Terms of Use - Enghouse Qumu Cloud Application

These Terms of Use of the Qumu Cloud Application (“Terms”) is a legal agreement between the USER (individual or legal entity) and Enghouse Interactive, for the use of “Application” called Qumu Cloud, hereby made available by ENGHOUSE QUMU. By using the Application, even partially or on a trial basis, the USER shall be bound by this Term, agreeing to its provisions, especially with regard to ACCESS, COLLECTION, USE, STORAGE, PROCESSING AND PROTECTION TECHNIQUES to his/her information by ENGHOUSE QUMU, necessary for the full execution of the functionalities offered by the Application. In the event of any disagreement with the terms set out herein, use of the Application must be immediately discontinued.

These Terms of Use set out the conditions governing the use of the Qumu Cloud application. In order to use the Application, the USER must read, understand and accept these Terms of Use, as well as declare awareness of the terms of ENGHOUSE QUMU’s Privacy Policy, available at: https://www.enghousevideo.com/qumu-resources/qumu-privacy-policy

By using the information, tools, resources and functionalities of the  App, the USER declares to be aware of and in agreement with these Terms of Use, expressly authorizing ENGHOUSE QUMU to collect, use, store and process the data obtained through the use of the App as necessary for the proper functioning of the App, including monitoring, remote access, usage history and profile, among others. Anonymized data may also be used for analyses of the security, quality and functionality of the application. ENGHOUSE QUMU shall not be held liable for the improper use and disclosure of this data to third parties, such as passwords, addresses, among others, nor shall ENGHOUSE QUMU, nor any of its employees or agents, affiliates, subsidiaries, parent companies, controlled companies and the like, request, by any means, physical or electronic, your access data, and any and all activities carried out with the use of the password shall be the responsibility of the USER. 

ENGHOUSE QUMU, due to suspicion or violation of the legislation in force, as well as the Terms of Use, according to the situation to be defined by it, may, without prejudice to other measures that the law allows it, refuse any USER registration, as well as warn, suspend, temporarily or definitively, and delete the account of a USER.

The USER may not:

– Use the Application to disclose information in any way that may imply a violation of applicable regulations, of ENGHOUSE QUMU’s and/or third parties’ property rights or of good customs, including, without limitation, the violation of intellectual, copyright and privacy rights, or the production and disclosure of illegal, immoral, inappropriate or offensive content;

– Reproduce, copy, assign, modify, reverse engineer, compile, decompile, transmit, publish, sublicense, rent, sell, market, distribute, or otherwise use any functionality, Content, Software or material made available through the Application/Website in a manner not permitted in these Terms of Use;

– Employ software, techniques and/or artifices in order to misuse the Application for practices harmful to ENGHOUSE QUMU or third parties, such as exploits, spamming, flooding, spoofing, crashing, root kits, etc;

– Publish or transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the Application;

– Improperly use the Software for a purpose other than that for which it was made available by ENGHOUSE QUMU;

– Improperly disclosing, using or modifying the data of other Users.

The USER does not acquire, by means of these Terms of Use, any intellectual property rights or other exclusive rights, including patents, designs, databases, trademarks, copyrights or rights to confidential information or business secrets, on or relating to the Application, which is the exclusive property of ENGHOUSE QUMU.

In the event that the USER develops a new module or product that constitutes a copy, in whole or in part, of either the data dictionary or the program, it shall be deemed to be part of the Software, and its ownership shall therefore be incorporated by ENGHOUSE QUMU and its use conditioned on these Terms of Use.

These Terms of Use grant the User a personal, worldwide, revocable, non-exclusive and non-transferable license to use the Software. The use of the Software by the USER is personal and non-transferable, solely for lawful purposes related to the purpose for which the Application is intended, in accordance with these Terms of Use. Under no circumstances will the User have access to the source code of the Software licensed hereunder, as it is the property of ENGHOUSE QUMU.

The USER agrees to defend, indemnify and hold harmless ENGHOUSE QUMU and its affiliates, directors, employees and agents, from and against any charges, actions or claims, including but not limited to reasonable attorneys’ fees, resulting from: (i) your possible misuse of the Application; or (ii) your breach of the conditions hereof.

ENGHOUSE QUMU does not warrant that the functions contained in the Application will meet the USER requirements, that the operation of the Application will be uninterrupted or error-free, that any functionality will continue to be available, that defects in the Application will be corrected, or that the Application will be compatible or work with any third party Application, applications or services.

In no event shall ENGHOUSE QUMU be liable for personal injury or any incidental, special, indirect or consequential damages, lost profits, including, without limitation, damages for loss of profit, corruption or loss of data, failure of transmission or reception of data. Should ENGHOUSE QUMU be liable for any damages caused to the USER, directly or indirectly, the USER declares and accepts that this liability is limited to the amount eventually paid by the USER.

ENGHOUSE QUMU may, at its sole discretion, at any time and without prior notice to the USER:

– Terminate, modify or suspend, in whole or in part, the USER’s access to the Application, when said access or registration violates the conditions set forth in these Terms of Use and/or in the Privacy Policy;

– Delete, in whole or in part, the information registered by the USER that is not in line with the provisions of these Terms of Use;

– Add, delete or modify the functionalities and Content offered on Qumu Cloud App and all related components and services.

