The subscriber (“User”) agrees to subscribe to the Services (as defined herein below) on a monthly or annual basis (as selected by User at the time of its subscription) commencing on the initial subscription date at the agreed subscription rate for the selected services for the selected term (“Term”) subject to this Service Subscription and License Agreement (“Agreement”). Datavideo reserves the right to increase the subscription price at any time in its sole discretion. USER UNDERSTANDS AND AGREES THAT AN ACTIVE SUBSCRIPTION IS REQUIRED IN ORDER TO USE THE DV CLOUD SERVICES AND TO OBTAIN TECHNICAL SUPPORT, and that User may cancel its order for subscription services at any time but only effective at the end of each subscription Term.
2.1 Grant of dv Cloud Service Subscription License
(a) Subject to the terms and conditions of this Agreement, Datavideo grants to User a worldwide, non-exclusive, temporary, non-transferable, non-assignable non-sub licensable license to use the Licensed dv Cloud Software to be used in conjunction with the Services (defined below) for User’s direct beneficial business purposes only, provided that all copyright and restricted right notices contained thereon are honoured by User.
(b) User is entitled to sublicense use of the Licensed dv Cloud Software to its employees or a third party contractor to operate it solely on behalf of User, provided that (i) User is responsible for ensuring that any such employee or contractor agrees to abide by and fully complies with the terms and conditions of this Agreement, (ii) such use is only for User’s direct beneficial business purposes, and (iii) User remains fully liable for any acts or omissions by the employees or contractor with regard to this Agreement.
(c) This License includes all updates or upgrades of the Licensed dv Cloud Software which are released during the term of this Agreement. Notwithstanding the foregoing, Datavideo shall have no obligation to elaborate or release any updates or upgrades of the Licensed Software.
2.2 Scope of the License
Unless otherwise provided in this Agreement, the usage of the Licensed dv Cloud Software is strictly limited to the number of Licensed Users.
3.1 This Agreement applies to the User and employees and contractors using the Service through User.
3.2 User acknowledges and agrees that it has provided Datavideo the following information, as applicable, when digitally subscribing to the Service, and that such information is true and correct:
(a) for limited and public companies: the User’s registered full name and number, registered address and the Tax Registration Numbers;
(b) for partnerships: full partnership name and number, registered address and the Tax Registration Numbers;
(c) for charities: full charity name and address, charity number and the Tax Registration Numbers if applicable;
(d) for all other businesses: the entity name and confirmation of legal entity, registered address and Tax Registration Numbers; and
(e) for individuals, all personal and financial information.
3.3 This Agreement and License authorizes User to use the Datavideo dv Cloud product and Services (defined below) to be provided by Datavideo to the User, for use by the User. The User’s use of the Service is subject to this Agreement including any other terms and conditions associated with any ancillary services offered by Datavideo as notified to the User in writing and which are incorporated into this Agreement.
3.4 The User shall access and use the Service in accordance with this Agreement.
The User’s connection to and use of the Datavideo Service are subject to the User keeping the payment status of its account current at all times in accordance with this Agreement. By accepting the terms of this Agreement, the User agrees to make the payments due under this Agreement as they relate to the Service requested and used by the User for the Subscription Period. Early termination of this Agreement by the User will not relieve the User of its payment obligations and liability for those monthly charges for the Service that are applicable for the duration of the Subscription Period.
5.1 Datavideo shall provide the User with access to Datavideo’s dv Cloud Website “The Website” and related services (collectively, the “Service”) subject to the terms of this Agreement.
5.2 Availability: The User acknowledges that (i) the Service is digitally accessible via internet connection; (ii) the internet can be interfered with by numerous external sources and, as a result, Datavideo does not at any time represent, warrant, or otherwise guarantee a perfect, continuous, or error-free Service, whether in terms of quality, reliability, or availability of the Service.
5.3 The Service is and at all times shall be provided on an "as is" and "as available" basis. Datavideo agrees to take all reasonable steps to make the Service available to the User at all times, contingent upon Datavideo’s and/or Datavideo’s service provider's ability to maintain necessary licenses or permissions, or Datavideo’s and/or Datavideo’s service provider's network capacity and connection availability. Without limiting the foregoing, the User acknowledges and agrees that the network operator in the country within which the User accesses and/or uses the Service will be responsible, and Datavideo shall have no responsibility, for any aspects of network coverage, quality, reliability, and availability.
