Milestone End-User License Agreement for Milestone XProtect® Arcules Connector
NOTE: If you are a Milestone Partner (reseller or system integrator) or are otherwise installing this Product (as defined below) on behalf of a third-party – End User under this Milestone End-User License Agreement, you shall ensure that you have their acceptance of this Milestone End-User License Agreement and their consent to provide any personal data for registration with Milestone Systems A/S if such voluntary option is applied.
This Milestone End-User License Agreement (“License Agreement”) constitutes a legally binding agreement between you (either an individual or a single legal entity) (referred to herein as “you” or “End User”) and Milestone Systems A/S (“Milestone”) governing the use of Milestone XProtect® Arcules Connector, including any associated software, media, online or electronic documentation, and any updates, modifications, or corrections thereto (collectively, the “Product”).
By installing, deploying, copying, or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the Product. The Product is protected by copyright and other intellectual property laws, as well as applicable international treaties. All software components of the Product are licensed to you, not sold. Except for the limited license rights expressly granted under this EULA, no right, title, or interest in or to the Product, including any intellectual property rights therein, is transferred to you.
Intellectual Property Rights. All title and rights, including but not limited to copyrights, in and to the Product and any copies thereof are owned by Milestone, or in the case of third-party contributions to such Product, the title and rights to such contributions only, are owned by our licensors. All rights not expressly granted are reserved by Milestone.
General Terms of Use. In addition to this License Agreement, YOUR RIGHT TO USE THE PRODUCT IS GOVERNED BY THE MILESTONE END-USER LICENSE AGREEMENT APPLICABLE TO THE MILESTONE XPROTECT VMS PRODUCT WITH WHICH THE PRODUCT IS USED (THE “MILESTONE EULA FOR XPROTECT”). YOUR USE OF THE PRODUCT IS THEREFORE SUBJECT TO BOTH THIS LICENSE AGREEMENT AND THE MILESTONE EULA FOR XPROTECT. ANY MATTERS RELATING TO THE LICENSING AND USE OF THE PRODUCT THAT ARE NOT EXPRESSLY GOVERNED BY THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE APPLICABLE MILESTONE EULA FOR XPROTECT. The terms of the Milestone EULA for XProtect apply to Your use of the Product in addition to the terms set out herein, including, without limitation, the provisions relating to infringement of third-party rights, correction of errors, disclaimers of warranties, prohibited use, and limitation of liability. This License Agreement and the Milestone EULA for XProtect together constitute the entire agreement governing Your use of the Product.
Third-party Licenses. The Products include rights for you to use certain third-party software as set out in the documentation for the specific Product. You may use and integrate the Products with other third-party software, and it is your responsibility when installing to investigate and obtain usage rights to any such third-party software for your purpose.
Export control. The scope of your rights and the license granted under this EULA shall be subject to any applicable sanctions, export control regulations or other trade restrictive measures imposed by the United Nations, the United States of America, the United Kingdom, Denmark and/or the European Union, and any other applicable country. You shall not use the Product nor exercise any license rights granted hereunder if such use is prohibited by, or subject to any applicable sanctions, export control regulations, or other trade restrictive measures. Without limiting the foregoing, you represent that you are not named on any U.S., EU, or any other applicable government list of persons or entities prohibited from receiving exports. You shall not permit your employees and consultants to use the Product in violation of any EU, UK, and/or U.S. export embargo, prohibition, or restriction. Furthermore, you represent and warrant that you will make sure that all your employees and consultants using the Product are prohibited from residing in, or operating from, any country that is sanctioned by either the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or the United Nations Security Council.
Milestone shall not be obliged to license and provide the Product if it would be prohibited pursuant to applicable sanctions or export control laws or regulations. Milestone shall not be obligated to fulfill this License Agreement if such fulfillment is prevented by any restrictions and impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions.
Termination. Without prejudice to any other rights or remedies available to Milestone, Milestone may terminate this License Agreement if you fail to comply with any of its terms and conditions, or where termination is necessary for Milestone to comply with applicable export control laws, regulations or requirements. You shall not be entitled to any damages, refund, or other compensation in the event of such termination. Upon termination, you must immediately cease all use of the Product, destroy all copies of the Product, and, upon Milestone’s request, certify such destruction in writing.
Entire Agreement. This License Agreement, together with the applicable Milestone EULA for XProtect, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, representations, undertakings and communications, whether written or oral, relating to such subject matter. To the fullest extent permitted by applicable law, no terms, conditions, warranties or other provisions shall be implied into this License Agreement except as expressly provided herein or in the applicable Milestone EULA for XProtect.
