License & Support Information

Warranty Statement

Warranty Statement for Hardware

This includes but is not limited to Servers, Cameras, and Audio Equipment.

IVS provides warranty services in support of the Original Equipment Manufacturer (OEM) warranty up to 3 years.

Warranty Terms

Manufacturer’s (OEM) warranty coverage is established by the original equipment manufacturer within its warranty agreement for hardware only. IVS reserves the right to charge for any services in conjunction with the OEM warranty service call not covered by the OEM warranty agreement, such as shipping, packaging, travel costs, or any onsite labor services. Our standard devices either carry a 3-year repair / or replacement warranty.

If on-site services are deemed necessary, IVS will provide an estimate for travel costs and labor that must be paid in full prior to appointment scheduling.

IVS will make best effort to validate warranty coverage of requested equipment repair under the OEM manufacturer’s warranty by referencing the equipment serial number with the purchase date of the equipment. If IVS is unable to obtain warranty verification and you believe the equipment should be covered you may need to provide proof of purchase.

All items returned must have a valid RMA number associated with them. Items received without a valid RMA number may be returned to you at owner’s expense.

Warranty Entitlement

IVS provides a 3 year standard warranty on all hardware and 90 day warranty on all labor including wiring. This includes but is not limited to IVS supported products that are listed below. For any warranty replacement IVS reserves the right to replace a part or device with a comparable or refurbished model. These entitlements and associated labor, travel, parts, and / or shipping charges are subject to the manufacturer’s warranty agreement:

  • All server components carry a 3-year repair or replacement warranty.
  • All servers carry a 90-day replacement and 3 year depot repair warranty.
  • All Axis P or Q series cameras carry a 3-year repair or replacement warranty.
  • All Axis M series cameras carry a 1-year repair or replacement warranty.
  • All audio equipment carries a 2-year repair or replacement warranty.

Warranty Exclusions

The delivery of any warranty service provided by IVS does not cover problems attributed to the following:

  • Accident
  • Abuse or misuse
  • Problems with electrical power
  • Servicing by unauthorized party
  • Equipment not supplied by IVS
  • Usage not in accordance with instructions
  • 3rd party software or operating systems
  • Failure to perform preventative maintenance
  • Customer related network issues
  • Inadequate end user training or skills
  • User data loss
  • Acts of God or nature
  • Damage incurred during shipping

Obtaining Warranty Service

To request warranty services please contact Intelligent Video Solutions (IVS) by phone: 262-746-9290 or email: support@ipivs.com

Prior to sending a system in for service you should back up any data on the hard drives you wish to maintain. Any removable media should be removed from the system or device. If you are sending a system in do not include any accessories with the system. IVS will not accept any liability for lost customer data or software. Any cost associated with lost data or reconstructing data stored on removable media are not covered under this warranty.

Disclaimers

IVS makes no express or implied warranties beyond those stated in the warranty section. IVS disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Some states do not allow limitations on implied warranties.

IVS’s responsibility for malfunctions and defects in hardware is limited to repair and replacement set forth in this warranty statement.

IVS does not accept liability beyond the remedies set forth in this warranty statement or liability for incidental or consequential damages, including without limitation any liability for products not being available for use, additional customer time or labor associated with service, or for lost data or software.

End User License Agreement

Intelligent Video Solutions, LLC
END USER LICENSE AGREEMENT
for IVS VALT SOFTWARE and Related Software Products and Services

Thank you for choosing software (“Software”) from Intelligent Video Solutions (IVS). This End User License Agreement (this EULA) is a legally binding license agreement between you and IVS that describes your rights to use this software and services provided by IVS. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION OF THIS EULA, YOU MAY NOT USE ANY SOFTWARE PROVIDED BY IVS. THIS EULA IS AN AGREEMENT TO LICENSE SOFTWARE, NOT AN AGREEMENT FOR THE SALE OF SOFTWARE.

For adequate consideration, IVS and End User (“You”) agree as follows:

1. Software Licensed, Not Sold. The Software is licensed, not sold. This EULA does not transfer or modify any ownership rights related to the Software, which are exclusively held by IVS.

2. License Grant to the Software. Subject to the terms of this EULA and of applicable fees, IVS hereby grants you a limited, worldwide, nonexclusive, nontransferable, revocable license, without rights to sublicense, to download and install the Software on one (1) server, and to use the Software for the purposes set forth in the applicable Software documentation, to the extent permitted by your payment of applicable fees and any specifications of your specific license grant and license type.