5.4 Datavideo does not represent, warrant, or otherwise guarantee a fault-free Service and disclaims all representations, warranties, or guarantees as to network coverage, quality, reliability, or availability or any other aspect of the Service. In the event of a fault in the Service, upon becoming aware of the fault or upon receipt of notice from the User of the existence of such a fault, Datavideo shall use commercially reasonable efforts to promptly correct the fault to the extent reproducible or otherwise identifiable by Datavideo.
5.6 Billing. It is solely the User’s responsibility to check the billing status (i.e. whether local tariffs are applicable for subscribing and/or roaming) of the country within which it intends to use the internet to access the Service before User incurs any charges by accessing the Service through the internet in that country. Datavideo will not be liable for any charges incurred by the User based on any misunderstanding of the applicable and available tariffs in a particular country. User remains solely liable for all costs incurred in accessing the Service.
5.7 Suspension. From time to time Datavideo may be required to upgrade, modify or maintain the Service, including without limitation the migration of the User’s account from one billing platform to a new or upgraded billing platform. On such occasions the Service may be temporarily unavailable, however, Datavideo will use commercially reasonable efforts (i) to keep such disruption to a minimum and (ii) notify customers in advance when possible.
5.8 Datavideo reserves the right to suspend the Service, as appropriate, without giving the User notice where:
a) Datavideo has reason to believe the User is in breach of the Service conditions of usage (Section 5 below), any other material term of this Agreement, or any of Datavideo`s policies, as notified to the User;
b) pending the outcome of an investigation following receipt of a complaint made against the User;
c) where there are any outstanding bills or Service charges which have not been paid when they are due for payment and Datavideo has provided reasonable written notice for remedying the non-payment of the outstanding bills;
d) Datavideo is notified or becomes aware that more stations are accessing the Service than the number of subscriptions licensed to the User;
e) Datavideo is obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority;
f) in order to prevent damage or degradation of the Service or Datavideo`s or Datavideo`s contracting party's network integrity which may be caused by the User or any other party acting by, through, or on behalf of the User;
g) for operational reasons or in an emergency or for security reasons.
5.9 Datavideo may at Datavideo`s discretion bar or disconnect User from access to the Service if Datavideo has reasonable cause to suspect any form of fraudulent use whilst accessing or using the Service.
5.10 Monitoring. Datavideo may monitor the Service and disclose information gained from such monitoring in order (i) to satisfy any law, rule, regulation or other governmental request, (ii) to operate and administer the Service, or (iii) to protect Datavideo or Datavideo`s other customers.
The Service shall commence following activation of User’s subscription so that the Service is operationally available for use by the User (“Activation”). Activation can be done on the Website; or, if any issues are encountered, by contacting Customer Support
THE USER’S OBLIGATIONS
7.2 The User shall be responsible for all use of the Service including but not limited to accessing devices, and compliance with any regulations and applicable instructions issued either by Datavideo or the third party supplier(s) of the accessing devices.
7.3 The User must comply, and shall cause its employees to comply, with all reasonable directions of Datavideo, including without limitation relating to any security procedures and standards with respect to the Service. Datavideo may communicate security issues to the User from time to time when abuse or misuse is observed or reported by others along with any and all general information related to Datavideo`s provision of the Service by any means, including via the Website.
7.4 The User shall not, and shall cause all its employees using the Service, not to misuse the Service, including but not limited to:
(a) reselling or rebilling the Service;
(b) using the Service to engage in unlawful activity, or in conduct that adversely affects Datavideo`s customers, employees, business, or any other person(s), or that interferes with Datavideo`s operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks;
(c) using the Service as a substitute or backup for private or dedicated data connections;
(d) tampering with or modifying the Service;
(e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated data communication for commercial or marketing purposes;
(f) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality;
(h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Datavideo`s or another entity’s network or systems;
(i) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions;
(j) assisting or facilitating anyone else in any of the above activities; or
(k) unless expressly authorized by Datavideo in writing in advance, install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted signal.
7.5 The User acknowledges and agrees that any violation of this Section 6 irreparably harms Datavideo in a manner that cannot be fully or adequately redressed by money damages and for which Datavideo shall be entitled to immediate injunctive relief in addition to all other remedies available.
