immediately destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
e.
Subsequent EULA. Tyco may also supersede this EULA
with a subsequent EULA pursuant to providing you with
any future component, release, upgrade, or other
modification or addition to the SOFTWARE PRODUCT.
Similarly, to the extent that the terms of this EULA conflict
with any prior EULA or other agreement between you and
Tyco regarding the SOFTWARE PRODUCT, the terms of
this EULA shall prevail.
f.
Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of Tyco,
its affiliates, or its suppliers.
g.
Rental. You may not rent, lease or lend the SOFTWARE
PRODUCT. You may not make it available to others or post
it on a server or web site.
4.
EXPORT RESTRICTIONS.
You agree that you will not export or re-export any portion of
the SOFTWARE PRODUCT, or any direct product thereof (the
foregoing collectively referred to as the "Restricted
Components"), to any country, person or entity subject to U.S.
export restrictions. You specifically agree not to export or re-
export any of the Restricted Components (i) to any country to
which the U.S. has embargoed or restricted the export of goods
or services, which currently include, but are not necessarily
limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and
Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the Restricted Components
back to such country; (ii) to any person or entity who you know
or have reason to know will utilize the Restricted Components in
the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government. You warrant and
represent that neither the U.S. Commerce Department, Bureau
of Export Administration nor any other U.S. federal agency has
suspended, revoked or denied your export privileges.
5.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT is Commercial Computer
Software provided with "restricted rights" under Federal
Acquisition Regulations and agency supplements to them. Any
use, duplication or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFAR
255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a)
through (d) of the Commercial Computer Software Restricted
Rights at FAR 52.227-19, as applicable, or similar clauses in the
NASA FAR Supplement. Contractor/manufacturer is
Sensormatic Electronics Corporation, One Town Center Road,
Boca Raton, FL 33486.
6.
CHOICE OF LAW.
This Software License Agreement is governed by the laws of the
State of Florida and the parties hereby irrevocably agree that
they submit themselves to the personal jurisdiction of the state
and federal courts of Florida for purposes of resolving any and
all disputes arising under or related to these terms and
conditions.
7.
LIMITED WARRANTY.
a.
"AS IS" WARRANTY. TYCO PROVIDES THE
SOFTWARE "AS IS" WITHOUT WARRANTY,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, LACK OF VIRUSES,
AND LACK OF NEGLIGENCE OR LACK OF
WORKMANLIKE EFFORT. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, OR NONINFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE SOFTWARE PRODUCT IS WITH YOU. TYCO
DOES NOT WARRANT THAT THE OPERATION OF
THE SOFTWARE PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE. TYCO DOES
NOT WARRANT THAT THE SOFTWARE PRODUCT
WILL MEET YOUR REQUIREMENTS OR THAT
OPERATION OF THE SOFTWARE PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE. TYCO SHALL
NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY
CHANGES IN THE OPERATING CHARACTERISTICS
OF THE DEVICE(S) UPON WHICH THE SOFTWARE
PRODUCT IS OPERATING, OR FOR PROBLEMS IN
THE INTERACTION OF THE SOFTWARE PRODUCT
WITH NON-TYCO SOFTWARE OR HARDWARE
PRODUCTS. TYCO NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON PURPORTING TO
ACT ON ITS BEHALF TO MODIFY OR TO CHANGE
THIS WARRANTY, NOR TO ASSUME FOR IT ANY
OTHER WARRANTY OR LIABILITY CONCERNING
THIS SOFTWARE PRODUCT.
b.
LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES SHALL TYCO BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
DIRECT OR INDIRECT DAMAGES BASED UPON
BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT
ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF
THE SOFTWARE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF
SUBSTITUTE OR REPLACEMENT EQUIPMENT,
FACILITIES OR SERVICES, DOWN TIME,
PURCHASERS TIME, THE CLAIMS OF THIRD
PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY. IN ANY EVENT, IF ANY STATUTE
IMPLIES WARRANTIES OR CONDITIONS NOT
STATED IN THIS EULA, TYCO'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU TO LICENSE THE
SOFTWARE PRODUCT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
CPU ACTIVITY LOG CLIENT
8200-0421-09, REV. A
INSTALLATION AND OPERATION GUIDE
10 of 10