3. Title. IVS retains all right, title and interest in and to the Software.

4. Intellectual Property Rights Confidential. The IVS VALT Software is valuable trade secret(s) and the confidential and proprietary information of IVS. The Software and any copies thereof are the exclusive intellectual property of IVS and protected by copyright laws and international treaties and as well as other intellectual property laws and treaties. The structure and organization of the Software, along with its source code and object code, are confidential information and valuable trade secrets of IVS. You agree that any disclosure by you of this confidential information will cause immediate, irreparable harm to IVS for which a court of competent jurisdiction may award equitable remedies, as well as any other available legal remedies. IVS does not grant you any intellectual property rights in or to the Software. You agree to maintain the confidentiality of the Software, License Keys, and other intellectual property of IVS using your best efforts, and in no case less than reasonably prudent care for extremely sensitive and proprietary confidential information. You agree to reasonably communicate the terms and conditions of this EULA to those persons employed or engaged by you, or who otherwise come into contact with the Software, and other intellectual property of IVS, and to use best efforts to ensure their compliance with the terms and conditions of this Section 4.

5. Termination. IVS may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA or fail to timely pay any amounts due IVS.

6. Effect of Termination. In the event of termination, you must immediately and completely cease using the Software in any way, and destroy all copies of the Software.

7. Limited Warranty. IVS warrants that the Software will substantially conform to the description contained in the applicable end user documentation for a period of 90 days after the earlier of the date IVS provides the Software or the date you downloaded the Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVS PROVIDES THE SOFTWARE AND SERVICES WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND IVS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IVS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE OR SERVICES WILL BE OR PROVIDE FOR ERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION. IN THE EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, DISTRIBUTOR, OR OTHER THIRD PARTY, IVS SHALL HAVE NO OBLIGATION TO YOU UNDER ANY WARRANTY GIVE BY SUCH RESELLER, DISTRIBUTOR, OR THIRD PARTY, OR THEIR RESPECTIVE AGENTS OR EMPLOYEES.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IVS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE RELATED TO THE SOFTWARE, SERVICES, OR OTHER SUBJECT MATTER HEREOF. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
IVS’S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE AND SERVICES LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER IVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AND IVS AGREE THAT, GIVEN THE PRICE OF THE SOFTWARE AND THE NATURE OF THE CIRCUMSTANCES, THE PRECEDING LIMITATIONS ARE FAIR AND REASONABLE.

9. Taxes. You shall be solely responsible for, and shall pay directly, all taxes, duties, and charges incurred related to this EULA or the Software or Services.

10. Entire Agreement. This EULA sets forth IVS’s entire liability and your exclusive remedy with respect to the Software, Services, and other subject matter hereof, and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. ANY PURCHASE ORDER OR OTHER DOCUMENT PROVIDED BY OR RECEIVED FROM YOU SHALL BE FOR YOUR INTERNAL USE ONLY AND SHALL NOT BE APPLICABLE TO IVS NOR SHALL IT MODIFY THE TERMS OF THIS EULA OR GOVERN YOUR USE OF THE SOFTWARE. IVS REJECTS ANY TERMS CONTAINED IN YOUR PURCHASE ORDERS OR SIMILAR DOCUMENTS.

11. Notices. Notices required by or related to this EULA from you must be sent via U.S. Mail or reputable overnight carrier, return receipt requested, to IVS’s then current mailing address, which is presently 1265 E. Wisconsin Avenue, Suite A, Pewaukee, Wisconsin, 53072.

12. Severability. If a provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.

13. Relationship of You and IVS. This EULA shall not be construed to create any employment, partnership, joint venture, franchise, or agency relationship between you and IVS, or to authorize either party to enter into any commitment or agreement binding on the other party.

14. Governing Law. This EULA will be governed by the laws of the State of Wisconsin without regard to its choice of law principles. Any dispute under this EULA will be venued in Waukesha County, Wisconsin.

15. Contact Information. If you have any questions about this EULA, please contact IVS at ipivs.com.

16. Survival of Terms. These terms shall survive termination of this EULA.

Software Support Agreement

Overview

The SSA (Software Support Agreement) is an annual subscription that includes: Technical Support, Maintenance and Software Upgrades.  IVS has different part numbers & pricing for SSA based on the number of cameras and devices being supported.

Term

The term is 12 months starting on the first of the next month after the invoice date.  SSA can be purchased for up to 5 years.

IVS Responsibilities (IVS)

IVS will notify Customer of software enhancements, updates and bugfixes these will be published in one of the following methods: IVS’s website or wiki, email, telephone or written letter. IVS will, from time to time, notify Customer with copies of the Software and relevant documentation revised to reflect significant updates and enhancements to the software made by IVS, if any, while the customer is under SSA using one or more of the following methods: IVS’s website or wiki, email, telephone or written letter.

Within a reasonable time after being given written notice thereof, IVS will correct errors in the Software that are not caused by Customer’s misuse, improper use, alteration or damage of the Software.

