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 manufac-
turer of the integrated security systems and the developer of the soft-
ware and any related products or components (“HARDWARE”) which
You acquired.
• If the DSC software product (“SOFTWARE PRODUCT” or “SOFT-
WARE”) 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 mate-
rials, 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:
(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
re-export 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 PRODUCT
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, 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.
(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
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.
WARNING: DSC recommends that the entire system be completely
tested on a regular basis. However, despite frequent testing, and due to,
but not limited to, criminal tampering or electrical disruption, it is
possible for this SOFTWARE PRODUCT to fail to perform as expected.
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