g.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service
marks of Tyco, its affiliates or its suppliers.
h.
Rental. You may not sublicense, rent, lease or lend the Software. You may not make it available to
others or post it on a server or web site or otherwise distribute it.
i.
Software Keys. The hardware/software key, where applicable, is your proof of license to exercise the
rights granted herein and must be retained by you. Lost or stolen keys will not be replaced.
j.
Demonstration and Evaluation Copies. A demonstration or evaluation copy of the Software is covered
by this EULA; provided that the licenses contained herein shall expire at the end of the demonstration
or evaluation period.
k.
Registration of Software. The Software may require registration with Tyco prior to use. If you do not
register the Software, this EULA is automatically terminated and you may not use the Software.
l.
Additional Restrictions. The Software may be subject to additional restrictions and conditions on use
as specified in the documentation accompanying such Software, which additional restrictions and
conditions are hereby incorporated into and made a part of this EULA.
m.
Upgrades and Updates. To the extent Tyco makes them available, Software upgrades and updates
may only be used to replace all or part of the original Software that you are licensed to use. Software
upgrades and updates do not increase the number of copies licensed to you. If the Software is an
upgrade of a component of a package of Software programs that you licensed as a single product,
the Software may be used and transferred only as part of that single product package and may not
be separated for use on more than one computer or System. Software upgrades and updates
downloaded free of charge via a Tyco authorized World Wide Web or FTP site may be used to
upgrade multiple Systems provided that you are licensed to use the original Software on those
Systems.
n.
Tools and Utilities. Software distributed via a Tyco-authorized World Wide Web or FTP site (or similar
Tyco-authorized distribution means) as a tool or utility may be copied and installed without limitation
provided that the Software is not distributed or sold and the Software is only used for the intended
purpose of the tool or utility and in conjunction with Tyco products. All other terms and conditions of
this EULA continue to apply.
4.
EXPORT RESTRICTIONS. You agree that you will not export, re-export or transfer any portion of the
Software, or any direct product thereof (the foregoing collectively referred to as the "Restricted
Components"), to IRAN, NORTH KOREA, SYRIA, CUBA and SUDAN, including any entities or persons in
those countries, either directly or indirectly (“Tyco’s Position”). You also agree that you will not export, re
-
export or transfer the Restricted Components to any other countries except in full compliance with all
applicable governmental requirements, including but not limited to applicable economic sanctions and
constraints administered by any Israeli governmental authority, including, but not limited to the Israeli
Ministry of Defense, by any applicable treaty, applicable export control measures administered by Israel ,
U.S. Treasury Department and applicable export control measures administered by the U.S. Department of
Commerce and U.S. Department of State, any other U.S. government agencies, and measures
administered by the European Union or the government agencies of any other countries. Any violation by
you of the applicable laws or regulations of the U.S. or any o
ther government, or where you breach Tyco’s
Position notwithstanding whether or not this is contrary to any aforementioned applicable laws or
regulations, will result in automatic termination of this EULA.
5.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software 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
Visonic Ltd., 24 Habarzel St., Tel-Aviv, Israel 69710.
6.
LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES.
a.
LIMITATION OF LIABILITY. IN NO EVENT WILL TYCO’S AGGREGATE LIABILITY (INCLUDING,
BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF
CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING
FROM OR RELATED TO THIS EULA, OR THE USE OF THE SOFTWARE, EXCEED THE AMOUNT
OF FEES YOU PAID TO TYCO OR ITS RESELLER FOR THE SOFTWARE THAT GIVES RISE TO
SUCH LIABILITY. BECAUSE AND TO THE EXTENT THAT SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, THESE MAY NOT APPLY
TO YOU.
b.
EXCLUSION OF OTHER DAMAGES. UNDER NO CIRCUMSTANCES SHALL TYCO OR ANY OF
ITS RESELLERS OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING: (I) THIRD PARTY
CLAIMS; (II) LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, OR LIABILITIES
RELATED TO A VIOLATION OF AN INDIVIDUAL'S PRIVACY RIGHTS; OR (III) INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
DATA OR BUSINESS INFORMATION AND LOST SAVINGS), IN EACH CASE EVEN IF TYCO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE
AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT
FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE
LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE
LIMITATIONS MAY APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY THOSE LAWS.
GENERAL. If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, then that provision
shall be severed from this EULA and shall not affect the validity and enforceability of the remaining provisions. You should
retain proof of the license fee paid, including model number, serial number and date of payment, and present such proof of
payment when seeking service or assistance covered by the warranty set forth in this EULA. This EULA is governed by the
laws of Israel, without giving effect to any choice or conflict of law provision or rule that would cause the application of the
laws of any jurisdiction other than Israel. Each of the Parties submits to the exclusive jurisdiction of any court sitting in Tel
Aviv, Israel for purposes of resolving any and all disputes arising under or related to these terms and conditions. The
parties specifically exclude the application of the provisions of the United Nations Convention on Contracts for the
International Sale of Goods. To read this End-User License Agreement in other languages, please go to