ENGHOUSE QUMU may also, at its sole discretion, suspend, modify or terminate the activities of the Application, upon prior notice to the USER, except in the event of unforeseeable circumstances or force majeure.

ENGHOUSE QUMU may amend these Terms of Use or the Privacy Policy to, for example, reflect changes in the functionalities offered. If you do not agree with the modifications, we recommend that you request deletion of your Qumu Cloud account and discontinue use of the Application.

If any provision of these Terms of Use or the Privacy Policy is held to be unlawful, void or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the maximum extent possible.

Any failure by ENGHOUSE QUMU to enforce or exercise any provision of these Terms of Use, the Privacy Policy or related rights shall not constitute a waiver of such right or provision.

This TERM does not create any partnership, mandate, franchise or employment relationship between ENGHOUSE QUMU and the USER, its Partners and/or Advertisers.

This TERM constitutes the entire agreement on the conditions of use of the Application. The USER declares to be aware of the rights and obligations arising from this TERM, having read, understood and accepted all the terms and conditions.

Product Overview

Enghouse Qumu Cloud is an enterprise-grade, cloud-based video content management and delivery platform that enables businesses to create, control, deliver, experience, and analyze live and asynchronous video at scale.  

 

Purpose and Intended Use

The Enghouse Qumu solution is designed to create, distribute and manage live and on-demand video. Users may utilize this product and services for the following purposes: 

1. To streamline video content creation, distribution, and management processes
2. To enhance collaboration through secure video sharing with internal and external audiences
3. To automate video workflows and access management
4. To gain insights through advanced analytics and reporting on video usage
5. To improve efficiency in organizing and searching video content using categories and metadata 

Key features of Enghouse Qumu include: 

1. Video Creation and Management: Create, edit, and publish live and on-demand video presentations for secure distribution to internal and external audiences.
2. Live Event Hosting: Host scalable live events, reaching up to tens of thousands of concurrent viewers seamlessly.
3. Centralized Content Management: Store, govern, and share videos from a unified library. Implement workflows, manage access, and organize content using categories and metadata.
4. Enhanced Viewer Experience: Provide engaging experiences across devices and locations through branding capabilities and customization features, including multilingual captions.
5. Advanced Analytics: Track, measure, and analyze usage of live and on-demand video presentations using detailed analytics tools.

By using Enghouse Qumu, Clients can expect to centralize their video content management, enhance viewer engagement through customization and branding, and gain valuable insights from usage analytics. 

 

Intended Users

1. Target audience

Clients of the Enghouse Qumu products and services.

“Client” refers to the legal entity that purchases and manages access to the Enghouse Qumu products and services, as specified in the Order Form.

The Client hereby represents and warrants that it shall only use the Software for its own use and not for rental, leasing, resale, sublicensing, distribution, outsourcing, or offering service bureau services or software as a service purposes.

2. User categories

Administrators, Users, Viewers and Guest Users of the Client.

“Administrators” means those individuals who are employees, agents and independent contractors of the Client and are nominated by the Client as authorized to manage the Client’s account on the Cloud Platform, including, without limitation, to configure administration settings, assign access and User authorizations and request different or additional services.

“Users” means those individuals who have been authorized by the Client to utilize the Services because the Client has issued a User ID, including without limitation individuals who are logged onto the Services via SSO/SAML.

“Viewers” and “Guest Users” means individuals granted limited access by the Client to view content or participate in designated activities within the Cloud Platform, with restricted permissions compared to Administrators or Users.

Service Availability and Platform Support

1. Availability of Services

Enghouse Qumu’s products and services (hereinafter referred to as “Services”) are accessible through multiple devices and platforms, which may include, but are not limited to: 

1. Web applications;
2. Android mobile applications;
3. iOS mobile applications;
4. Application Programming Interface (API) integrations;
5. Integrations with third-party software applications;
6. Integrations with third-party hardware devices;
7. Proprietary hardware components; and
8. Software components or modules licenses that are distributed as Open Virtual Appliance (OVA) files.

2. Platform Support

The availability and functionality of the Services on these devices and platforms are contingent upon the respective software service providers. Enghouse Qumu reserves the right to modify, suspend, or discontinue support for any device or platform at its sole discretion and without prior notice.

3. Service Modifications

Enghouse Qumu may, at any time and without liability, modify the means of accessing the Services, including but not limited to, changing, upgrading, or discontinuing any access method, device support, or third-party integration.

4. Third-Party Dependencies Users acknowledge that access to the Services through certain devices or platforms may be subject to the terms, conditions, and continued support of third-party software or hardware service providers. Enghouse Qumu shall not be held liable for any disruption, modification, or termination of Services resulting from changes implemented by these third-party providers. 

 

If you have any questions about these Terms of Use policies, please contact Enghouse Video at 1–201–343–2992 or e–mail us at info@enghouse.com.