7.6 The User is solely responsible for ensuring that its accessing devices are compatible with the Service that the User purchases from Datavideo. This responsibility shall include, but is not limited to, ensuring that these devices are compatible with the network in the country where the User wishes to use them.
The User acknowledges and agrees that (i) the quality, reliability, and other aspects of the Service are also dependent on the quality of the accessing device that the User chooses to use and (ii) Datavideo has no control or influence over the quality of such device and shall have no liability with respect thereto. The choice of accessing device is the User’s sole responsibility.
7.7 Content. The User is solely responsible for any and all content, information and communications transmitted by it using the Service, and the User acknowledges and agree that Datavideo has no responsibility for any such content, including without limitation any deletion, corruption or failure to store any content received on or transmitted using the Service.
7.8 Regulatory Compliance. Certain countries have additional regulatory requirements that need to be fulfilled prior to Datavideo being permitted to provide certain elements of the Service to customers. These may include the obtaining, verification and retention of user personal data. If a user intends to travel to a country where Datavideois required to satisfy these additional regulatory requirements, then it is an express condition of Datavideo providing the Service that the User co-operate and provide the required information and/or documentation prior to obtaining the right to access and use the Service.
7.9 Datavideo shall have no liability to the User for any costs or charges incurred by the User for failing to comply and satisfy any regulatory requirement of a country prior to accessing and/or using the Service in that country.
7.10 Datavideo shall have no obligation to provide or update or otherwise acquire information about countries requiring additional regulatory compliance at any time, and does not make any representations or warranties such information and disclaims all liability therefore.
CHARGES AND PAYMENT
8.1 The User shall receive a digital invoice for the Service utilized by the User. The User must pay the full amount of all invoices issued pursuant to the payment terms agreed on at the time User subscribes to the Service.
8.2 All subscription fees shall be payable in advance.
8.3 In the event that any sums are overdue, Datavideo reserves the right to charge interest from the date of invoice on overdue sums at a rate of the lesser of (i) 3 percent (3%) over the prevailing standard variable rate of Chase Manhattan Bank from time to time or (ii) the maximum rate allowed under applicable law, or to suspend the provision of the Service.
8.4 The User is not entitled by reason of any set-off, counter-claim, abatement, or other similar deduction to withhold payment of any amount due to Datavideo under this Agreement. Any such deduction or withholding of any due amount may result in suspension or termination of the Service.
8.5 The rates and charges for the Service shall be exclusive of any value-added-taxes (“VAT”) and any other applicable taxes, unless indicated otherwise. All collection, remittance and payment of any taxes, charges, levies, assessments and other fees of any kind imposed by governmental or other authority in respect of the Service shall be the User’s sole responsibility, and the appropriate amount shall be included on the applicable invoice to the User.
8.6 Datavideo will use commercially reasonable efforts to invoice the User for Service charges incurred in any given month in the following month. However, Datavideo reserves the right to invoice the User for such charges up to six months after such charges are incurred, including without limitation due to delayed charges being levied by third party operators.
8.7 Disputed Invoices. Billing queries with respect to any invoice must be made in writing within ten (10) days of the date of receipt of the applicable invoice, after which time the invoice will be deemed to be accepted and the User will be deemed to have irrevocably waived any remedies which the User would otherwise have to query such invoice. Such written query shall set out in detail the issue in dispute, the grounds for the dispute and supporting evidence.
8.8 If the User challenges the accuracy of any invoice, or a dispute arises between the User and Datavideo as to the accuracy of a sum due under this Agreement then, at the written election of either party, the procedures set out in Sections 7.10 to 7.14 (inclusive) below shall be used to resolve such dispute.
8.9 If the invoiced amount in dispute represents less than fifty percent (50%) of the total amount of the invoice (excluding tax), the invoiced amount shall be payable in full pending the resolution of the dispute.
8.10 On receipt of any written query in accordance with Section 8.7 hereof, Datavideo shall provide the User with:
i) a definitive re-calculation of the relevant sum due from User under the terms of this Agreement. The User shall have five (5) Business Days to review such sum and calculation and to state whether the User agrees with such calculation or, if the User does not so agree, to state the matters which the User does not accept as being an accurate calculation of the sum due to or from the User. If the User fails to respond to Datavideo`s notification of the re-calculation within five (5) Business Days then Datavideo`s re-calculation shall be deemed final and binding on the User.
