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D-304961 BW-SHK Istruzioni di installazione / Installation Instructions / Instrukcja instalacji
END-USER LICENSE AGREEMENT
IMPORTANT - READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE OPENING THE
DISK PACKAGE, DOWNLOADING THE SOFTWARE OR INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE.
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND VISONIC LTD. (“TYCO”) AND GOVERNS YOUR
USE OF THE SOFTWARE ACCOMPANYING THIS EULA, WHICH SOFTWARE INCLUDES COMPUTER
SOFTWARE AND MAY INCLUDE MEDIA, PRINTED MATERIALS, AND "ON-LINE" OR ELECTRONIC
DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"). BY BREAKING THE SEAL ON THIS PACKAGE,
DOWNLOADING THE SOFTWARE OR INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS OF THIS EULA, DO NOT OPEN, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE
SOFTWARE.
1.
SCOPE OF LICENSE
. The Software may include computer code, program files and any
associated media, hardware or software keys, printed material and electronic documentation. The Software may be
provided to you pre-installed on a storage device (the media) as part of a computer system or other hardware or
device (“System”). The Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. All title and intellectual property rights in and to the Software (including but
not limited to any images, photographs, and text incorporated into the Software), the accompanying printed
materials, and any copies of the Software, are owned by Tyco and/or its suppliers. The Software is licensed, not
sold. All rights not expressly granted under this EULA are reserved by Tyco and its suppliers.
2.
GRANT OF LICENSE.
This EULA grants you the following rights on a non-exclusive basis:
a.
General.
This EULA permits you to use the Software for which you have purchased this EULA.
Once you have purchased licenses for the number of copies of the Software that you require, you
may use the Software and accompanying material provided that you install and use no more than
the licensed number of copies at one time. The Software is only licensed for use with specified
Licensor-supplied Systems. If the Software is protected by a software or hardware key or other
device, the Software may be used on any computer on which the key is installed. If the key locks
the Software to a particular System, the Software may only be used on that System.
b.
Locally Stored Components.
The Software may include a software code component that may be
stored and operated locally on one or more devices. Once you have paid the required license fees
for these devices (as determined by Tyco in its sole discretion), you may install and/or use one copy
of such component of the Software on each of the devices as licensed by Tyco. You may then use,
access, display, run or otherwise interact with ("use") such component of the Software in
connection with operating the device on which it is installed solely in the manner set forth in any
accompanying documentation or, in the absence of such, solely in the manner contemplated by the
nature of the Software.
c.
Remotely Stored Components.
The Software may also include a software code component for
operating one or more devices remotely. You may install and/or use one copy of such component
of the Software on a remote storage device on an internal network with all of the devices and may
operate such component with each device over the internal network solely in the manner set forth in
any accompanying documentation or, in the absence of such, solely in the manner contemplated by
the nature of the Software; provided however, you must still acquire the required number of licenses
for each of the devices with which such component is to be operated.
d.
Embedded Software/Firmware.
The Software may also include a software code component that
is resident in a device as provided by Tyco for operating that device. You may use such component
of the Software solely in connection with the use of that device, but may not retrieve, copy or
otherwise transfer that software component to any other media or device without Tyco's express
prior written authorization.
e.
Backup Copy.
You may make a back-up copy of the Software (other than embedded software)
solely for archival purposes, which copy may only be used to replace a component of the Software
for which you have current valid license. Except as expressly provided in this EULA, you may not
otherwise make copies of the Software, including the printed materials.
2.
OTHER RIGHTS AND LIMITATIONS.
Your use of the Software is subject to the following
additional limitations. Failure to comply with any of these restrictions will result in automatic
termination of this EULA and will make available to Tyco other legal remedies.
a.
Limitations on Reverse Engineering and Derivative Works.
You may not reverse engineer,
decompile, or disassemble the Software, and any attempt to do so shall immediately terminate this
EULA - except and only to the extent that such activity may be expressly permitted by applicable
law notwithstanding this limitation. You may not make any changes or modifications to any portion
of the Software, or create any derivative works, without the written permission of an officer of Tyco
(except as provided in Section 3(f) of this EULA with respect to “open source” software). You may
not remove any proprietary notices, marks or labels from the Software. You shall institute
reasonable measures to ensure compliance with the terms and conditions of this EULA by your
personnel and agents.
b.
Copyright Notices.
You must maintain all copyright notices on all copies of the Software.
c.
Transfer
. You may only transfer your rights under this EULA (i) as part of a permanent sale or
transfer of all of the devices for which the Software is licensed as applicable; (ii) if you transfer all of
the Software (including all component parts, the media and printed materials, any upgrades and this
EULA); (iii) if you do not retain any copies of any portion of the Software; (iv) if the recipient agrees
to the terms of this EULA; and (v) if the Software is an upgrade, such transfer must also include all
prior versions of the Software. You agree that failure to meet all of these conditions renders such
transfer null and void.
d.
Termination.
Without prejudice to any other rights, Tyco may terminate this EULA if you fail to
comply with the terms and conditions herein. In such event, you must immediately destroy all
copies of the Software and all of its component parts. To the extent the Software is embedded in
hardware or firmware, you will provide prompt access to Tyco or its representative to remove or
lock Software features or functionality as Tyco determines.
e.
Subsequent EULA.
Tyco may also supersede this EULA with a subsequent EULA pursuant to
providing you with any future component, release, upgrade or other modification or addition to the
Software. Similarly, to the extent that the terms of this EULA conflict with any prior EULA or other
agreement between you and Tyco regarding the Software, the terms of this EULA shall prevail.
f.
Incorporation of “Open Source” and other Third Party Software.
Portions of the Software may
be subject to certain third party license agreements governing the use, copying, modification,
redistribution and warranty of those portions of the Software, including what is commonly known as
“open source” software. A copy of each applicable third party license can be found in the file
README.TXT or other documentation accompanying the Software. Such open source software is
not subject to any warranty and indemnity set forth in this EULA. By using the Software you are
also agreeing to be bound to the terms of such third party licenses. If provided for in the applicable
third party license, you have a right to receive source code for such software for use and distribution
in any program that you create, so long as you in turn agree to be bound to the terms of the
applicable third party license, and your programs are distributed under the terms of that license. A
copy of such source code may be obtained free of charge by contacting your Tyco representative.
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 other 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.
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BW-SHK Istruzioni di installazione / Installation Instructions / Instrukcja instalacji D-304961 Rev 4 (07/21)
© 2021 Johnson Controls. Tutti i diritti riservati. JOHNSON CONTROLS, TYCO e BENTEL SECURITY sono marchi e/o marchi
registrati. L'uso non autorizzato è severamente proibito.
© 2021 Johnson Controls. All rights reserved. JOHNSON CONTROLS, TYCO and BENTEL SECURITY are trademarks of
Jonson Controls.
© 2021 Johnson Controls. Wszelkie prawa zastrzeżone. JOHNSON CONTROLS, TYCO i BENTEL SECURITY są znakami towarowymi firmy
Johnson Controls.
