Professional Documents
Culture Documents
Definition
1.1 Intellectual Property Right(s) means copyright, trademark, patent, know-how, trade secret,
mask works, including all applications and registrations thereto, and any other similar protected
rights in any jurisdiction.
1.2 Hikvision Hardware means any hardware device that designed, produced, or manufactured
by Hikvision, which may be embedded Hikvision Software.
1.3 Hikvision Software means any computer program(s) that created and written by Hikvision,
including but not limited to firmware, client software, platform software and mobile application,
which is either provided in a hard copy, or embedded in Hikvision Hardware, or available to be
downloaded from Hikvision’s website, or in any other applicable form. For avoidance of dispute,
it does not include any updates.
1.4 Trial Period means the period during which you may have a free but more limited license to
use some or all functions of Hikvision Software within a one-month period or agreed otherwise,
for and only for evaluation of Hikvision Software.
1. Grant of License
Subject to your compliance with the terms of this EULA, Hikvision grants to you a worldwide,
non-exclusive, non-transferable, limited license to use Hikvision Software, subject to this terms
and other applicable rules, incorporated into this EULA. Except other stipulated expressly, no
rights with respect to Hikvision Software are granted to you.
2. Limitation; Restrictions
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
a) Not to duplicate or copy Hikvision Software except where such copying is incidental to
normal use or where it is necessary for the purpose of back-up or operational security;
b) Not to sell, rent, lease, sub-license, loan or distribute the entirety or part of Hikvision
ALL RIGHTS RESERVED
Software. Nonetheless, you may make a one-time permanent transfer to another party the entire
license to Hikvision Software along with the transfer of ownership of your Hikvision hardware,
provided that: (1) the transfer must include your Hikvision Hardware and all Hikvision Software;
(2) you do not retain all or part of Hikvision Software copies; (3) the party that receives Hikvision
Hardware and Hikvision Software has read and accepted all the terms and conditions of this
EULA.;
c) Not to make alterations to, or modifications of, the whole or any part of Hikvision
Software, or permit Hikvision Software or any part of it to be combined with, or become
incorporated in, any other products or programs, unless otherwise expressly permitted by
Hikvision;
e) To maintain Hikvision’s copyright notice on all entire and partial copies; and
3.2 As end user, you acknowledge that you have no right to:
a) Use Hikvision Software in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking
into or inserting malicious code, including viruses, or harmful data, into Hikvision Software;
b) Infringe Hikvision’s intellectual property rights or those of any third party in relation to
your use of Hikvision Software;
d) Use Hikvision Software in a way that could damage, disable, overburden, impair or
compromise Hikvision’s system or security, or interfere with other users;
3.3 (if applicable) Provided that you would like to try out Hikvision Software, the provision is
applicable. To avoid any doubts and disputes, this provision prevails if any conflicts with other
provisions in this Agreement. Except the prior written consent of Hikvision, Hikvision hereby
grants you a non-transferable, royalty free, limited license to use some designated software
functions within the trial period, for and only for internal evaluation purpose. You also
acknowledge that you have no access to Hikvision Software after trial period.
3.4 Provided that you breach this EULA, Hikvision has rights to take any actions, including
without limitation, interrupt or limit your use and seek for legal remedies.
ALL RIGHTS RESERVED
4 Privacy
Hikvision will not collect your personal information during your use of Hikvision Software except
i) when you contact our customer service, use other customer support tools, we may collect your
information like name and email, IP or log file to provide you with support; and ii) provided that
you activate, update or deactivate the License you purchased from Hikvision or authorized
distributor, Hikvision may collect your computer information, like unique ID to verify your
License. Under such circumstances, Hikvision will handle your information in accordance with
Hikvision’s Privacy Policy available at www.hikvision.com and applicable data protection laws
and regulations.
5 Intellectual Property
Except as expressly licensed to you under this EULA, Hikvision reserves all right, title and
interest, including without limitation, all Intellectual Property Rights, in and to Hikvision
Software..
6 Limited Warranty
6.1 Hikvision warrants that Hikvision Software will, when properly used and on an operating
environment, for which it was designed, perform substantially in accordance with the functions as
described in your version. Hikvision will use our reasonable endeavors to rectify the defect or
fault if any defect or fault reported by end-users. The above warranty is in addition to your legal
rights in relation to the use of software.
6.3 Hikvision Software might include open source software and/or others provided by the third
party, therefore you have duty to comply with all related licensing terms applicable to the said
software, and Hikvision has no warranty obligation.
6.4 You acknowledge that Hikvision Software has not been developed to meet your individual
requirement and that it is therefore your responsibility to ensure that the facilities and functions of
Hikvision Software meet your personal requirements.
