END USER LICENCE AGREEMENT (the “AGREEMENT”)
YOU AGREE TO BE BOUND, COMPLY WITH AND CONSENT TO THE PROVISIONS OF THE
AGREEMENT THROUGH YOUR ACT OF DOWNLOADING, INSTALLING, USING OR OTHERWISE
ACQUIRING ACCESS TO THE SOFTWARE. THEREFORE CYENS URGES USERS TO CAREFULLY
READ AND UNDERSTAND THE AGREEMENT. IN THE EVENT THAT YOU DO NOT AGREE WITH
THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE
SOFTWARE.
- INTRODUCTION AND SCOPE
This Agreement sets out the basis on which the software application or any of its parts,
its associated programs, upgrades, patches, and updates, related services and any other
content which may require download that will allow downloading and/or access to the
software application (the “Software”) is made available to you (the “User” or “You”) and
constitutes and governs the entire contractual relationship between You, and CYENS –
CENTRE OF EXCELLENCE LIMITED (the “CYENS”). The Software provided to You is owned
by CYENS, and the User acknowledges that no right of ownership or title in the Software
is granted, passed on or conferred to the User. - GRANT OF LICENSE
2.1. By downloading, installing, accessing or using the Software You are obtaining from
CYENS and CYENS grants to You a license, to use the Software, that is:
• Not exclusive
• Not transferable or assignable
• Revocable
• Limited
• Personal
• For a non-commercial purpose
• Not accompanied with any rights to sub-license
• Open for termination if You attempt to circumvent the protection measures taken by
CYENS for the Software or You use the Software in breach of the Agreement or
applicable law.
2.2. The license will be valid and effective from the day You install the Software. - LICENSE LIMITATIONS
3.1. You have a limited right to use the Software. You cannot, directly or indirectly:
• Copy
• Adapt
• Create derivative works of
• Display
• Lease
• Transfer
• Assign
• Rent
• Lease
• Sub-license
• Translate
• Seek to disable
• Distribute
• Reproduce
• Market
• Exploit
• Perform
• Publish
• Modify
• “Tinker”
• “Reverse engineer”
• Integrate into another software/hardware
• Decompile
• Disassemble
• Derive source code from
this Software.
3.2. You also cannot upload the Software to a network where it may be or become
available to be downloaded and/or used and/or accessed and/or installed and/or
shared by multiple users.
3.3. You also agree that you will not transmit, upload, or attempt to transmit or upload
viruses, adware, spyware, worms, or any other malicious or invasive code in the
Software.
3.4. You cannot change or edit or use or display any logos, trademarks and service marks
or legal notices, that appear in the Software, in any manner. - OWNERSHIP
All ownership rights, title intellectual property rights in and to the Software (including,
without limitation, all data, text, graphics, sounds, messages or items of information,
themes, objects, effects, diagrams, concepts, videos, audio-visual effects, domain names
and any other elements which are part of the Software, individually or in combination)
and any and all copies thereof are owned by CYENS or its licensors, to the extent
applicable. The Software is protected by applicable copyright and other laws. Except as
expressly set forth in the Agreement, all rights not granted hereunder to You are expressly
reserved to and by CYENS. - CREDITS AND ACKNOWLEDGEMENTS
5.1. In exchange and as consideration for using the Software, You agree to credit the
DeepCamera Multidisciplinary Research Group (MRG) of CYENS alongside or on any
public or published outputs created using the Software. In particular:
5.1.1. The following text should be used when crediting use of the Software.
“Created using ‘DgiStreamer’ a GUI-based image/video API pipeline manager
developed by the DeepCamera group at the CYENS – Centre of Excellence
Limited. Find out more about DgiStreamer at insert
[https://dgistreamer.com/]”
5.1.2. The following reference should be used if the Software is referred to or outputs
from the Software are used in academic publications
“DigiStreamer, [https://dgistreamer.com/], [date
downloaded], Authors: Mattia Angelini and Alessandro Artusi”
5.2. In exchange and as consideration for using the Software, you give CYENS an
• Exclusive
• Perpetual (Eternal)
• Unlimited
• Irrevocable
• Totally transferable
• Sub licensable
worldwide right, license and authorisation to use Your contributions for any purpose
CYENS sees fit and appropriate, including, but not limited to:
• Reproducing
• Copying
• Adapting
• Modifying
• Performing
• Displaying
• Publishing
• Broadcasting
• Transmitting
any contributions or feedback that you may provide to the development of the
Software. - DATA PROTECTION
6.1. When using this Software CYENS may collect, process, store and transfer personally
and/or non-personally identifiable information, which may include, inter alia, IP
address, usage statistics, operating system and hardware specifics.
6.2. This data may be collected, processed and disclosed by CYENS and shared with third
parties.
6.3. This data may be used by CYENS to improve products and services associated with
the Software, and may be used by CYENS for technical protection measures such as
the provision of Software updates.
6.4. All personally identifiable data shall be collected, processed, used, stored and
transmitted by CYENS in accordance and in full compliance with applicable law and
CYENS’ privacy policy published on [https://www.cyens.org.cy/en-gb/privacy-policy/] (the “Privacy Policy”).
6.5. In case there is a conflict between the provisions of this clause 6 and the provisions
of the Privacy Policy, the Privacy Policy shall prevail. - TERM AND TERMINATION
7.1. The Agreement is valid and effective from the date You install the Software until
terminated according to its terms.
