Johnson Controls PG8932, Installation And Operating Instructions Manual

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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 OaF 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.
To read this End-User License Agreement in other languages, please go to www.DSC.com.