works made for hire, with all right, title and interest thereto vesting in Opticon upon creation thereof. If any such work does not constitute a work made for hire, you herein agree that this Agreement is an irrevocable sale, assignment and transfer to Opticon all right, title and interest in and to that work, including, but not limited to, all of your rights as the owner of the claim to copyright in that work, throughout the world. You agree to execute, if necessary, any and all documents that may be reasonably necessary to effectuate the ownership of such copyright rights in Opticon. If you employ any outside programmer(s) to contribute to or create the DEVELOPED SOFTWARE, you agree to have such outside programmer(s) execute, at the time of their contribution and/or creation, an agreement transferring any and all rights of such programmer(s) in the DEVELOPED SOFTWARE, including, but not limited to, any and all copyright rights, to Opticon. This provision shall survive the termination or expiration of this Agreement.

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ii. You also agree to deliver to Opticon all related information for said corrections, modifications, or derivatives.

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::'''ii.''' You also agree to deliver to Opticon all related information for said corrections, modifications, or derivatives.

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iii. You acknowledge and agree that the SOURCE CODE contains valuable and proprietary trade secrets of Opticon, and agree to expend every effort to insure its confidentiality.

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::'''iii.''' You acknowledge and agree that the SOURCE CODE contains valuable and proprietary trade secrets of Opticon, and agree to expend every effort to insure its confidentiality.

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iv. In the event that Opticon ceases business operations and no surviving entity owns the rights to the SOURCE CODE, then you may retain and continue to use the SOURCE CODE under the terms and conditions outlined in this Agreement.

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::'''iv.''' In the event that Opticon ceases business operations and no surviving entity owns the rights to the SOURCE CODE, then you may retain and continue to use the SOURCE CODE under the terms and conditions outlined in this Agreement.

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c) Electronic Documents. Solely with respect to Electronic Documents included with the SOFTWARE and SOURCE CODE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party, unless they are distributed with the associated SOFTWARE or SOURCE CODE that is packaged with OPTICON HARDWARE to be resold by you.

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:'''c) Electronic Documents.''' Solely with respect to Electronic Documents included with the SOFTWARE and SOURCE CODE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party, unless they are distributed with the associated SOFTWARE or SOURCE CODE that is packaged with OPTICON HARDWARE to be resold by you.

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d) Additional Redistribution Requirements. If you redistribute/resell the SOFTWARE or SOURCE CODE pursuant to the limitations and conditions of Sections 2a and 2b of this Agreement, you also agree as follows:

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:'''d)''' Additional Redistribution Requirements. If you redistribute/resell the SOFTWARE or SOURCE CODE pursuant to the limitations and conditions of Sections 2a and 2b of this Agreement, you also agree as follows:

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i. To include a prominently displayed copyright notice on your redistributed/resold SOFTWARE, SOURCE CODE and/or DEVELOPED SOFTWARE, in the form:

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::'''i.''' To include a prominently displayed copyright notice on your redistributed/resold SOFTWARE, SOURCE CODE and/or DEVELOPED SOFTWARE, in the form:

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ii. Not permit further distribution of the SOFTWARE, SOURCE CODE or DEVELOPED SOFTWARE by your end user.

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::'''ii.''' Not permit further distribution of the SOFTWARE, SOURCE CODE or DEVELOPED SOFTWARE by your end user.

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iii. You may not redistribute/resell the SOFTWARE or SOURCE CODE if (a) you are creating DEVELOPED SOFTWARE for use by non-licensed software developers, or (b) your DEVELOPED SOFTWARE exposes the functionality of the SOFTWARE through a programmable interface.

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::'''iii.''' You may not redistribute/resell the SOFTWARE or SOURCE CODE if (a) you are creating DEVELOPED SOFTWARE for use by non-licensed software developers, or (b) your DEVELOPED SOFTWARE exposes the functionality of the SOFTWARE through a programmable interface.

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e) No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.

