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IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
END USER LICENSE AGREEMENT This is a legal agreement between you and WEBCAM CORP. ("WEBCAM") that governs your use of the Webcam Software Development Kit and any associated software code, documentation or other materials made available by WEBCAM (collectively referred to in this Agreement as the "SDK"). This Agreement also applies to any updates, supplements, add-on components, or services for the SDK that WEBCAM may subsequently provide to you, unless other terms accompany those items. In that case, to the extent they conflict with this Agreement, those other terms will apply. By using the SDK, you are agreeing to be bound by the terms of this agreement. 1. LICENSE GRANT WEBCAM hereby grants to you the right to use the SDK for the sole and limited purpose of creating, and developing a solution that integrates any unit or portion included in the product range of Webcam video capture cards, and NetCamCenter and to sell and distribute any such solution. 2. COPYRIGHT The SDK are owned by WEBCAM and is protected by copyright laws and international treaty provisions. All rights not expressly granted under this Agreement are retained by WEBCAM. 3. TERMINATION This License is effective until terminated. Your rights under this License will terminate automatically without notice from WEBCAM if you fail to comply with any term(s) of this License. Upon termination, you shall immediately cease to use the SDK and WEBCAM shall have no further obligations whatsoever to you, including but not limited to transmitting any message sent by you or delivering any message sent to you. WEBCAM shall not be liable to you or any third party for any reason for WEBCAM's terminating this Agreement. 4. GOVERNING LAW. This Agreement shall be governed by the laws of the State of New Jersey. Venue for any action between WEBCAM and you arising out of or in connection with this Agreement, shall be in New Jersey. 5. WARRANTY DISCLAIMER. THE SDK IS DELIVERED FREE OF CHARGE AND "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SDK IS ASSUMED BY THE USER/YOU. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THE COMPANY MAKES NO WARRANTY THAT THE SDK WILL MEET YOUR REQUIREMENTS, OR THAT THE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SDK WILL BE CORRECTED. THE COMPANY DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS, INFORMATION OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION OR E-MAIL EXCHANGE ENTERED INTO THROUGH USE OF THE SERVICE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SDK. YOU ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SDK ARE AT YOUR SOLE RISK AND DISCRETION AND THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR'S PROPERTY.