IMPORTANT – Please read this End User License Agreement (“EULA”) carefully and ensure you have understood all of the provisions contained herein.
This EULA is a legal agreement between the end user and CAME S.p.A., a company established under Italian law with registered office at via Martiri della Liberta 15, Dosson di Casier (TV), Italy (hereinafter referred to as “CAME”). Before installing or using CAME software, you will be required to read and accept or refuse the terms and conditions of this EULA (as described below). By clicking on the “I accept” button, you acknowledge that you have read this EULA, understand it and agree to accept all its terms and conditions, which will become binding for all purposes. If the end user does not accept the terms and conditions, they may not install and use Adobe software.
The term “CAME Software” means the contents in full (including that set out under Article 3 below) of the file sent electronically by CAME, which includes software, written materials or relevant explanatory files (documentation) and characters (fonts).
1. Subject matter of the license
CAME grants the end user a non-exclusive, non-assignable, non-transferable license for the use of CAME Software in accordance with this EULA. CAME Software is licensed, not sold. All rights not expressly granted under this EULA are reserved by CAME, as well as by its suppliers and licensors.
CAME retains ownership of all intellectual property rights relating to CAME Software.
The rights of use of CAME Software granted to the end user are expressly limited to the rights granted under this EULA and no other right in relation to CAME Software and any of its components or other intellectual property rights are granted or implied.
CAME Software’s structure, organisation and code constitute valuable intellectual property that CAME, its suppliers and licensors are the proprietors of.
Any third-party trademarks referred to herein are the property of their respective owners.
3. Third-party software
CAME Software contains ADOBE FLASH® PLAYER, which is owned by Adobe and subject to a license agreement with third parties that governs the use, installation, copying, distribution, execution and display of said product as part of CAME Software.
The end user acknowledges that this EULA does not grant any right in relation to ADOBE FLASH® PLAYER, and therefore – by way of example but not limited to – does not grant any intellectual property right or right to receive updates, modifications, improvements or support.
More generally, the end user acknowledges that this EULA does not grant any right in relation to any trademark belonging to CAME, its suppliers or licensors.
4. Limitations and Restrictions
The end user is prohibited from:
a) distributing and copying CAME Software and any individual component forming the same (for example ADOBE FLASH® PLAYER);
b) modifying and creating products deriving from CAME Software and any individual component forming the same (for example ADOBE FLASH® PLAYER);
c) decompiling, reverse engineering, disassembling and reducing in any other humanly perceivable manner CAME Software and any individual component forming the same (for example ADOBE FLASH® PLAYER);
d) licensing, renting, selling, hindering or granting access to CAME Software and any individual component forming the same (for example ADOBE FLASH® PLAYER) or accompanying materials.
5. Limited Warranty
The end user expressly acknowledges and accepts that use of CAME Software is provided “as is” and without warranties of any kind.
CAME and its suppliers and licensors expressly exclude any warranty in relation to CAME Software and any of its components.
CAME and its suppliers and licensors specifically exclude, without limitation, any warranties or conditions or representations relating to performance, including warranties of marketability, suitability for a specific purpose, capacity, performance, of CAME Software and each of its components, as well as any warranty regarding the infringement of third-party intellectual property rights.
In particular, CAME does not guarantee that CAME Software will be available continuously and without time limits.
The end user acknowledges that CAME Software is not compatible with computers based on Linux and Mac OS operating systems, nor with tablets and smartphones based on any operating system.
6. Damage Exclusions and Liability Limitations
Under no circumstances will CAME, its suppliers and licensors be liable, pursuant to any legal theory, to the end user for damage, claims or costs of any kind, nor for any indirect, incidental, punitive, special or consequential damage, such as loss or damage to data and/or profits, costs of inactivity, costs for third-party claims for defects, breach, delay or material damage.
Nothing in this agreement limits or excludes liability that may not be limited or excluded under applicable law. In the event of any limitations of warranty or exclusions of liability not being applicable, CAME’s liability will be limited to the maximum extent permitted by law.
7. Term and Termination
The term of this EULA shall commence from the date the CAME Software is downloaded and will continue indefinitely. The end user may terminate this EULA at any time by ceasing to use CAME Software, without prejudice to CAME’s right to terminate this agreement in the event of a breach by the end user of the terms and conditions set out herein.
In the event of termination by CAME: i) the end user shall immediately stop using CAME Software and destroy all copies of and the same, as well as any of components of the same software in the end user’s possession or under their control, confirming in writing to CAME that said obligation has been fulfilled within 7 (seven) days from the date of termination of the agreement; ii) CAME will have no further obligations to provide the end user with any service connected with this EULA. The respective rights and obligations of the parties pursuant to articles 5, 6, 8, 9, 10 and 11, and pursuant to the following paragraph of this article, will survive termination of this EULA by CAME and discontinuation of use of CAME Software by the end user.
In any event, the end user acknowledges and expressly accepts that, as of 31.10.2021, CAME will no longer have any obligation to provide to the user, by way of example but not limited to, service support and/or updates in relation to CAME Software and all of its components.
8. Applicable Law, Jurisdiction and Court of Law
This EULA shall be governed to all intents and purposes by the laws of Italy, expressly excluding said state’s conflict of laws principles and the United Nations Convention on contracts for the international sale of goods (CISG). Each party irrevocably consents to the exclusive personal jurisdiction of the Court based in Treviso (Italy), for any matter arising from or in relation to this agreement. Any dispute arising from or in relation to this EULA shall only be instituted in the Italian state and brought before the Court of Treviso.
9. Export Restrictions
The end user agrees to use CAME Software in accordance with all applicable laws, restrictions and regulations laid down by the US Department of Commerce or by other US government agencies or bodies, as well as with measures issued by the European Union or by government agencies of other countries.
The end user also agrees not to download, export, re-export, send or use CAME Software: i) in the People’s Republic of China (PRC), Cuba or Iran; ii) to anyone on the lists “Specially Designated Nationals” or denial orders issued by the US Department of Commerce and Treasury accessible here.
CAME Software may also be subject to export and import laws or other laws of other countries.
The end user also represents and warrants that, on the date of signing of this EULA, they are not a citizen or resident of, nor are they located in PRC, Iran or Cuba and that they are not in any other manner subject to any restrictions on receiving CAME Software and its components, or subject to the restrictions detailed in the following list available at the following link or similar restrictions.
All rights relating to the use of CAME Software are granted subject to revocation in the event of a breach of the terms of this article.
10. Consent to establish person-to-person communications
CAME Software is designed to allow “person-to-person” communications between end users with computers and other devices for the purposes of direct communication via audio, video and text messages, employing the video entry system servers and devices. CAME Software discloses certain information regarding the end user's video entry account to other subjects and computers or devices of the video entry system.
The end user acknowledges and agrees that CAME Software allows any such communications and accepts that CAME is not and may not be held in any way liable for the conduct of third parties and/or their computers interacting with the end user or their Computer following the installation or use of CAME Software.
11. Data Protection
12. General provisions
Should one or more clauses of this EULA prove to be illegal or null, or inapplicable for any reason, the other provisions of this EULA will remain valid and enforceable.
This EULA represents the final agreement between CAME and the end user with regard to CAME Software and supersedes any and all previous declarations, undertakings, communications or announcements regarding the same.
This EULA has been drawn up in English and the end users agrees that the Italian version of the EULA shall prevail in the event of a conflict between the Italian version and any version translated into another language