Terms & Conditions
Subscription to this service is subject to the terms set forth below, including but not limited to fees, term of agreement, terms of use, customer representations and warranty statement.
1. Definitions
- "Software" means DTT Inc.'s Software with the current functionality provided by DTT Inc. It also includes any accompanying instructions, documentation, technical data, images and other related materials.
- "Use" means storing, loading, installing, executing or displaying the Software and Data on DTT Inc.'s server(s) and auxiliary devices.
- "Product" means the Software product and its documentation as built at the time of the installation.
- "Terms of Use" means the scope of allowable Use any and all prohibitions and restrictions on Use, including any activities engaged in by way of DTT Inc.'s server(s).
- "Terms of Agreement" means the period from the date a subscription is purchased to the date of termination by either the subscriber or DTT Inc.
- "Subscriber" (sometimes referred to as "you") means the individual or entity who purchases the subscription under this subscription agreement.
- "Customer" means Subscriber and any entity or individual who properly Uses the Software through the Subscriber's subscription.
- "This Agreement" means the entire Service Subscription and License Agreement.
- "Upgrade" means a new release of the Product that includes a substantial new facility or capability.
- "DTT" means DTT Surveilance Inc. and its employees and properly designated agents.
2. Connections
- DTT will furnish its Storage service connected by signal circuit(s) to DTT's Data Center. It is understood that the condition, maintenance and availability of digital and analog lines is wholly beyond the control and jurisdiction of DTT and that said lines are maintained and serviced by the Customer or applicable provider. Uninterrupted QOS rating of 85% with 128 KBPS PER 2 CAMERAS, less than 1% packet loss, sub 100ms ping times, is necessary in order to ensure data flow to the offsite storage center. DTT has no control of the data as it transverses the Internet, subsequently cannot and by agreement herein shall not be held liable for any damages arising due to a disruption of service or lack of quality BEFORE the data reaches DTT’s network properties.
3. Subscription Terms
- DTT will provide updates to the Software, such as patches and certain limited improvements to existing functionality of the Software as DTT Inc. may choose to provide in its sole and reasonable discretion. This Agreement does not automatically include the right to receive any Upgrades, Reissues or new product releases by DTT. DTT will in its own sole and reasonable discretion determine whether and on what terms any Upgrade, Reissue or new product release will be made available to existing Subscribers.
- DTT charges monthly fees according to its fee schedule which is herein made part of this Agreement for the Subscription. By purchasing this Subscription, you are expreslly authorizing DTT to immediately bill your credit card or bank account for the first monthly fee and bill your bank account each month thereafter in approximately 30 day intervals. If for any reason any of our charges for these fees are rejected or refused by your credit card issuer or banking institution, DTT has the option to immediately terminate this Agreement and your Subscription and License to Use the software without notice and/or bill you according to the amended fee schedule. It is your sole responsibility to ensure that payment(s) is made and to notify DTT in writing of any different billing instructions, allowable termination or desire to change your payment method for our billing purposes.
- DTT will discontinue billing your credit card or bank account for any months after the month in which termination occurrs. DTT will not prorate or refund any fees paid for the month in which termination occurred.
- DTT may terminate the Subscription and Software License immediately without prior notice for failure to comply with any terms of this Agreement, including Software License terms or Terms of Use. Immediately upon termination, Customer will no longer have any right to Use the Software.
- By accepting this Agreement and purchasing this Subscription, Subscriber represents and warrants that, if a natural person, Subscriber is at least 18 years of age and/or is otherwise legally able to enter into a binding contract.
4. License Grant and Terms
- The Software is owned, patented and copyrighted by DTT and may contain software that is owned, patented and/or copyrighted by third party suppliers. The Software License does not confer title or ownership and is not a sale of any rights in the Software. Customer is granted only the right to Use the Software without right of sublicense.
- Customer must retain all patent, copyright notices and other proprietary legends in or on the original Software. Customer may not remove from the Software, or alter, any of the DTT’s trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software or its presentation. Customer may not copy the Software onto any public or distributed network.
- Customer may not modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Software, copy, reproduce or distribute the Software in any way in whole or in part or create any derivative work based on the Software. Customer expressly acknowledges that the Software and its source code are protected trade secrets and that DTT will be materially damaged by any breach of this provisiony. An use of these materials on any other website or networked computer environment for any DTT Offsite Storage Subscription Agreement DTT Surveillance 1755 N. Main St. Los Angeles, CA 90031 Phone: 800-933-8388 Fax: 323-576-1470 purpose is prohibited. The Software is copyrighted and any unauthorized use of it is prohibited. If Customer breaches any of these terms, the License to Use the Software automatically terminates and Customer must immediately destroy any downloaded, installed or printed materials and will be liable for consequential damages.