IVS will supply Customer with reasonable means of accessing and applying modifications and enhancements to the Software, through the use of a network download or remote session. IVS is not obligated under this Agreement to perform on-site installation of modifications and enhancements.

Customer Responsibilities

Customer agrees to follow the IVS’s minimum hardware and software requirements in order for the Software to function properly in a production environment. Customer agrees that IVS is not responsible, nor obligated to change Software due to Customer’s change in business practices, polices or procedures. However, Customer may request new features or upgrades to accommodate all or part of said practices, polices or procedures. Customer acknowledges that it is the sole responsibility of the Customer, at all times, including specifically during all service functions performed by IVS pursuant to this Agreement and undertaken on the Customer’s local installation of the supported Software, to protect and maintain an up-to-date and restorable backup of any and all related databases and files.

Technical Support

The Customer may receive support by calling IVS’s telephone support phone number, or emailing support@ipivs.com. Support assistance may be delivered by telephone, email and/or remote assistance via a web meeting. Support will be provided to the Customer for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions, installation and deployment, general questions, end user questions, software administration and best practices procedures. IVS is not responsible for software or hardware of third parties, but may, at the discretion of the support engineer, assist in troubleshooting these third party hardware/software issues. IVS will give reasonable assistance to Customer in installing and operating any new release or enhancement, provided, however, that if such assistance is to be provided onsite, such services will be charged at IVS’s then current consulting rate.

Software Maintenance

While the customer is under SSA, IVS will provide the Customer with patches, bug fixes and releases of the Software along with other generally available technical material. All patches, bug fixes and releases shall be subject to the license agreement related to the Software.

Software Upgrades

If under SSA the customer is eligible for all software upgrades. Customer agrees that the releases of software upgrades are at the sole discretion of the IVS and shall follow the IVS’s internal quality standards. Further, IVS will choose software features to be depreciated or included. If a customer not engaged in a current SSA wants a software upgrade they will be required to purchase an upgrade at a rate of the IVS’s current upgrade pricing.

Support Hours

IVS will provide support Monday through Friday from 8:00AM to 5:00PM CST with the exception of IVS holidays. If Customer requires support outside of normal support hours, this can be arranged on a case by case basis and is subject to the availability of the support engineer and may require a minimum of 24 hrs advance notice to the IVS.

Unresolved Calls

Not all calls may be resolved while the technician is on the phone. Some calls require testing and/or assistance from our development department to resolve. IVS will keep the designated contact person updated as to the status of the open call if the problem cannot be resolved while on the phone with the technician.

Non-Support Agreement

Customers not engaged in a current SSA may obtain technical support at a consulting cost determined by IVS.

Service Level Agreement

Overview

This Service Level Agreement “SLA” covers all support and maintenance services provided by Intelligent Videos Solutions “IVS” to the customer relating to the VALT (“Video Audio Learning Tool”) and BEAM software packages. This agreement is effective from the date of installation of the VALT software and will continue as long as the customer is under an active support and maintenance agreement. This agreement is subject to change at the discretion of Intelligent Video Solutions.

Scope

Intelligent Video Solutions will provide technical assistance and troubleshooting for the following items:

  • Software issues related to the VALT or BEAM applications.
  • Hardware issues related to the VALT appliance (physical appliances only), IP cameras, microphones or other related equipment purchased by the customer from IVS and installed by IVS or an IVS certified subcontractor.
  • Customer provided devices utilized to access the VALT software.
    • Troubleshooting and support of client side issues will be limited to assisting the customer in identifying any issue related to access to the VALT software. Once the issue has been identified it will be the customer’s responsibility to resolve any issues related to customer supplied devices.

Maintenance

At the customer’s request Intelligent Video Solutions will perform requested maintenance on customer owned VALT physical and virtual appliances. These maintenance activities may include the following:

  • Installation of OS level updates
  • Installation or integration of third party applications, such as a backup agent, on the VALT server.
    • All such third-party applications must first be reviewed by IVS. IVS reserves the right to deny the installation of any third-party application.
  • Change in configuration to the VALT application, the underlying OS, or any support applications required to run the VALT software. Any customer requested changes are subject to approval by IVS.

All maintenance requests must be scheduled with IVS and must occur during the support hours stipulated in this agreement.

Updates

Intelligent Video Solutions will perform updates to the VALT software periodically. Notice of all major releases will be provided to the customer within 30 days of release. This notice may take the form of an email or newsletter. All updates must be requested by customer and scheduled a minimum of 24 hours in advance with IVS. No updates will be applied to a customer owned appliance without prior approval from the customer.

