END-USER LICENSE AGREEMENT FOR Smart City D.O.O. SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Smart City for the Smart City software that accompanies this EULA, which includes associated media and Smart City Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. RESERVATION OF RIGHTS AND OWNERSHIP. Smart City reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Smart City or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Smart City. 2. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. 3. CONSENT TO USE OF DATA. You agree that Smart City and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Smart City may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 4. LINKS TO THIRD PARTY SITES. Smart City is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Smart City is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Smart City of the third-party site or service. 5. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Smart City may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Smart City reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software. 6. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Smart City as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software. 7. NOT FOR RESALE SOFTWARE. Software identified as “Not for Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation. 8. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device. 9. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software, you CANNOT transfer this EULA, Software and Certificate of Authenticity (if applicable) to another end user. 10. TERMINATION. Without prejudice to any other rights, Smart City may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. 11. APPLICABLE LAW. If you acquired this Software in Serbia, this EULA is governed by the laws of Serbia. If you acquired this Software in any other country, this EULA is governed by the laws in force in Serbia; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the courts sitting in Valjevo, Serbia. 12. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Smart City relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Smart City policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The following Smart City GUARANTEE applies to you if you acquired this Software in any other country: Statutory rights not affected – The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Smart City if you acquired the Software directly from Smart City.
The guarantee – The Software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Exclusion of All Other Terms – To the maximum extent permitted by applicable law and subject to the guarantee above, Smart City disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability – To the maximum extent permitted by applicable law and except as provided in the Smart City Guarantee, Smart City and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Smart City has been advised of the possibility of such damages. Should you have any questions concerning this EULA, or if you desire to contact Smart City for any reason, please use the address information enclosed in this Software to contact the Smart City subsidiary serving your country or visit Smart City on the World Wide Web at https://www.dovecher.tv.
THIRD PARTY SOFTWARES – Our software uses FFmpeg licensed under the LGPL version 2.1 and it’s source can be downloaded from https://www.ffmpeg.org/. FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project. Also we use VLC Media Player licenced under the GNU General Public Licence, version 2 and it’s source can be downloaded from https://www.videolan.org/. VLC Media Player is a trademark of VideoLAN, originator of the VLC Media Player project.