
(e) Software Product Transfer - You may transfer all of Your rights under this EULA only as part of a permanent sale or trans-
fer of the HARDWARE, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all com-
ponent 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, pho-
tographs, 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 Cana-
dian 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 installation manual 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 oper-
ating 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
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