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:'''e)''' No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

 :'''a) SOFTWARE and DEVELOPED SOFTWARE.''' This Agreement grants you a revocable, limited, non-exclusive license to install, use and run the SOFTWARE and/or the DEVELOPED SOFTWARE '''''solely on, or in conjunction with''''', OPTICON HARDWARE. You expressly agree herein not to install, use or run the SOFTWARE or the DEVELOPED SOFTWARE on hardware other then OPTICON HARDWARE, or assist or enable others to do so, including allowing any third party product to make any calls upon the SOFTWARE or DEVELOPED SOFTWARE, or otherwise access or use the functionality of the SOFTWARE or DEVELOPED SOFTWARE. '''''Neither''''' the SOFTWARE or the DEVELOPED SOFTWARE may be commercially redistributed by you, '''''unless''''' the SOFTWARE and/or the DEVELOPED SOFTWARE are packaged with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOFTWARE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that '''''run with the SOFTWARE and DEVELOPED SOFTWARE.'''''
-								b) SOURCE CODE. Provided you, in your individual capacity if you are an individual, or an authorized representative of your company, if you are an entity, have “agreed” electronically, as provided on the website giving you access to the SOURCE CODE, then this Agreement further grants you a revocable, limited, non-exclusive license to use the SOURCE CODE to create DEVELOPED SOFTWARE, which, as stated above, may only be used on, or in conjunction with, OPTICON HARDWARE. It is expressly prohibited herein for you to commercially redistribute the SOURCE CODE in compiled or non-compiled form, unless you package it with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOURCE CODE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that run with the SOURCE CODE and DEVELOPED SOFTWARE.
+								:'''b) SOURCE CODE.''' Provided you, in your individual capacity if you are an individual, or an authorized representative of your company, if you are an entity, have “agreed” electronically, as provided on the website giving you access to the SOURCE CODE, then this Agreement further grants you a revocable, limited, non-exclusive license to use the SOURCE CODE to create DEVELOPED SOFTWARE, which, as stated above, may only be used on, or in conjunction with, OPTICON HARDWARE. It is '''''expressly prohibited''''' herein for you to commercially redistribute the SOURCE CODE in compiled or non-compiled form, unless you package it with OPTICON HARDWARE, in which case you are obligated to, and herein agree to, include a copy of this Agreement with your redistribution/resale of the OPTICON HARDWARE, SOURCE CODE and/or DEVELOPED SOFTWARE to your customer so that your customer shall be apprised of the terms and restrictions contained herein that '''''run with the SOURCE CODE and DEVELOPED SOFTWARE.'''''
-								The following additional conditions run with the SOURCE CODE:
+								::The following additional conditions run with the SOURCE CODE:
-								i. All works created by or for you from the SOURCE CODE, whether corrections, modifications or derivatives, including but not limited to, DEVELOPED SOFTWARE, shall be considered works made for hire, with all right, title and interest thereto vesting in Opticon upon creation thereof. If any such work does not constitute a work made for hire, you herein agree that this Agreement is an irrevocable sale, assignment and transfer to Opticon all right, title and interest in and to that work, including, but not limited to, all of your rights as the owner of the claim to copyright in that work, throughout the world. You agree to execute, if necessary, any and all documents that may be reasonably necessary to effectuate the ownership of such copyright rights in Opticon. If you employ any outside programmer(s) to contribute to or create the DEVELOPED SOFTWARE, you agree to have such outside programmer(s) execute, at the time of their contribution and/or creation, an agreement transferring any and all rights of such programmer(s) in the DEVELOPED SOFTWARE, including, but not limited to, any and all copyright rights, to Opticon. This provision shall survive the termination or expiration of this Agreement.
