1.1 VEO Technologies ApS, company registration no. 37240834, ("VEO") is the owner of the proprietary rights relating to software developed for VEO Cameras for recording of sport events and uploading for processing on www.veo.co, app.veo.co and/or other websites owned or controlled by VEO ("VEO Website") (the “Software”). The Software is made available to the purchaser of a VEO Camera ("You" or Your").
1.2 These software license terms ("Software License Terms") apply to the Software and any use thereof. By purchasing a VEO Camera and using the Software for recording of sport events or uploading such recordings for processing on the VEO Website, You automatically accept these terms as part of VEO's General Terms and Conditions.
2. GRANT OF LICENSE
2.1 Subject to the terms and conditions of these Software License Terms, VEO grant You a non-exclusive and non-transferable license to use the Software installed on the VEO Camera as set out herein.
2.2 You accept that You may only use the Software for recording on Your VEO Camera and You may only access the recordings as set out in section 3 below.
3. UPLOAD OF RECORDINGS TO THE VEO WEBSITE
4.1 No right or license is being conveyed to You to use the Software outside the VEO Camera or for any other purpose than recording and uploading sport events.
4.2 You will have no right to:
a) copy the Software except where such copying is incidental to normal use or necessary for the purpose of back-up;
b) work around any technical limitations in the Software;
c) access the Software in source code form or in unlocked coding;
d) reverse engineer, decompile or disassemble the Software;
e) remove or alter any proprietary notices and legends contained on the Software;
f) use the Software in any way that is against the law; or
g) to publish or transfer the Software or to any third party.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to VEO (or a third party which has granted VEO the right to embed its product in the Software) and that the Software is licensed (not sold) to You. VEO reserves all other rights and You will have no rights in, or to, the Software other than the right to use the Software under the terms and conditions stipulated herein.
6. LIMITED WARRANTY
6.1 VEO warrants that at the date of Your purchase of the VEO Camera, the use of the Software in accordance with the terms and conditions stipulated herein does not infringe the intellectual property rights of any third party.
6.2 Furthermore, VEO warrants that the Software will, when properly used, perform substantially in accordance with the functions described on veo.co. The warranty is given on the condition that the VEO Camera is used in accordance with the instruction video(s) available on veo.co and that You have not prevented VEO from updating the Software remotely.
6.3 If, within the warranty period, You notify VEO of any defect or fault in the Software and it is determined that the defect or fault is not caused by use of the Software against the restrictions stipulated herein, VEO will, at its sole option, replace the Software or reimburse the price of the VEO Camera, provided that You make available all the information that may be necessary to help VEO remedy the defect or fault.
7. LIMITATIONS OF LIABILITY
7.1 Except as expressly set out in these Software License Terms, VEO does not provide, in respect of any of its obligations, any further or additional warranty or representation of any kind, express or implied, and any warranties, representations, conditions or other terms that may be implied by statute or general law are, to the fullest extent permitted by law, excluded, including, without limitation, any implied warranties of quality or fitness for purpose. In no event shall VEO be liable for any loss of anticipated revenues or profits, delays or otherwise for any consequential, indirect or punitive losses or damages, whether or not foreseeable and irrespective of the theory or cause of action upon which such damages might be based, including but not limited to strict liability, breach of warranty or otherwise. Loss of data is considered an indirect loss.
7.2 To the extent that remedies (by way of reimbursement of costs, repairs, replacement, or otherwise) are specified in these Software License Terms for default by VEO, such remedies are exclusive and shall constitute full and final settlement of VEO's liabilities (howsoever arising) in respect of the related default.
7.3 VEO shall only be liable for damage due to product liability to the extent mandatory under applicable law and, for the avoidance of doubt, to the extent permitted VEO’s liability shall be excluded, limited or otherwise restricted in all respects as much as possible under such law.
7.4 VEO’s maximum aggregate liability under or in connection with the license shall in all circumstances be limited to a sum equal to the price of purchase of a VEO Camera paid by You to VEO.
7.5 The above limitations and exclusions shall not apply (a) in case of willful misconduct or gross negligence, (b) in the event of death or bodily injury, or (c) if and to the extent mandatory law provides otherwise.
8.2 VEO may terminate the license granted to You with immediate effect if you commit a material breach of these Software License Terms which You fail to remedy within 14 days after VEO’s service of written notice requiring you to do so.
8.3 Upon termination for any reason all rights granted to You under this license shall cease and You must cease all activities authorized by the license, including use of the VEO Camera.
9. CHANGES TO THE SOFTWARE LICENSE TERMS
9.1 VEO reserves the right, at VEO’s sole discretion to make changes to the Software License Terms from time to time by giving notice to You and posting the amended terms on VEO Website.
10. TRANSFER OF RIGHTS
10.1 VEO may transfer it rights and obligation arising out of this license to another organization without affecting Your obligations under this license.
10.2 You may not transfer Your rights and obligations towards VEO to another person or organization without prior written approval from VEO.
11. OTHER PROVISIONS
11.1 These Software License Terms contain all terms and conditions applicable to Your use of the Software and supersedes all previous agreements on the subject-matter.
11.2 If one or more of the provisions of these Software License Terms are declared invalid or unenforceable as a result of current mandatory legislation or legal instruments issued by public authorities or decisions made by public authorities, other provisions of these Software License Terms will be severed and remain effective.
12. GOVERNING LAW AND DISPUTES
12.1 These Software License Terms are governed by and will be interpreted in accordance with Danish law.
12.2 Attempts shall be made first to settle by negotiation any dispute arising out of Your purchase of VEO Camera from VEO. The dispute shall be finally decided by the Danish courts.