7.2. If you fail to follow or violate any terms of the Agreement or misuse and/or conduct
any fraudulent activity whilst using or through the Software, the Agreement and the
license (or lease) granted to You under the Agreement shall be automatically
terminated without any prior notice from CYENS.
7.3. Termination of the Agreement as aforesaid does not obligate CYENS to reimburse
and/or return to the User any payments that the User has made to CYENS for the
purpose of downloading, installing, using or otherwise accessing the Software.
7.4. Upon termination, you MUST immediately uninstall and stop using the Software and
destroy all copies of the Software You have in Your possession.
7.5. Sections 6 – 11, both inclusive, of the Agreement will be effective and will survive
termination of Agreement and will continue to bind CYENS and the User. - WARRANTIES
8.1. CYENS does not give you any warranty of any kind in relation to the Software. The
Software is provided and/or supplied to You on an “as is” and “as available” basis,
including any and all faults and, to the fullest extent permitted by applicable law,
without any warranty of any kind. Therefore, Users acknowledge that the Software
may not meet their individual preferences and expectations.
8.2. CYENS disclaims any express or implied warranties of safety, freedom from viruses,
freedom from bugs, legality and/or reliability of information, data or materials. CYENS
does not warrant that the performance of Users’ personal computers or other devices
is adequate to use the Software. Users are advised to determine in advance whether
their computer system meets the requirements of the Software. CYENS does not
warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Software, any hyperlinked website,
or any website or mobile app featured in any banner or other advertising.
8.3. When You use the Software, you acknowledge and agree that CYENS will in no case
be blamed and/or be held liable for any problem that the Software causes to Your
computer or electronic device.
8.4. CYENS makes no warranty, representation or guaranty that the Software will be
available to You without interruption or will be free of defects, problems or errors, or
that any defects, problems or errors will be corrected.
8.5. No oral (spoken) or written advice provided by a representative of CYENS will create
a warranty, representation or guaranty of any kind under any jurisdiction. - LIABILITY AND INDEMNITY
9.1. CYENS will not, except in respect of death and personal injury caused directly and
solely by the gross negligence and/or willful misconduct of CYENS, be liable whether
under contract, tort or otherwise, towards You for any loss, cost, expense or any
other damage of whatsoever kind, description or nature that You may suffer or might
have suffered by reason of Your use or inability to use the Software. CYENS shall
further not be liable against You in respect of any loss, cost expense or other damage
of whatsoever kind, description or nature arising by reason of force majeure, namely
circumstances beyond the control of CYENSwhich include (but are not limited to) acts
of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident,
embargo, riot, pandemic, civil commotion or civil authority, acts of local government
and parliamentary authority.
9.2. You understand and agree that those parts of the Agreement that limit the liability of
CYENS are of essence and they will apply in case of a dispute.
9.3. You will indemnify and keep CYENS, its officers, employees, contractors,
subcontractors, agents, consultants and other representatives (the “Indemnified
Persons”) indemnified and harmless from and against all losses, liabilities, criminal
and/or civil, harms, injuries, death, damages, costs, charges, expenses whatsoever,
including, without limitation, attorney fees, arising, directly or indirectly, through,
inter alia, claims, demands, proceedings and/or other actions incurred by, or
instituted against any of the Indemnified Persons out of or in connection with the use
by You of the Software, except to the extent that such loss, damage costs, claims,
demands or proceedings resulted directly and solely by the gross negligence and/or
willful misconduct of CYENS. - MISCELLANEOUS
10.1. Each of the provisions of the Agreement is severable. If any part of the
Agreement is or becomes illegal, invalid or unenforceable in any respect under the
law of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the
remaining provisions of the Agreement shall not in any way be affected or impaired
and will still be applicable (and may be amended to achieve the intended effect of
the part that proves to be unenforceable).
10.2. CYENS shall have the right to alter and/or, at any time and from time to time,
at its sole and absolute discretion the Agreement, as CYENS deems appropriate and
publish amended versions of the Agreement within the Software. You shall be
deemed to have accepted these changes (i) unless you have notified CYENS of your
objection to such changes within thirty (30) calendar days from the day the amended
Agreement is published within the Software; or (ii) if you use the Software after the
changes have been published. In case you object to any changes as aforesaid, CYENS
will have the right to terminate the Agreement as well as the license granted to You
hereunder with fourteen (14) calendar days’ notice. - GOVERNING LAW AND JURISDICTION
11.1. The Agreement is governed by and shall be construed in accordance with the
laws of Cyprus.
11.2. Each of the User and CYENS will use its best endeavours to resolve any dispute
arising under or in connection with the Agreement. In the event that an agreement
is not reached, the matter shall be referred to the Chief Innovation Officer of CYENS
(the “CIO”). If the dispute subsists, the CIO shall refer the same before the Executive
Committee of CYENS for discussion and resolution and if an outcome agreeable by
the User and CYENS is not reached the matter shall be brought before the Board of
Directors of CYENS for discussion and resolution. In case where, after completion of
the aforesaid process, no amicable solution is reached between the User and CYENS
with regard to a dispute, either the User or CYENS may refer the matter before the
courts of Cyprus, which shall have exclusive jurisdiction to finally resolve any disputes
between the User and CYENS.
Copyright © All rights reserved 2021-2022 CYENS CoE (DeepCamera Group)