EULA
IMPORTANT - READ CAREFULLY: DSC Software purchased with or without Products and Components is copyrighted
and is purchased under the following license terms:
This End-User License Agreement (“EULA”) is a legalagreement between You (the company, individualor entity who acquired the
Software and any related Hardware) and DigitalSecurity Controls, a division of Tyco Safety Products Canada Ltd. (“DSC”), the man-
ufacturer of the integrated security systems and the developer of the software and any related products or components
(“HARDWARE”) which You acquired. If the DSC software product (“SOFTWARE PRODUCT” or “SOFTWARE”) is intended to be
accompanied by HARDWARE, and is NOT accompanied by new HARDWARE, You may not use, copy or installthe SOFTWARE
PRODUCT. The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and
“online” or electronic documentation. Any software provided along with the SOFTWARE PRODUCT that is associated with a sep-
arate end-user license agreement is licensed to You under the terms of that license agreement. By installing, copying, downloading,
storing, accessing or otherwise using the SOFTWARE PRODUCT, You agree unconditionally to be bound by the terms of this
EULA, even if this EULA is deemed to be a modification of any previous arrangement or contract. If You do not agree to the terms of
this EULA, DSC is unwilling to license the SOFTWARE PRODUCT to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and internationalcopyright treaties, as wellas other intellectualproperty
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use -
For each license You acquire, You may have only one copy of the SOFTWARE PRODUCT
installed.
Storage/Network Use -
The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently
on or fromdifferent computers, including a workstation, terminalor other digitalelectronic device (“Device”). In other words, if You
have severalworkstations, You willhave to acquire a license for each workstation where the SOFTWARE willbe used.
Backup Copy -
You may make back-up copies of the SOFTWARE PRODUCT, but You may only have one copy per license
installed at any given time. You may use the back-up copy solely for archivalpurposes. Except as expressly provided in this EULA,
You may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disassembly -
You may not reverse engineer, decompile, or dis-
assemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not-
withstanding this limitation. You may not make any changes or modifications to the Software, without the written permission of an
officer of DSC. You may not remove any proprietary notices, marks or labels fromthe Software Product. You shallinstitute reas-
onable measures to ensure compliance with the terms and conditions of this EULA.
Separation of Components -
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be sep-
arated for use on more than one HARDWARE unit.
Single INTEGRATED PRODUCT -
If You acquired this SOFTWARE with HARDWARE, then the SOFTWARE PRODUCT is
licensed with the HARDWARE as a single integrated product. In this case, the SOFTWARE PRODUCT may only be used with the
HARDWARE as set forth in this EULA.
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.
Software Product Transfer -
You may transfer allof Your rights under this EULA only as part of a permanent sale or transfer of the
HARDWARE, provided You retain no copies, You transfer allof the SOFTWARE PRODUCT (including allcomponent parts, the
media and printed materials, any upgrades and this EULA), and provided the recipient agrees to the terms of this EULA. If the
SOFTWARE PRODUCT is an upgrade, any transfer must also include allprior versions of the SOFTWARE PRODUCT.
Termination -
Without prejudice to any other rights, DSC may terminate this EULA if You failto comply with the terms and conditions
of this EULA. In such event, You must destroy allcopies of the SOFTWARE PRODUCT and allof its component parts.
Trademarks -
This EULA does not grant You any rights in connection with any trademarks or service marks of DSC or its suppliers.
COPYRIGHT -
Alltitle and intellectualproperty rights in and to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT, are owned by DSC or its suppliers. You may not copy the printed materials accompanying the SOFTWARE
PRODUCT. Alltitle and intellectualproperty rights in and to the content which may be accessed through use of the SOFTWARE
PRODUCT are the property of the respective content owner and may be protected by applicable copyright or other intellectualprop-
erty laws and treaties. This EULA grants You no rights to use such content. Allrights not expressly granted under this EULA are
reserved by DSC and its suppliers.
EXPORT RESTRICTIONS
- You agree that You willnot export or re-export the SOFTWARE PRODUCT to any country, person, or
entity subject to Canadian export restrictions.
CHOICE OF LAW
- This Software License Agreement is governed by the laws of the Province of Ontario, Canada.
ARBITRATION
- Alldisputes arising in connection with this Agreement shallbe determined by finaland binding arbitration in accord-
ance with the Arbitration Act, and the parties agree to be bound by the arbitrator’s decision. The place of arbitration shallbe
Toronto, Canada, and the language of the arbitration shallbe English.
LIMITED WARRANTY
NO WARRANTY -
DSC PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY. DSC DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE.
CHANGES IN OPERATING ENVIRONMENT -
DSC shallnot be responsible for problems caused by changes in the operating
characteristics of the HARDWARE, or for problems in the interaction of the SOFTWARE PRODUCT with non-DSC-SOFTWARE or
HARDWARE PRODUCTS.
LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF RISK -
IN ANY EVENT, IF ANY STATUTE IMPLIES
WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT, DSC’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU
TO LICENSE THE SOFTWARE PRODUCT AND FIVE CANADIAN DOLLARS (CAD$5.00). 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.
DISCLAIMER OF WARRANTIES -
THIS WARRANTY CONTAINS THE ENTIRE WARRANTY AND SHALL BE IN LIEU OF ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE
PART OF DSC. DSC MAKES NO OTHER WARRANTIES. DSC 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.
EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY -
UNDER NO CIRCUMSTANCES SHALL DSC BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL 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.
DSC recommends that the entire system be completely tested on a regular basis. However, despite frequent testing, and due to,
but not limited to, criminaltampering or electricaldisruption, it is possible for this SOFTWARE PRODUCT to failto perform as expec-
ted.