End User License
Proxicam End User Terms Of Use
PLEASE READ THE USER MANUAL AND THE IMPORTANT SAFETY INSTRUCTIONS / WARNINGS BELOW CAREFULLY BEFORE USING THE PROXICAM PEDESTRIAN DETECTION
AND ALERT SYSTEM (”Product”)Proxicam End User Terms Of Use
By using the Proxicam system “the Product ”, you will be acknowledging and agreeing to operate the Product in accordance with the Safety Instructions and Warnings set forth below. If you do not agree to these terms, please return the Product to your distributor, reseller, dealer or advise your asset manager.
- Installation must be carried out by an Authorised Proxicam Distributor, Reseller or Accredited Installer in accordance with the Proxicam Installation Portal and Proxicam Wiring Guides.
- The Product should not be removed or transferred between assets, other than by an Authorised Proxicam Distributor, Reseller or Accredited Installer.
- Do not cover or obstruct any of the Proxicam system components, including the Proxicam Smart Camera(s), the monitor (LCD), or Detection Indicator (LED).
- Do not use the Product for any purpose other than as described in the Product Manual or Operator’s Guide.
Warning
- The Product is a pedestrian detection and alert system designed to identify and track humans relative to their proximity to a machine.
- Proxicam is not an automated system. It is an aid to the operator and does not replace the operator, operator training, operator vigilance or responsibility. The operator should not rely on the Proxicam system, and should ensure to not get distracted from their usual tasks when using the Proxicam system.
- Proxicam, as with all technology, cannot guarantee 100% accuracy at all times, including false positives and false negatives. The system is an assistance only and should not be relied upon.
- Operators should exercise caution when using the Proxicam LCD monitor and not get reliant upon it, nor distracted by it.
- The Proxicam system may include components that capture video recordings and/or asset location/
- Should the Product’s Output Trigger be interfaced with machine control circuits, due care and caution should be taken as the machine could stop suddenly.
Limited Use Licence
- The owner / user is hereby granted a non-exclusive licence to use the software embedded in the Product, as well as the documentation accompanying the Product.
- Owner / user shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in, or provided in conjunction with, the Proxicam Product, (b) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software without written authorisation, (c) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software, or (d) remove proprietary notices on Product or Documentation.
Limitation of Liability/Governing Law
To the fullest extent permitted by law, including the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Manufacturer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Product; (b) any unauthorised access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Product; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (f) the defamatory, offensive, or illegal conduct of any third party.Furthermore, the Manufacturer shall not be liable for any injury or damage caused to the machine or property resulting from the Products’s machine control intervention, as stated in the End User Terms Of Use Warnings.
Governing Law
These terms shall be governed by and construed in accordance with the laws of the State of NSW, Australia, without regard to its conflict of law principles. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of NSW, Australia.
Consumer Guarantees/Contact Information
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure as per the Warranty Statement.
Contact Information
For any questions or concerns regarding these terms of use, please contact the Manufacturer of Proxicam, FleetSafe via telephone at 02 9436 1121 or email hello@fleetsafe.com.au
Mobileye End User Terms Of Use
PLEASE READ THE USER MANUAL AND THE IMPORTANT SAFETY INSTRUCTIONS / WARNINGS BELOW CAREFULLY BEFORE USING THE MOBILEYE ADVANCED WARNING SYSTEM (”Product”).
By using the Product, you will be acknowledging and agreeing to operate the Product in accordance with the Safety Instructions and Warnings set forth below. If you do not agree to these terms, please return the Product to your dealer or advise your fleet manager.
- Installation must be carried out by an Authorised Mobileye Distributor, Reseller or Accredited Installer in accordance with Mobileye’s Installation Standards and using an Installation Kit.
- The Product should not be removed or transferred between vehicles, other than by an Authorised Mobileye Distributor, Reseller or Accredited Installer.
- The Product should only be operated with 12VDC ~24VDC power.
- Do not cover or obstruct the SeeQ camera or the Product LCD display unit. • Do not use the Product for any purpose other than as described in the User Manual.
Warning
- The Mobileye Product is a driver assistance system, which is intended to alert drivers of certain potentially dangerous situations. It does not replace any functions drivers would ordinarily perform in driving a motor vehicle, nor does it decrease the need for drivers to stay vigilant and alert in all driving conditions, to conform to all safe driving standards and practices, and to obey all traffic laws, rules and regulations.
- The Mobileye Product is not an automated driving system and it does not act as a substitute for any aspect of driver vehicle control or safe driving practices. Drivers are strongly cautioned not to rely on the Mobileye Product as a replacement, to even the slightest degree, for exercising all due caution in assuring that they are driving safely and avoiding accidents.
- While the Mobileye Product represents a state of the art innovation in machine vision software and other technologies, it cannot and does not guarantee 100% accuracy in the detection of vehicles or driving lanes, nor in providing warnings of all potential road hazards. In addition, road, weather and other conditions can adversely affect the Mobileye Product’s recognition and response capabilities. Accordingly, drivers should not rely on the Mobileye Product to assure their driving safety, but rather should continue to rely on safe driving practices.
- Drivers should exercise caution in using the Mobileye Product Display Unit. Always maintain full concentration on the road while looking at the Mobileye Product Display Unit.
Limited Use License
- Mobileye hereby grants the owner / user of the Mobileye Product, a non-exclusive license to use the software embedded in the Product as supplied by Mobileye, as well as the documentation accompanying the Product.
- Owner / user shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or provided by Mobileye in conjunction with the Mobileye Product, (b) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software without written authorization from Mobileye, (c) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software, or (d) remove proprietary notices on Product or Documentation.