(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.
Summary of Contents for PG8932
Page 29: ...Rev 0 10 21 ...
