Chapter 13.0 EULA
HARDWARE, provided You retain no copies,
You transfer all of the SOFTWARE PRODUCT
(including all component 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, 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
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