CamStreamer End User License Agreement for Software

4.2. CamStreamer will confirm the Service report and, upon approval, a re-activation of the license is granted to You. The registration code could be used again to install the Product on a new device (Hardware) of the same model as the one which was replaced. In case a Service report is not approved by CamStreamer the License will not be re-activated.

5. PAYMENT TERMS
Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancellable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late fee shall be charged on any overdue amounts and any other fees and expenses not paid as provided under this Agreement at the rate of one percent (1 %) per month, or the highest rate allowable under applicable law, whichever is less, commencing with the date payment was due.

6. REFUNDS FOR MISTAKEN ONE-TIME LICENSE PURCHASES
If a Customer accidentally purchases an incorrect one-time license via the Braintree payment gateway, CamStreamer may issue a refund if the Customer contacts CamStreamer support within 48 hours of the purchase. This applies only to unused licenses and is subject to CamStreamer’s verification and approval.

7. TAXES
The fees and all other amounts due as set forth in this Agreement are net amounts to be received by CamStreamer, exclusive of all taxes, duties, and assessments, including without limitation all sales, withholding, VAT, excise, ad valorem, and use taxes (collectively, the “Taxes”), and are not subject to offset or reduction because of any Taxes incurred by You or otherwise due as a result of this Agreement. You shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to taxes based solely on CamStreamer’s income.

8. CONSENT TO USE OF DATA 
8.1. If CamStreamer provides any support services to You, You agree that CamStreamer and its affiliates may collect and use all information You provide as a part of any such support services related to the Product. For this purpose, CamStreamer agrees not to use this information in a form that personally identifies You. CamStreamer maintains user login information under which CamStreamer may collect Your CamStreamer product login e-mail only.

8.2. CamStreamer reserves the right to use Your videos and video streams created by the Product for its purposes, including, but not limited to, CamStreamer’s promotional and marketing purposes. CamStreamer uses only the videos or video streams which You make publicly available and allow for embedding to third-party web pages. CamStreamer may also contact You in order to ask You for any additional information that CamStreamer may publish online on our and/or third-party web pages along with Your videos or video streams.

8.3. CamStreamer enables You to upload Your videos and video streams directly from the Product to third-party websites, including, but not limited to, YouTube.com. If You choose to upload Your videos or video streams to such third-party websites, You shall be solely responsible for ensuring that the videos, video streams or any other content uploaded to the third-party websites meet their terms and conditions (such as for YouTube.com they meet the YouTube’s Terms of Service) and CamStreamer shall not have any responsibility or liability in relation thereto.

9. PERSONAL DATA
9.1. CamStreamer has no control or liability for the processing of third-party personal data (primarily of persons captured in Your videos or video streams) which may occur in the course of Your use of Product. If, in connection with Your use of the Product and in exceptional circumstances, You provide CamStreamer with any (Your or third-party) personal data, You shall ensure compliance with applicable laws, including, but not limited to the General Data Protection Regulation (EU Regulation 2016/679, the “GDPR”) and You shall be solely responsible and reliable for the personal data that You provide to CamStreamer. Should CamStreamer get any access to such personal data, CamStreamer will act as a processor and shall process the personal data only to the extent required for the provision of the Product and related services and shall process the data only on Your instructions (as given by Your use of the Product) and only for the period necessary for Your use of the Product and provision of the services. The personal data shall be deleted as soon as it is processed for Your required purpose within the Product. CamStreamer undertakes to adopt reasonable measures to secure the personal data provided within Your use of the Product and to notify You in the event that the security of the personal data should be threatened. Should any CamStreamer employees have access to Your personal data, they are bound by confidentiality. On Your demand, CamStreamer will provide You with information necessary to demonstrate compliance with data protection requirements. At Your costs, You may also conduct an audit by assigning an independent third party who shall be obliged to observe confidentiality in this regard. Any such audit will follow the CamStreamer’s reasonable security requirements and will not unreasonably interfere with the CamStreamer’s business activities. You may carry out the audit only when there are specific grounds for suspecting the misuse of personal data, and no earlier than two weeks after You have provided written notice to CamStreamer.

9.2 Without prejudice to Section 8.1 above, when providing the Product and related services under this Agreement, CamStreamer may also process Your or third-party personal data to the extent necessary for the performance of this Agreement. More information about how CamStreamer collects and processes Your personal data is available at Privacy policy.

10. INTELLECTUAL PROPERTY RIGHTS
Subject to the license grant hereunder, all right, title and interest in and to the Product, the accompanying printed materials, and any copies of the Product are owned by CamStreamer and its licensors.

11. WARRANTY

11.1. Warranty. CamStreamer warrants that for a period of one year from the date of delivery (“Warranty Period”), under normal use, the Product will perform substantially in conformance with the specifications published on the CamStreamer website. During such period, and as the sole obligation of CamStreamer and Your sole remedy under the warranty in this Section, if You provide written notice of CamStreamer's failure to comply with the above warranty, CamStreamer will use reasonable commercial efforts to correct such nonconformity in the Product as in accordance with the terms of the Maintenance and Support Policy. In addition, if CamStreamer determines it is not commercially reasonable to correct the nonconformity, CamStreamer may elect to terminate the license to such Product, upon which termination Licensee will promptly return to CamStreamer all such copies of such Product. Upon receipt of the Product from Licensee, CamStreamer will return to Licensee all license fees (and any unused support fees) paid to CamStreamer by You for such Product. This warranty set forth above does not apply to, and CamStreamer shall have no obligation with respect to, any non-conformity arising as a result of (i) use of the Product other than as specified under this Agreement and the related Documentation; (ii) any modification or alteration of the Product performed other than by CamStreamer or its agents, or (iii) transfer of the Product to any device system other than the ones on which Product is authorized to be installed, except as permitted in this Agreement.

