Terms & Licence Agreement
The short version
- One licence, one site. Your key is tied to the machine it runs on and covers the cameras at that site.
- Sold "as is". We work hard to make it reliable, but we don't warrant it will be perfect, uninterrupted, or error-free.
- Liability is capped at what you paid for the licence, and we're not liable for indirect losses such as lost profit or lost data.
- Your rights under Australian Consumer Law still apply and are not taken away by anything here.
- You control your data. It stays on your hardware, and you're responsible for using your cameras lawfully.
This summary is provided for convenience only. It is not a substitute for the full agreement below, which is what legally applies.
IMPORTANT — READ CAREFULLY. This End User Licence Agreement ("Agreement") is a legal agreement between you (either an individual or a single legal entity, "You") and Sentavue (ABN 95 175 344 596), a sole trader registered in Queensland, Australia ("Licensor"), for the Sentavue software product, which includes the computer software and associated services, media, and documentation ("Software").
By installing, copying, activating, or otherwise using the Software, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Software.
1. Licence grant
Subject to Your compliance with this Agreement and payment of the applicable fees, Licensor grants You a non-exclusive, non-transferable licence to install and use the Software on a single computer ("the Licensed Machine") at a single physical site, for the purpose of collecting and displaying analytics from compatible network cameras You own or are authorised to operate.
Each licence is locked to the hardware fingerprint of the Licensed Machine. A licence key issued for one machine will not function on any other machine.
2. Evaluation / trial
The Software may be used on a trial basis for a limited evaluation period (currently fourteen (14) days from first installation), during which all features are available without a paid licence key. At the end of the trial period, continued use of the Software requires a valid licence key. Licensor makes no warranty regarding feature availability during the trial period and may change trial terms at any time.
3. Feature entitlements
The features unlocked by Your licence are determined by the licence key issued to You. Features not covered by Your licence will remain locked. Purchasing additional entitlements may require a new or updated licence key.
4. Restrictions
You shall NOT, and shall not permit any third party to:
- (a) copy, distribute, sublicense, rent, lease, lend, or resell the Software, or any licence key, except as expressly permitted herein;
- (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or internal structure of the Software, except to the limited extent such restriction is expressly prohibited by applicable law;
- (c) modify, adapt, translate, or create derivative works of the Software;
- (d) remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
- (e) circumvent, disable, or tamper with any licensing, activation, security, or usage-control mechanism of the Software;
- (f) share, publish, or transfer a licence key to any other party or machine.
5. Ownership
The Software is licensed, not sold. Licensor and its suppliers retain all right, title, and interest in and to the Software, including all intellectual property rights therein. No rights are granted to You other than as expressly set forth in this Agreement.
6. Data
The Software stores analytics data locally on the Licensed Machine. You are solely responsible for the security, backup, lawful collection, and lawful use of any data captured or processed using the Software, including compliance with all applicable privacy, data-protection, and video-surveillance laws in Your jurisdiction.
7. Support and updates
Unless covered by a separate support or maintenance agreement, the Software is provided without any obligation by Licensor to provide support, updates, upgrades, or error corrections.
8. Disclaimer of warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE LICENCE GIVING RISE TO THE CLAIM.
9A. Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on You by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or by any other law, where to do so would be unlawful ("Non-Excludable Rights"). To the extent any part of this Agreement (including Sections 8 and 9) would otherwise exclude, restrict, or modify a Non-Excludable Right, that part is read down so that it does not.
Where the Software is supplied to You as a "consumer" within the meaning of the Australian Consumer Law and the relevant failure does not amount to a major failure, Licensor's liability for failing to comply with a consumer guarantee is limited, at Licensor's option, to any one or more of: (a) replacing the Software or supplying equivalent software; (b) repairing the Software; (c) paying the cost of replacing the Software or of acquiring equivalent software; or (d) paying the cost of having the Software repaired.
10. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if You fail to comply with any of its terms. Upon termination, You must cease all use of the Software and destroy all copies. Sections 4, 5, 8, 9, 9A, and 11 survive termination.
11. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict-of-laws principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in the State of Queensland, Australia.
12. Entire agreement
This Agreement constitutes the entire agreement between You and Licensor relating to the Software and supersedes all prior or contemporaneous understandings. If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect.
By installing or using Sentavue, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms.
Questions about these terms? Email hello@sentavue.com.
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