8.11 If the User accepts such re-calculation, where any over-payment or under-payment is disclosed, Datavideo shall promptly refund (by means of issuing a credit note applied against the next invoice), or amend and reissue the invoice, or the User promptly will pay (as appropriate), the amount of such over-payment or under-payment.
8.12 If the User notifies Datavideo that it does not accept such re-calculation and provides as much detail as is reasonably practicable of the matters it does not accept as being correct, the parties shall meet and attempt to resolve any dispute or difference relating to the amount due. If they are unable to resolve the matters in dispute within the period of ten (10) Business Days following the date of the User’s notification to Datavideo, the matters in dispute shall be referred for settlement to a firm of independent accountants agreed by the parties or in default of agreement within five (5) Business Days at the request of either party to a firm of internationally recognized accountants selected by a mutually-agreeable neutral arbiter. The certificate of such independent firm as to the amount payable shall be final and binding and the costs of such exercise shall be borne by the losing party.
8.13 The paying party shall pay such sum as is determined in accordance with Sections 8.9 to 8.12 inclusive to the receiving party within five (5) Business Days of the date of exhaustion of the relevant procedure in each case.
8.14 For the purposes of this Section 8, Business Days shall mean Monday to Friday excluding any public holiday in the United States.
TERMINATION OF THE SERVICE
9.1 By Datavideo. Datavideo reserves the right to terminate this Agreement and cease supplying the Service in the event that the User materially breaches any of this Agreement’s terms and conditions or if User performs or fails to perform any act, which if performed or not performed by the User, would constitute a breach of this Agreement.
9.2 By the User. The User may terminate this Agreement in the following circumstances:
(a) if Datavideo varies the terms and conditions of this Agreement which results in an excessive increase in charges to the User or alters the User’s rights herein to its detriment, unless such variations are imposed on Datavideo as a direct result of new legislation, statutory instrument, court order, government regulation or license;
(b) if Datavideo is no longer able to provide the Service.
9.3 On cancellation of this Agreement User shall cease to use the Service. Any further use by User or its employees shall be at the User’s sole cost and risk.
9.4 Early Termination Fees. Where, during the Contract period, User terminates the Agreement without cause or where the Agreement is terminated by Datavideo due to a breach by User of these terms and conditions then User shall be liable for the full subscription for the full subscription period.
10.1 This Section 10 sets out the entire financial liability of Datavideo to the User (including any liability for the acts or omissions of Datavideo`s employees, agents, consultants and subcontractors) in respect of:
(a) The provision of the Service
(b) any breach of the Agreement
(c) any use made by User’s employees of the Service; or
(d) any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the Agreement.
10.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
10.3 Nothing in this Agreement shall limit or exclude a Party’s liability to the other Party:
(a) for death or personal injury caused by negligence;
(b) for fraudulent misrepresentation; or
(c) for any other liability that may not be limited or excluded by law, or
(d) In the case of User’s liability, to pay fees or charges when due to us under this Agreement.
10.4 SUBJECT TO SECTION 10.3, IN NO EVENT SHALL Datavideo BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES INCURRED BY THE USER OR ANY USER, OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL OR OTHER SIMILAR LOSSES OR FOR ANY LOSS OR CORRUPTION OF DATA OR INFORMATION OR ANY SPECIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES.
10.5 SUBJECT TO SECTIONS 10.3 AND 10.4, Datavideo`s TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT, INCLUDING THE PROVISION OF THE SERVICE, SHALL BE STRICTLY LIMITED TO THE SUBSCRIPTION CHARGES PAID BY USER FOR THE SERVICE.
10.6 Datavideo will not be liable or responsible for any failure to perform, or delay in performance of, any of Datavideo`s obligations herein or provision of the Service (i) where such delay or performance failure is due to any acts or omissions of the User or any user, including without limitation where the User or any user has provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by, or results, whether in whole or in part, from, events outside Datavideo`s reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving Datavideo`s workforce or any other party), Act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order or default of suppliers or subcontractors.
10.7 Datavideo and Datavideo`s vendors, suppliers or licensors are not liable for any damages arising out of or in connection with content or information accessed while using Datavideo`s Service, including without limitation through the internet or interruption or failure in accessing or attempting to access Services from the User’s accessing devices, or otherwise.
10.8 The User represents and warrants now and throughout the Contract Period that (i) the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties. If it is established that the User is in breach of any of these representations or warranties then Datavideo shall have the right to immediately terminate the Service and the User shall forfeit any credit remaining on the User’s account.
