LICENSE AGREEMENT BETWEEN
EarthCam, Inc. and END USER for:
EarthCam Control Center Software
The use of this product indicates your understanding and acceptance of the
following terms and conditions. This license shall supersede any verbal, or
prior verbal or written, statement or agreement to the contrary. If you do not
understand or accept these terms, or your local regulations prohibit "after
sale" license agreements or limited disclaimers, you must cease and desist
using this product immediately. Copyright laws supersede all local regulations.
Any rights not expressly granted herein are reserved by EarthCam, Inc.
Copyright:
This product (in whole or in part, including all files, data, documentation,
and web pages, from here on referred to as "EarthCam Control Center Software")
is Copyright 2002-2025 EarthCam, Inc., all rights reserved, and is protected by
United States copyright laws, international treaties and all other applicable
national or international laws. This product may not, in whole or in part, be
copied, photocopied, translated, or reduced to any electronic medium or machine
readable form, without prior consent in writing, from EarthCam, Inc. and
according to all applicable laws. The sole owner of this product is EarthCam, Inc.
Privacy Policy:
To read our Privacy Policy, click here .
Liability disclaimer:
This product and/or license is provided exclusively by EarthCam, Inc. on an
"as is" basis, without any representation or warranty of any kind,
either express or implied, including without limitation any representations or
endorsements regarding the use of, the results of, or performance of the
product, its appropriateness, accuracy, reliability, or correctness.
The entire risk as to the use of this product is assumed by the End User
and/or licensee. EarthCam, Inc. does not assume liability for the use of this
product beyond the original purchase price. In no event will EarthCam, Inc. be
liable for additional direct or indirect damages including, without limitation,
any lost profits, lost savings, or other incidental or consequential damages
arising from any defects, or the use or inability to use this product, even if
End User or EarthCam, Inc. have been advised of the possibility of such damages.
End User indemnifies EarthCam, Inc. from any and all inappropriate or illegal
uses of EarthCam, Inc. software and/or from any alterations of software not
approved by EarthCam, Inc.
EarthCam, Inc. will not be liable for any direct or indirect damages arising
from lawsuits or legal fees incurred by such uses.
Restrictions:
You may not use, copy, modify, embed, translate, or transfer the product or
any copy except as expressly defined in this agreement. You may not attempt to
unlock or bypass any copy protection or authentication algorithm utilized by
this product. You may not remove, reverse engineer, decompile or modify any
copyright notice, nor any "about" dialog or the method by which it may be
invoked.
Limitation of Use:
You may not modify, copy, distribute, transmit, display, embed, perform,
reproduce, publish, license, create derivative works from, transfer, rent, or
sell any information, software, products or services obtained from the
EarthCam Control Center Software. Without the advance express written
permission of EarthCam, Inc., you may not send, or cause to be sent, any
automated queries of any sort to the EarthCam Control Center Software, or use
the EarthCam Control Center Software in any commercial manner.
Unauthorized use of EarthCam content is a violation of US and other
applicable copyright laws. Capturing, recording, rebroadcasting, embedding,
framing or displaying streaming video and other imagery generated by EarthCam
cameras without the express written permission of EarthCam is strictly prohibited.
EarthCam does not authorize the use of its cameras nor its content for facial
recognition applications. Utilization of EarthCam content for training artificial
intelligence or machine learning applications without the explicit written
permission of EarthCam is also strictly forbidden.
EarthCam reserves the right to take any and all necessary legal action to prevent
unauthorized use and to protect its content.
No Unlawful or Prohibited Use:
As a condition of your use of the EarthCam Control Center Software, you will
not use the EarthCam Control Center Software for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the EarthCam
Control Center Software in any manner that could damage, disable, overburden, or
impair the EarthCam Control Center Software (or the network(s) connected to the
EarthCam Control Center Software) or interfere with any other party's use and
enjoyment of the EarthCam Control Center Software. You may not attempt to gain
unauthorized access to the EarthCam Control Center Software, other accounts,
computer systems or networks connected to the EarthCam Control Center Software,
through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the EarthCam Control Center Software. You
may not post content that is unlawful, harassing, abusive, obscene, hateful, or
otherwise objectionable in any way. You may not post inaccurate, false, or forged
information or content of any kind. You may not manipulate photographs or falsify
a photograph's date with the intent to deceive the people viewing the photographs.