6.5 The warranty does not apply if you breach any terms of this EULA. Hikvision Software is not
warranted to be compatible with all environments. Hikvision is not responsible for the failure
which is caused by the mixed use with other software besides Hikvision Software.
7. Limitation of Liability
7.2 YOU ARE ABLE TO SET CERTAIN FEATURES TO MEET YOUR OWN
REQUIREMENTS, BUT PLEASE NOTED THAT YOU SHALL BE RESPONSIBLE THE
WHOLE RISKS OF YOUR USE. TO THE MAXIMUM EXTENT UNDER THE APPLIABLE
LAW, HIKVISION SHALL NOT UNDERTAKE ANY LOSSES CAUSED BY YOUR USE OR
NON-USE.
7.3 YOUR USE OF ANY SOFTWARE THAT CAN BE CONNECTED TO THE INTERNET
OR OTHER ELECTRONIC NETWORK SHALL BE WHOLLY AT YOUR OWN RISK. AS
NOTED, HIKVISION DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH
RESPECT TO SUCH SOFTWARE. HIKVISION WILL NOT BE RESPONSIBLE FOR
ABNORMAL OPERATION, LOSS OF PRIVACY, OR OTHER DAMAGES THAT MAY
RESULT FROM CONNECTING THE SOFTWARE TO THE INTERNET OR OTHER
ELECTRONIC NETWORK, INCLUDING BUT NOT LIMITED TO DAMAGES FROM
MALWARE, VIRUSES, COMPUTER INTRUSIONS, DATA BREACH OR CYBER ATTACK,
OR ANY OTHER SECURITY RISK. HIKVISION WILL, HOWEVER, PROVIDE
TECHNICAL SUPPORT IF REQUIRED.
7.4 YOU MAY NEED THIRD PARTY SERVICE FOR THE PERFORMANCE OF THIS
SOFTWARE. HIKVISION MAKE NO WARRANTY, INCLUDING WITHOUT LIMITATION,
THE SAFETY, ACCURACY AND VALIDITY. THEREFORE, HIKVISION IS NOT
RESPONSIBLE FOR THE ABOVE PROBLEMS, BUT WILL PROVIDE TIMELY
TECHNICAL SUPPORT IF REQUIRED.
8 Export Control
You must comply with the national exportation/importation laws, as well as the end-users, end-use,
and destinations restrictions applicable to Hikvision Software. Without the prior approval or
permission of the necessary government authority, you may not export or re-export Hikvision
Software, directly or indirectly, to any countries/regions that is subject to export restrictions. This
obligation shall survive the termination of this Agreement.
9 Termination
Hikvision may terminate this EULA immediately with written notice if you violate any term or
condition of this EULA. Upon termination of this EULA, i) all rights granted to you under this
EULA shall cease immediately; ii) you shall immediately cease all activities authorized under this
EULA, including without limitation, the use of any and all Hikvision Software, and delete or
return to Hikvision all Hikvision Software of any copies thereof and related materials and certify
to Hikvision that you have done so, at your own cost. The provisions of this paragraph of this
EULA and any other material provisions of this EULA shall survive any termination of this
EULA.
10 Notice
If you wish to contact us in writing, or if any condition in this EULA requires you to give us
notice in writing, please send us an email at support@hikvision.com. We will confirm receipt of
said email by contacting you by email.
11 Miscellaneous
11.1 Should any part or provision of this EULA be held unenforceable or in conflict with the law
of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such
holding.
11.2 A waiver of any breach of any provision of this EULA shall not be construed as a continuing
waiver of other breaches of the same or other provisions of this EULA. Hikvision reserves the
right to make changes to this EULA over time and the new version will be displayed at
www.hikvision.com. Continued use of Hikvision Software following new version released will
indicate your acknowledge and agreement to be bound by the revised terms. You are expected to
check this page from time to time so you are aware of any changes, as they are binding on you.
ALL RIGHTS RESERVED
11.3 This EULA constitutes the entire agreement and understanding between the parties and
supersedes all prior agreements and understandings with respect to the subject matter of this
EULA whether written or oral, including any and all purchase orders to the extent that they are
inconsistent with this agreement. No modification or claimed waiver of any of the provisions
hereof shall be valid unless in writing and signed by authorized representatives of the party against
whom such modification or waiver is sought to be enforced.
11.4 This EULA is governed by and construed in accordance with the laws of P.R. China. Any
and all disputes arising from or in connection with this EULA shall be resolved by means of
arbitration and shall be submitted exclusively to the China International Economic and Trade
Arbitration Commission (“CIETAC”) in Beijing in accordance with the CIETAC arbitration rules
in effect at the time of applying for arbitration.