+								::'''i.''' All works created by or for you from the SOURCE CODE, whether corrections, modifications or derivatives, including but not limited to, DEVELOPED SOFTWARE, shall be considered works made for hire, with all right, title and interest thereto vesting in Opticon upon creation thereof. If any such work does not constitute a work made for hire, you herein agree that this Agreement is an irrevocable sale, assignment and transfer to Opticon all right, title and interest in and to that work, including, but not limited to, all of your rights as the owner of the claim to copyright in that work, throughout the world. You agree to execute, if necessary, any and all documents that may be reasonably necessary to effectuate the ownership of such copyright rights in Opticon. If you employ any outside programmer(s) to contribute to or create the DEVELOPED SOFTWARE, you agree to have such outside programmer(s) execute, at the time of their contribution and/or creation, an agreement transferring any and all rights of such programmer(s) in the DEVELOPED SOFTWARE, including, but not limited to, any and all copyright rights, to Opticon. This provision shall survive the termination or expiration of this Agreement.
-								ii. You also agree to deliver to Opticon all related information for said corrections, modifications, or derivatives.
+								::'''ii.''' You also agree to deliver to Opticon all related information for said corrections, modifications, or derivatives.
-								iii. You acknowledge and agree that the SOURCE CODE contains valuable and proprietary trade secrets of Opticon, and agree to expend every effort to insure its confidentiality.
+								::'''iii.''' You acknowledge and agree that the SOURCE CODE contains valuable and proprietary trade secrets of Opticon, and agree to expend every effort to insure its confidentiality.
-								iv. In the event that Opticon ceases business operations and no surviving entity owns the rights to the SOURCE CODE, then you may retain and continue to use the SOURCE CODE under the terms and conditions outlined in this Agreement.
+								::'''iv.''' In the event that Opticon ceases business operations and no surviving entity owns the rights to the SOURCE CODE, then you may retain and continue to use the SOURCE CODE under the terms and conditions outlined in this Agreement.
-								c) Electronic Documents. Solely with respect to Electronic Documents included with the SOFTWARE and SOURCE CODE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party, unless they are distributed with the associated SOFTWARE or SOURCE CODE that is packaged with OPTICON HARDWARE to be resold by you.
+								:'''c) Electronic Documents.''' Solely with respect to Electronic Documents included with the SOFTWARE and SOURCE CODE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party, unless they are distributed with the associated SOFTWARE or SOURCE CODE that is packaged with OPTICON HARDWARE to be resold by you.
-								d) Additional Redistribution Requirements. If you redistribute/resell the SOFTWARE or SOURCE CODE pursuant to the limitations and conditions of Sections 2a and 2b of this Agreement, you also agree as follows:
+								:'''d)''' Additional Redistribution Requirements. If you redistribute/resell the SOFTWARE or SOURCE CODE pursuant to the limitations and conditions of Sections 2a and 2b of this Agreement, you also agree as follows:
-								i. To include a prominently displayed copyright notice on your redistributed/resold SOFTWARE, SOURCE CODE and/or DEVELOPED SOFTWARE, in the form:
+								::'''i.''' To include a prominently displayed copyright notice on your redistributed/resold SOFTWARE, SOURCE CODE and/or DEVELOPED SOFTWARE, in the form:
-								© Opticon, Inc.
+								:::© Opticon, Inc.
-								ii. Not permit further distribution of the SOFTWARE, SOURCE CODE or DEVELOPED SOFTWARE by your end user.
+								::'''ii.''' Not permit further distribution of the SOFTWARE, SOURCE CODE or DEVELOPED SOFTWARE by your end user.
-								iii. You may not redistribute/resell the SOFTWARE or SOURCE CODE if (a) you are creating DEVELOPED SOFTWARE for use by non-licensed software developers, or (b) your DEVELOPED SOFTWARE exposes the functionality of the SOFTWARE through a programmable interface.
+								::'''iii.''' You may not redistribute/resell the SOFTWARE or SOURCE CODE if (a) you are creating DEVELOPED SOFTWARE for use by non-licensed software developers, or (b) your DEVELOPED SOFTWARE exposes the functionality of the SOFTWARE through a programmable interface.
-								e) No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.
+								:'''e)''' No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.
 . DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.