Limitations

Intelligent Video Solutions will not be responsible for any support for equipment provided by or installed by an authorized reseller or other third party. For the purposes of this SLA, a customer performing a self install will be considered a third party installer. The only exception to this policy will be the VALT software, which IVS will provide support for. Any issues that IVS identifies as being related to hardware provided by a reseller or installation work completed by a third party installer, will be the responsibility of the that party to resolve.

Severity Levels

Intelligent Video Solutions will classify all support and maintenance requests with a severity level according to the following list. The severity level will be used to determine the required response time as stipulated in the Target Response Section below. When determining a severity level, the following conditions will be taken into consideration:

  • Impact of Issue on Customer Workflow
  • Time Sensitivity of Issue
  • Extent of Issue
  • Availability of a Work Around
  • Method of Submission

Severity Level 1

VALT application is completely down and unusable. The customer’s workflow is severely impeded by the outage of the video recording software.

Severity Level 2

VALT application is experiencing a critical issue resulting in reduced functionality. This issue is directly impacting the customer’s workflow.

Severity Level 3

The issue relates to the VALT application, but does not affect all users of the system. Most users are able to utilize the VALT software without issue or the issue does not significantly impact the customer’s workflow.

Severity Level 4

The issue is maintenance related and does not significantly impact the customer’s workflow.

Severity levels often cannot be properly assigned until the situation is assessed by an IVS technician. All issues will be assigned a severity level based upon the initial reporting. That severity level may be adjusted after an IVS technician has reviewed the situation.

Target Response Times

Any issues submitted during covered support hours will be assessed by an IVS technician and assigned a priority. IVS will make every effort to respond to all support issues in a timely manner. The chart below outlines the target response times for all issues based on severity. All times listed are based on covered support hours. Any issues submitted outside support hours will be treated as having been submitted at the beginning of the next support day.

Severity Level

Target Response Time

1

Two Hours

2

Four Hours

3

One Day

4

One Week

Intelligent Video Solutions recognizes that resolution of an issue may require multiple resources both from IVS, the customer, and third parties. As such, IVS offers no guarantees or warranties as to resolution timeframe for any reported issue. All issues will be resolved on a best effort basis.

Support Hours

Intelligent Video Solutions will provide support and maintenance services in accordance with this SLA during the following hours:

Monday – Friday 8 AM to 5 PM

All times are Central Standard Time.

Additionally, support and maintenance services will not be provided on nationally recognized holidays or any day that IVS deems not a regular business day.

Customer Support

All support and maintenance issues should be submitted to IVS via one of the methods listed below.

Phone: 262-746-9290 Option 2

Email: support@ipivs.com

Booking Page: https://outlook.office365.com/owa/calendar/IntelligentVideoSolution@NETORG2249425.onmicrosoft.com/bookings/

Any issues submitted via email will automatically be classified as a severity three or below. IVS should always be notified of critical issue via phone. The customer acknowledges by submitting an issue via the booking page that they are selecting a support time of their choosing and forgo any expectation of response times listed in this document.

Support issues should not be reported directly to any IVS employee or contractor. IVS cannot guarantee response time or resolution of any issues not reported to IVS customer support in the appropriate manner.

Customer Responsibilities

  • Maintain a record of the configuration of the VALT application and any related equipment for use by IVS support in troubleshooting any issues related to the VALT software.
    • IVS does not maintain a record of this information for any customer.
  • Provide remote access to IVS support to the VALT server, IP cameras, and any computers experiencing an issue to facilitate troubleshooting.
    • IVS does not maintain any external access to customer owned hardware.
    • Remote access can be provided via Splashtop, Zoom, or any other remote software available to both IVS and the customer without any additional cost to IVS.
  • Provide the necessary passwords to IVS support personnel to access the VALT appliance and all related equipment.
  • Provide IT support staff to assist in troubleshooting and resolving any issues related to the VALT software. This includes making required changes to networking, firewalls, antivirus, or any other software or hardware as required to restore the VALT software to normal operating condition.
  • Provide staff on site to assist with minor physical troubleshooting of issues related to the VALT software. This includes, but is not limited to:
    • Rebooting Cameras
    • Verifying Equipment Status
    • Checking Wiring
  • Maintain the VALT appliance and any related equipment in a climate controlled environment and ensure the equipment is not subject to physical damage.
  • Back up the VALT database and all video files on the VALT appliance(s).

Charges

Unless stated otherwise, all services associated with the maintenance and support of the VALT application and related equipment will be covered under the VALT maintenance and support agreement.

The maintenance and support agreement covers remote support services only. Any issues that cannot be resolved remotely which require a site visit from a VALT technician or contractor, may be billable. Billing for such services may include both on site hours and travel expenses.

The support and maintenance agreement does not extend any warranties for any hardware related to the VALT application. Replacement hardware or components for any hardware not covered under an active warranty from the hardware manufacture will be billed to the customer.