5. DTT not an Insurer – Liquidated Damages
- It is understood and agreed by and between the parties hereto that DTT is not an insurer and that the payments of charges are based solely upon the value of the services provided for herein and are unrelated to the value of Customer’s property or the property of others located on Customer's property. Customer agrees that DTT shall not be liable for loss or damage due directly or indirectly to any occurrence or consequence there from, which the service is designed to detect or avert; that from the nature of the service to be performed, it is impractical and extremely difficult to determine the actual damages, if any, that result from the failure on the part of DTT to perform any of its obligations hereunder or the failure of the system(s) to properly operate. DTT does not represent that the system(s) being monitored cannot be circumvented or will in all cases provide the intended protection for Customer's property. Accordingly, Customer understands and agrees that if DTT should ultimately be held liable for loss or damage due to a failure of service for Customer's property, in any respect whatsoever, DTT's liability shall be limited to a sum equal to the total of Five Hundred Dollars ($500), as liquidated damages and not as a penalty, and this liability shall be the exclusive remedy of Customer. The provisions of this Section shall apply, if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or nonperformance of the obligations imposed by this Agreement, or from negligence or gross neglignenc or other tort, active or otherwise, of DTT, its agents, assigns or employees.
6. Disclaimers and Limitations
- TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS SOFTWARE AND THE ACCESS TO OUR SERVER ARE PROVIDED TO “AS-IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. DTT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DTT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. DTT DOES NOT REPRESENT THAT ITS SERVER(S) WILL BE AVAILABLE AT ALL TIMES OR WILL BE FUNCTIONING PROPERLY WHEN YOU OR OTHERS WISH TO ACCESS THE FUNCTIONALITY OF THE SOFTWARE. OUR SERVER(S) MAY BE UNAVAILABLE AT TIMES FOR MAINTENANCE OR FOR A VARIETY OF OTHER REASONS. WE ARE NOT LIABLE TO YOU FOR ANY PERIODS OF UNAVAILABILITY AND YOU WILL NOT BE ENTITLED TO ANY REFUNDS FOR THOSE PERIODS WHEN THE SERVER IS NOT AVAILABLE OR IS NOT FUNCTIONING PROPERLY.
- EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DTT OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT DTT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIQUIDATED DAMAGES DESCRIBED ABOVE ARE YOUR ONLY REMEDY AND ARE A CAP ON DTT’S POTENTIAL EXPOSURE.
- DTT DOES NOT PROMISE THAT THE SOFTWARE WILL FUNCTION ON OR BE COMPATIBLE WITH YOUR HARDWARE OR OTHER DEVICES. DTT DOES NOT PROMISE OR WARRANT THAT YOUR HARDWARE OR OTHER DEVICES WILL BE COMPATIBLE WITH THE FUNCTIONALITY AVAILABLE THROUGH OUR SERVER(S). IT IS CUSTOMERS SOLE RESPONSIBILITY TO ENSURE THAT CUSTOMERS HARDWARE OR OTHER DEVICES AND INTERNET ACCESS ARE COMPATIBLE WITH THE SOFTWARE AND THE SERVER FUNCTIONALITY.
- TO THE EXTENT ANY DAMAGES ARE COVERED BY INSURANCE, YOU AFFIRMATIVELY AND KNOWINGLY WAIVE ALL SUBROGATION RIGHTS AGAINST DTT AND ITS CONSULTANTS, AGENTS ,EMPLOYEES AND OR INSURERS.
7. Terms of Use
- As a condition of Use of the Software, Customer may not Use the Software for any purposes that is unlawful or prohibited by these Terms of Use. DTT reserves the right to suspend or terminate this Subscription if the Software is used for an unauthorized purpose.
- Customer agrees not to use the Software or the Subscription to interfere with or disrupt servers or networks connected to the Software.
- DTT Inc. may modify these terms at any time. You agree to monitor these terms and conditions regularly for changes.
8. Choice of Law provision
- The parties herby agree that Agreement shall be construed and governed by the laws of the State of California. This Agreement shall become binding on the parties hereto when signed by Subscriber and approved by DTT.
DTT Inc. may modify these terms at any time. You agree to monitor these terms and conditions regularly for changes.
(End of Terms and Conditions) (Version of 10/29/2009)
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