4
Réparations en dehors de la Garantie
Digital Security Controls réparera à son choix ou remplacera en dehors
de la garantie les produits renvoyés à son usine dans les conditions sui-
vantes. Quiconque retourne des produits à Digital Security Controls doit
d’abord obtenir un numéro d’autorisation. Digital Security Controls
n’acceptera aucun envoi quel qu’il soit, pour lequel une autorisation préa-
lable n’aura pas été obtenue.
Les produits que Digital Security Controls juge être réparables seront
réparés et renvoyés. Les frais prédéterminés par Digital Security
Controls, et sujets à un rajustement périodique, seront facturés pour cha-
que unité réparée.
Les produits que Digital Security Controls juge ne pas être réparables
seront remplacés par le produit équivalent le plus proche disponible à ce
moment. Le prix du marché en cours du produit de remplacement sera
facturé pour chaque unité de remplacement
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 legal agreement between
You
(the company, individual or entity who acquired the SOFTWARE and
any related HARDWARE) and
Digital Security Controls (DSC),
a divi-
sion of Tyco Safety Products Canada Ltd., the manufacturer of the inte-
grated 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 accompa-
nied by new HARDWARE, You may not use, copy or install the SOFT-
WARE 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 separate EULA 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.
C.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold,
under the following terms:.
1. GRANT OF LICENSE This EULA grants You the following rights:
(a)
Software Installation and Use
- For each license You acquire, You
may have only one copy of the SOFTWARE PRODUCT installed.
(b)
Storage/Network Use
- The SOFTWARE PRODUCT may not be
installed, accessed, displayed, run, shared or used concurrently on or
from different computers, including a workstation, terminal or other
digital electronic device (‘Device’). In other words, if You have several
workstations, You will have to acquire a license for each workstation
where the SOFTWARE will be used.
(c)
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 archival
purposes. Except as expressly provided in this EULA, You may not
otherwise make copies of the SOFTWARE PRODUCT, including the
printed materials accompanying the SOFTWARE.
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a)
Limitations on Reverse Engineering, Decompilation and
Disassembly
- You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding 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 from the Software Product. You shall institute reasonable
measures to ensure compliance with the terms and conditions of this
EULA.
(b)
Separation of Components
- The SOFTWARE PRODUCT is
licensed as a single product. Its component parts may not be
separated for use on more than one HARDWARE unit.
(c)
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.
(d)
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.
(e)
Software Product Transfer
- You may transfer all of Your rights
under this EULA only as part of a permanent sale or transfer of the
HARDWARE, provided You retain no copies, You transfer all of the
SOFTWARE PRODUCT (including all component 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 all prior
versions of the SOFTWARE PRODUCT.
(f)
Termination
- Without prejudice to any other rights, DSC may
terminate this EULA if You fail to comply with the terms and
conditions of this EULA. In such event, You must destroy all copies of
the SOFTWARE PRODUCT and all of its component parts.
(g)
Trademarks
- This EULA does not grant You any rights in connection
with any trademarks or service marks of DSC or its suppliers.
3.
COPYRIGHT
- All title and intellectual property 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. All title and intellectual property 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 intellectual property laws
and treaties. This EULA grants You no rights to use such content. All
rights not expressly granted under this EULA are reserved by DSC
and its suppliers.
4.
EXPORT RESTRICTIONS
- You agree that You will not export or
reexport the SOFTWARE PRODUCT to any country, person, or entity
subject to Canadian export restrictions.
5.
CHOICE OF LAW
- This Software License Agreement is governed by
the laws of the Province of Ontario, Canada.
6.
ARBITRATION
- All disputes arising in connection with this
Agreement shall be determined by final and binding arbitration in
accordance with the Arbitration Act, and the parties agree to be
bound by the arbitrator’s decision. The place of arbitration shall be
Toronto, Canada, and the language of the arbitration shall be English.
7. LIMITED WARRANTY
(a)
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.
(b)
CHANGES IN OPERATING ENVIRONMENT -
DSC shall not be
responsible for problems caused by changes in the operating
characteristics of the hardware, or for problems in the interaction of
the SOFTWARE with non DSC software or hardware products.
(c)
LIMITATION OF LIABILITY; WARRANTY REFLECTS
ALLOCATION OF RISK
-In any event, if any statute implies
warranties or conditions not stated in this license agreement, 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 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.
(d)
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.
(e)
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 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.
WARNING: DSC
RECOMMENDS
THAT
THE
ENTIRE
SYSTEM
BE
COMPLETELY
TESTED
ON
A
REGULAR
BASIS
. H
OWEVER
,
DESPITE
FREQUENT
TESTING
,
AND
DUE
TO
,
BUT
NOT
LIMITED
TO
,
CRIMI
-
NAL
TAMPERING
OR
ELECTRICAL
DISRUPTION
,
IT
IS
POSSIBLE
FOR
THIS
S
OFTWARE
P
RODUCT
TO
FAIL
TO
PERFORM
AS
EXPECTED
.