You may not post content that you do not have the proprietary rights to make
public. You may not upload, post, email, transmit or otherwise make available
material that contains spam, software viruses, junk mail, or any files designed
to interrupt, destroy, or limit the functionality of any computer.
You are responsible for maintaining the confidentiality of your account
username and password. You are responsible for all uses of your account, whether
or not actually or expressly authorized by you. If there is a breach of the
confidentiality of a username or password assigned to you, or any breach of
security through your account, then you should notify EarthCam, Inc. immediately.
User names and passwords are intended to allow authorized customers only to
access the website. Your user name and password may not be transferred to or used
by [a third party] OR [anyone other than an authorized user at your business]
without the prior written consent of EarthCam.
Terms:
This license is effective until terminated. This license will terminate if
you fail to comply with any terms or conditions of this agreement. You agree
upon such termination to destroy all copies of the software and of the
documentation, or return them to EarthCam, Inc. for disposal.
Modification of These Terms of Use:
EarthCam, Inc. reserves the right to change the terms, conditions, and
notices under which the EarthCam Camera Control Software is offered, including
but not limited to the charges associated with the use of the EarthCam Camera
Control Software. You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites. Your continued
use of the EarthCam Camera Control Software constitutes your agreement to all
such terms, conditions, and notices.
Other rights and restrictions:
Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the product.
Separation of Components.
The product is licensed as a single product. Its component parts may not be separated for use on other systems or sites.
License to Use Images.
EarthCam is granted the right to use and a royalty free license to publish images produced by your camera within its marketing materials.
All other rights and restrictions not specifically granted in this license
are reserved by End User and/or EarthCam, Inc.
Other Restrictions:
You may not rent, lease or sublicense the Software but you may transfer the
Software and accompanying written materials on a permanent basis provided that
you retain no copies and the recipient agrees to the terms of this agreement.
You may not reverse engineer, decompile, or disassemble the Software. If the
Software is an update or has been updated, any transfer must include the most
recent update and all previous versions.
Without the prior written consent of EarthCam, Inc., you may not use any of
EarthCam, Inc.'s proprietary logos, marks or other distinctive graphics, video
or audio material in your links. You may not link to the website or to any page
thereof or engage in the practice of "deep linking" in any manner reasonably
likely to: (a) imply affiliation with or endorsement or sponsorship of or by
EarthCam, Inc.; (b) cause confusion, mistake, or deception; (c) dilute EarthCam,
Inc. trademarks or service marks; (d) otherwise violate state, provincial, or
federal law; or (e) constitute improper derision or disclosure concerning
EarthCam, Inc., and its officers, directors, agents, or franchises. You may not
frame or otherwise incorporate into another website any of the materials on this
website without the prior written consent of EarthCam, Inc.
Termination:
This license for the Software is effective until terminated. Your rights
under this license will terminate automatically without notice from EarthCam,
Inc. if you fail to comply with any term(s) of this license. Upon the
termination of this license, you shall cease all use of the Software and destroy
all copies, full or partial, of the Software. All rights granted to EarthCam,
Inc. under this EULA will survive the termination of the license.
Disclaimer:
THE SOFTWARE IS DELIVERED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE
PURCHASER. EARTHCAM, INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING
OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE SOFTWARE.
EARTHCAM, INC. SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PRODUCTION,
LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS OR FOR ANY OTHER CONSEQUENTIAL,
ECONOMIC OR INDIRECT LOSS WHATSOEVER IN RESPECT OF SALE, PURCHASE, DELIVERY,
USE OR DISPOSITION OF THE SOFTWARE. EARTHCAM, INC.'S TOTAL LIABILITY FOR ALL
CLAIMS IN ACCORDANCE WITH THE SALE, PURCHASE, DELIVERY, USE OR DISPOSITION OF
THE SOFTWARE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE.
Governing Law:
This agreement shall be deemed performed in and shall be construed by the
laws of New Jersey.
Notice MPEG-4 Visual:
Since the Software contains MPEG-4 functionality, the following provision
applies:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL
STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR
INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT
THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND
(B) OTHER USES SPECIFICALLY AND SEPERATELY LICENSED BY MPEG LA, L.L.C.