11.2. Disclaimer. Other than the warranty set forth in Section 9.1 above, and to the maximum extent permitted by applicable law, CamStreamer, its authorized resellers and their subsidiaries provide the Product and any support services related to the Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.

11.3. CamStreamer also specifically disclaims responsibility of third party products and services with which You may utilize the Product and You specifically disclaim and waive any rights and claims You may have against CamStreamer with respect to such third party products and services, to the maximum extent permitted by applicable law.

12. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall CamStreamer, its authorized resellers or their subsidiaries be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way ralated to the use of or inability to use the product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of CamStreamer, even if CamStreamer has been advised of the possibility of such damages.

12.1. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of CamStreamer, its resellers and their subsidiaries under any provision of this License and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

13. GENERAL
This Agreement will be governed by and construed in accordance with the laws of Czech Republic excluding that body of laws known as conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in Prague, Czech Republic and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You may not assign this Agreement or any right or interest hereunder, by operation of law or otherwise, without CamStreamer’s express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery services, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, or acts of God. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. This Agreement, including CamStreamer’s support and maintenance services terms constitutes the entire and exclusive agreement between the parties concerning its subject matter and supersedes all prior written and oral understandings and agreements between the parties regarding its subject matter. The terms and conditions contained in any customer purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by CamStreamer and will be deemed null and of no effect.

14. COMPLIANCE WITH LICENSES
If You are a business, company or organization, You agree that upon request from CamStreamer or its authorized representative You will, within thirty (30) days, fully document and certify that the use of any CamStreamer Products at the time of the request conforms with Your valid licenses from CamStreamer.

15. DISCONTINUING OR MODIFYING SERVICES
You acknowledge that CamStreamer has the right to discontinue the manufacture and development of any of the Product and the support for that Product, in its sole discretion at any time, including the distribution of older Product versions, provided that CamStreamer agrees not to discontinue the support for that Product during the current annual term of this Agreement, subject to the termination provisions herein. Notwithstanding the preceding, if CamStreamer discontinues the manufacture and support for a particular Product, Support for any remaining Products covered by this Agreement shall not be adversely affected. CamStreamer reserves the right to alter the Support, in its sole discretion, but in no event shall such alterations result in (a) diminished support from the level of support set forth herein; (b) materially diminished obligations for CamStreamer; or (c) Your materially diminished rights.


16. CONDITIONS FOR CUSTOM DEVELOPMENT OF MICRO APPS

16.1 CamStreamer offers as a service the custom development of a micro app for the CamScripter App ("Micro App"), which links third-party data via the CamScripter App to the camera / compatible device on which the CamScripter App is installed.

16.2 The Micro App allows, for example, linking a device/camera to an external system, fetching external data, sending data to another external system, sending data for display in a video to the CamOverlay App on a specific camera / compatible device, or creating trigger logic where these actions will be triggered based on some conditions or interact with the Axis Events engine, etc.

16.3 The description of functionality, price for the work, term, and price for extra work are specified in the Custom Development Order Form document ("Order Form"). As the payer, you are defined in the document as the Requester (“Requester").

16.4 The payment terms of the Custom Development Order differ from Article 5 of this Agreement and are agreed as follows: 
15.4.1. The first payment in the amount specified in the Order Form is due immediately upon invoice and must be paid before work on the development commences.
16.4.2 The second payment in the amount specified in the Order Form is due 14 days from the invoice date and shall be issued on delivery of the completed Micro App to the Requester.

16.5 The Micro App is a script in the form of source code written in the JavaScript/Node.js programming language. This is created based on the Requester's specification to fulfill the required functions. 

16.6 The author of the Micro App is CamStreamer, and this custom development grants the Requester an unrestricted, non-exclusive license to use it without any time or territory restrictions. 

16.7 Unlike the Product specified in this Agreement, the Micro App is not limited to use on a specific camera / compatible device, and its use is licensed on an unlimited number of devices. However, to function correctly, the CamScripter App must be installed on the camera / compatible device and is subject to standalone licensing under this Agreement.

16.8 The Requester is entitled to include this Micro App as part of its solution and to resell it to third parties without any restrictions. 

16.9 The Requester is free to modify the source code of the Micro App. However, it will lose the functionality guarantee from CamStreamer, and any corrections or other interventions will be taken and charged as extra work according to the agreed prices.

16.10. CamStreamer is the author of the Micro App and is therefore entitled to use all or any part of this script for other micro apps or to offer and provide this to third parties.

16.11. The Requester shall actively communicate with CamStreamer during the development of the Micro App.

16.12. The Micro App shall be deemed to be delivered on the date of acceptance - i.e., on the date of payment of the second payment or express consent or transmission by e-mail. All rights of use are acquired by the Requester only after all expenses.

16.13 CamStreamer guarantees that the delivered Micro App will work with the latest publicly available LTS  firmware version of the supported camera/device and all other SW/HW solution versions. If the script stops working due to newer versions of FW/SW/HW, the update to the latest firmware is treated as new custom development work, and a completely new development order will be required.

17. CONDITIONS FOR USING PLANETRACKER APP

17.1 Use of Flight Data and Streaming Restrictions
When using the PlaneTracker App in conjunction with data from flightradar24.com, it is strictly prohibited to publicly share or stream the aircraft tracking video feed if the app is configured to display aircraft that are not available in the official FlightRadar24 data set. Violation of this condition may result in the deactivation of the FlightRadar24 API token provided by CamStreamer s.r.o., which enables access to aircraft data from the FlightRadar24 service.