Governing Law and Jurisdiction. This License Agreement constitutes the agreement between you and Milestone Systems A/S governing Your use of the Product. This License Agreement shall be governed by and construed in accordance with the laws of Denmark. Any dispute arising out of or in connection with this License Agreement shall be subject to the exclusive jurisdiction of the City Court of Copenhagen, Denmark.
Installation and Use – for the XProtect Arcules Connector product the following additional specific terms apply:
Milestone hereby grants you the right to install and use the Product with the following conditions and restrictions:
The Product may only be used with a lawfully obtained and licensed Milestone XProtect VMS version 2023 R3 or later, subject to the following requirements:
a. For versions prior to 2025 R1: the Product may only be used with Milestone XProtect Corporate and requires duly obtained and activated Milestone Interconnect camera licenses covering all Arcules-managed devices added to the XProtect system.
b. For version 2025 R1 and later: the Product may be used with Milestone XProtect Corporate, Milestone XProtect Expert, and Milestone XProtect Professional+, and no Milestone Interconnect camera licenses are required.
The Product may also be used with approved OEM versions of XProtect VMS, provided that the Product supports such OEM version.
The Product may be operated from an unrestricted number of XProtect Management Clients and XProtect Smart Clients connected to the XProtect VMS system.
The Product is delivered as a single installer comprising two Milestone Integration Platform (MIP) components, the MIP Plugin and the MIP Driver. The installer detects the role of each computer and installs the components required for that role: (i) the MIP Plugin provides the configuration experience in the XProtect Management Client and supports alarm synchronization, is required on every workstation where the XProtect Management Client is used and on the server running the XProtect Event Server, and may be installed on an unrestricted number of such computers, and (ii) the MIP Driver brings live and recorded video from the Arcules cloud service into XProtect, is required on the XProtect Recording Servers used to add Arcules managed devices to the XProtect system, and may be installed on an unrestricted number of such computers. Arcules managed devices are the cameras and other devices that are administered in, and streamed from, the Arcules cloud service.
The Product is not a standalone product. Its use requires (i) an operational XProtect VMS system, with the Management Server, the Event Server and the Recording Servers used to add Arcules managed devices all running, (ii) outbound network connectivity from those servers to the Arcules cloud service, and (iii) a valid and active subscription to, and account with, the Arcules cloud service, with the Arcules managed devices configured and available in it. The Arcules cloud service is provided under the separate terms of use applicable to that service. Those terms, and not this EULA, govern your use of the Arcules cloud service.
You acknowledge and accept that, in order to provide its functionality, the Product sends data to, and receives data from, the Arcules cloud service: (i) from your XProtect VMS system to the Arcules cloud service, the credentials of the Arcules API user entered by you in the XProtect VMS system, being an email address and a password, PTZ commands, preset instructions and digital output commands, and the requests necessary to retrieve configuration, video, device state and alarm data, where the credentials are stored in the XProtect VMS system and used to authenticate to the Arcules cloud service, (ii) from the Arcules cloud service to your XProtect VMS system, organization, site and location information, the inventory and device information of the Arcules managed devices, live and recorded video, PTZ presets, and digital input states, and (iii) alarm and event information, which is exchanged between your XProtect VMS system and the Arcules cloud service. Data made available to your XProtect VMS system under (ii) and (iii) is copied or streamed for use in XProtect VMS and is not removed from the Arcules cloud service. Live and recorded video from the Arcules managed devices is streamed in one direction only, from the Arcules cloud service to XProtect VMS, for presentation to the operator. Video retrieved in this way is not removed from the Arcules cloud service and remains stored in and available from that service. The Product does not require video from the Arcules managed devices to be stored in the XProtect VMS system in order to function. Whether such video is stored in the XProtect VMS system is determined by your configuration of the XProtect VMS product, including its recording settings and rules, and any such storage, and the compliance of that storage with applicable law, is your responsibility.
The functionality of the Product depends on the Arcules cloud service and on the network connectivity between your XProtect servers and that service. In addition to the limitations in Milestone's liability defined in the Milestone EULA for XProtect, Milestone accepts no liability arising out of the use of, or inability to use, the Product caused, directly or indirectly, by (i) the Arcules cloud service, including the third-party cloud infrastructure on which it is provided, (ii) any third-party network or service component used to provide the connection, (iii) errors in any third-party product that the Product is used together with, or (iv) use with a version of the Arcules cloud service, or a version of a third-party product, that the Product has not been designed and validated for.
The use of the Product is further restricted by the Milestone EULA for XProtect product applied in your XProtect VMS installation.