36
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 legal agreement between You (the company, individual or entity who acquired the Software and any
related Hardware) and Digital Security Controls, a division of Tyco Safety Products Canada Ltd. (“DSC”), the manufacturer 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 install the 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 separate 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 international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. 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 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.
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
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.
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.
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 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.
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.
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.
EXPORT RESTRICTIONS - You agree that You will not 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 - 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.
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.