Escient Vision VX - Manual (Page 20)

Escient Vision VX-600 Installation Guide
Version: M51003-06A1
20
Escient End User License Agreement
You have acquired Escient’s Vision System product (“Vision System”) that includes
software and other items licensed by Escient, a division System of Digital Networks
North America, Inc. (“Escient”) from various third parties and suppliers (collectively,
“Escient’s suppliers”). Those installed products of Escient’s suppliers, as well as associ-
ated media, printed materials, and “online” or electronic documentation (“Software”)
are protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The Software is licensed, not sold and is
owned by Escient and the respective Escient supplier.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT
USE THE VISION SYSTEM. INSTEAD, PROMPTLY CONTACT THE SELLER FOR INSTRUC-
TIONS ON RETURN OF THE VISION SYSTEM FOR A REFUND. BY SIGNING BELOW OR
BY USING THE VISION SYSTEM, YOU AGREE TO THIS EULA (OR RATIFY ANY PREVIOUS
CONSENT TO THIS EULA).
1. GRANT OF LICENSE. The license granted herein is a personal, non-exclusive and
non-transferable right subject to the restrictions herein. If you do not comply with
the terms of this EULA, it will terminate immediately, your right to use the Vision
System will end and you must return the Vision System to the Seller or destroy it.
This EULA grants you the following rights to the Software and all other rights are
reserved by Escient and its software suppliers. You may use the Software only on the
Vision System.
2. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. ESCIENT HAS
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE VISION SYSTEM,
AND ESCIENT’S SUPPLIERS HAVE RELIED UPON ESCIENT TO CONDUCT SUFFICIENT
TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
3. NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” AND
WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE VISION SYSTEM OR THE SOFTWARE, THOSE WARRANTIES DO NOT
ORIGINATE FROM, AND ARE NOT BINDING ON, ESCIENT’S SUPPLIERS.
4. COPYRIGHT. The Vision System is to be used only in accordance with the law.
The system and each feature of the system is designed for legitimate uses only by
you, the consumer, and not designed to circumvent the law or any technological
means to control access to content. You are responsible for assuring that your use of
the Vision System does not violate existing state or federal laws. Escient respects the
rights of copyright holders and invites you to learn about the rights of consumers,
artists, copyright holders and other parties that may claim rights to digital content.
If you have any questions about that subject. See, http://www.law.cornell.edu/wex/
index.php/Copyright; http://fairuse.stanford.edu Copyright law is an evolving set
of rules as courts interpret how they should be applied to new situations and new
technologies. It is the responsibility of each user of a product, such as the Vision
System, to comply with the law and, here, to use their Vision System accordingly.
Copyright law comes from a number of different sources, including but not limited
to, the US Copyright Act and various provision Systems that it contains, such as the
Digital Millennium Copyright Act (the “DMCA”) as well as from judge-made law inter-
preting the U.S. Constitution, the Bill of Rights, and the various statutes applicable to
each situation. Other portions of the Copyright Act such as the Audio Home Record-
ing Act may also affect your use of the Vision System. Various court decisions impact
your rights as a consumer to enjoy entertainment content, including decisions
relating to “fair use,” typically applicable to certain educational, critical, and analytic
uses. The fair use doctrine has also been held to apply to copying in the home under
certain limited circumstances (as in the so-called Sony Betamax case with respect to
video taping of broadcast television System programs for the purpose of time-shift-
ing). The application of this decision as well as subsequent decisions in this area and
their application to modern technology is continually evolving. Future rulings and
interpretations relating to copyright law cannot be effectively predicted, but keep-
ing abreast of these developments is advised as it is important in making informed
decisions about use of your Vision System. If you have a reasonable belief that you
have the right to copy and use such content under the “fair use” doctrine, that you
have permission under another theory, or that you are otherwise authorized to do
so, then that belief is what you will be relying on in using the Vision System and you
do so at your own risk. By using the Vision System product you acknowledge and
agree that it is your responsibility to comply with the law and to determine which
content, and in what manner, you have the right to view, store, manage and enjoy
particular content on your Vision System. For example, if you believe that you are
entitled under “fair use” principles to, copy content on a DVD to the hard drive for
convenient use in your home so long as the DVD is lawfully in your possession with
a right to view at the time of use and such DVD is not being used on another DVD
player at the same time and the content owner is not otherwise being harmed by
such use, then your use of the Vision System should be made in accordance with