Developers

Submitted by Anonymous on Thu, 11/12/2009 - 14:57

The cutting-edge motion detection API will open for beta test soon, sign up for test in form below:

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End User License Agreement
ALII, INC. MOTION SENSOR SOFTWARE END USER LICENSE AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON BELOW OR USING THE ALII SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”), AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS. YOUR USE OF THE ALII SOFTWARE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (i) CLICK "I DECLINE" AND (ii) YOU MAY NOT INSTALL OR USE THE ALII MOTION SENSOR SOFTWARE. 1. About This Agreement. This Agreement applies to all Software and Documentation made available by Alii, Inc. (“Alii”) to you. “Software” means the Alii motion sensor computer program, in object code format, and the accompanying program interfaces. The term “Software” also includes any updates, upgrades or other new features, functionality or enhancements to the Software made available to you. "Documentation" means any on-line read me, help files, or other related explanatory materials that accompany the Software. 2. License. The Software and Documentation are licensed, not sold, to you by Alii. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-sublicensable and nontransferable right to install and use the object code version of the Software for non-commercial purposes only. All distribution of the Software must be pursuant to the terms of this Agreement, and you must provide a copy of this Agreement to each recipient of the Software. There are no implied licenses granted by Alii under this Agreement. You acknowledge and agree that the Software is a “beta” release for evaluation purposes only and may contain bugs, defects and errors and that the Software may fail, return inaccurate results, and/or be subject to other malfunctions. 3. Use. 1. Limitation on Use. You may not: (i) use the Software in exchange for any form of consideration or otherwise in any commercial way; (ii) alter, modify or create any derivative works of the Software, the underlying source code, or the Documentation, including without limitation customization, translation or localization, except as permitted by the program interfaces; (iii) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iv) market, sell, license, sublicense, distribute, publish, display, reproduce, rent, lease, loan, assign or otherwise transfer to a third party the Software or any copy thereof, in whole or in part; or (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation. You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Alii for each such release. You may not cause or permit any third party to do any of the foregoing. 2. Third Party Software. [Applicable?]You acknowledge that the Software may contain copyrighted software of Alii's suppliers which is obtained under a license from such suppliers ("Third Party Software"). All third party Licensors and suppliers retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. 4. Proprietary Rights. Alii and its licensors retain all right, title and interest in and to all copies of the Documentation and the Software at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All trademarks used in connection with the Software and Documentation are owned by Alii, its affiliates and/or its Licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Alii with respect to the Software shall be Alii’s property and deemed Confidential Information of Alii. 5. No Support. This Agreement does not entitle you to receive hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software or Documentation. Any support is offered solely at the discretion of Alii. 6. Term and Termination. This Agreement and your right to use the Software and Documentation may be terminated by you or by Alii at any time upon written notice. This Agreement automatically terminates if you fail to comply with its terms and conditions. Immediately upon termination, you shall return or destroy all copies of the Software and Documentation in your possession, custody or control and if requested you shall certify to Alii in writing that such return or destruction has occurred. The following sections of this Agreement survive any expiration or termination hereof: 1 and 4 - 14. 7. NO WARRANTY. YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND THAT ALII AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. ALII AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ALII KNOWS OR SHOULD HAVE KNOW OF SUCH PURPOSE), RELATED TO THE SOFTWARE OR DOCUMENTATION, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS AGREEMENT. ALII AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION OR ANY RESULTS OF USE THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE CORRECTED. 8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ALII AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL DAMAGES, EVEN IF ALII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALII’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE SOFTWARE FOUND TO BE DEFECTIVE, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ALII TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. 9. Confidentiality. "Confidential Information" shall mean the Software and Documentation and all other information disclosed to you that Alii characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Alii. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Alii in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Alii in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) notify Alii to allow Alii an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Alii in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. 10. Injunctive Relief. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Alii irreparable damage for which recovery of money damages would be inadequate and that Alii therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 11. Export Controls. The Software and Documentation and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws. 12. U.S. Government End Users. The Software and Documentation constitute “Commercial Items,” as that term is defined at 48 C.F.R. §2.101. The Software consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Software and the Documentation that are specifically provided by this Agreement. 13. Miscellaneous. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Alii. (b) This Agreement shall be governed by the laws of California, U.S.A., excluding its conflict of law provisions. (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Alii Product resides in the federal and state courts situated in Santa Clara County, California, U.S.A., and you consent to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Alii may assign this Agreement to any entity at its sole discretion. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.