10.9 In no event shall the User have any right of action, recourse, or remedy against any third party licensors, suppliers, or contractors of Datavideo in connection with this Agreement nor will the User attempt to initiate any such right.
10.10 User understands and agrees that Datavideo makes no representations or warranties, express or implied, including, to the extent allowed by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning the Service. The Service is provided on an “as is” and “as available” basis. Datavideo does not promise uninterrupted or error-free Service and does not authorize anyone to make any representations warranties on Datavideo`s behalf or otherwise to bind Datavideo. This does not deprive the User of any warranty rights the User may have against anyone else.
10.11 The User’s liability. The User shall be liable for all charges or fees incurred in using the Service. Datavideo PROVIDES NO GUARANTEES OR WARRANTIES IN RELATION TO THE PREVENTION OF THE USE OF THE SERVICE ON LOST OR STOLEN LOGIN DETAILS AND DISCLAIMS ALL LIABILITY FOR ANY UNAUTHORISED USE OF THE USER’S ACCOUNT. User will be solely responsible for its use of the Service and will not be entitled to obtain any compensation from Datavideo for any unauthorised use of the Service.
CHANGES TO THIS AGREEMENT AND THE SERVICE
11.1 Datavideo reserves the right to change this Agreement from time to time and make changes to the Service or any promotion or charges relating to the Service at any time.
GOVERNING LAW AND LEGAL COMPLIANCE
12.1 This Agreement shall be governed by U.S. federal law or the law of the State of California, as applicable, without resort to the conflict of law provisions thereof, and shall be subject to the jurisdiction of and venue in the California Courts.
12.2 Despite the governing law provided above, the User may be subject to various rules, regulations and laws which may also apply to the User in the State or country in which the User or its Users access and/or use the Service, in particular where the User chooses its home country to be a country other than the United States of America.
DISPUTE RESOLUTION AND ARBITRATION
13.1 Datavideo AND USER EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION AS SET FORTH IN THIS SECTION 12. THE PARTIES ACKNOWLEDGE AND AGREE THAT, ALTHOUGH THERE IS NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, THE ARBITRATOR IN ANY SUCH ARBITRATION SHALL BE PERMITTED TO AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, THAT A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, SUCH ARBITRATOR SHALL BE PERMITTED TO AWARD THEM. DATAVIDEO AND THE USER ALSO EACH AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW THAT THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR SERVICE WITH DATAVIDEO OR ANY OF DATAVIDEO`S AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICE, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE JUDICIAL AND ARBITRATION MEDIATION SERVICES ("JAMS").
13.2 THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATIONS. USER WAIVES ANY RIGHT TO COMMENCE ANY CLASS OR COLLECTIVE ACTION.
13.3 ANY ARBITRATION AWARD MADE AFTER COMPLETION OF ARBITRATION HEREUNDER IS FINAL AND BINDING AND MAY BE CONFIRMED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
13.4 IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SECTION (13.2) ABOVE IS DEEMED UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
13.5 IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH OF THE USER AND DATAVIDEO VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.
13.6 THIS SECTION 13 IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT.
If the User has any complaints about the Service, the User should send them in the first instance to your local Datavideo office https://www.dvcloud.tv/contact.php
15.2 User consents to Datavideo transferring the User’s personal data to countries which do not provide the same level of data protection as the United States if Datavideo deems it necessary for the provision of the Service.
15.3 Datavideo will always use and process the User’s personal data in compliance with applicable data protection laws, as amended from time to time.
15.4 Datavideo will provide User with a copy of the User personal data that Datavideo holds, provided that the User requests access to such information in writing and pays Datavideo a reasonable administration fee.
16.1 If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or enforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or enforceability of a term is not due to serious misconduct by the Party seeking such compensation.
16.2 The User shall indemnify, defend, and hold harmless Datavideo and all employees, officers, directors, agents, and other representatives (collectively, “Representatives”) of Datavideo from and against any claims, actions, demands, suits, and proceeding brought by any third party against Datavideo or such Representatives, and all losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees) related thereto, arising from or relating to any breach of this Agreement by the User, any negligence or wilful misconduct of the User or any of its Representatives or Users, and any act or omission of any such Representatives of the User, which, if performed or not performed by the User would constitute a breach of this Agreement by User.