iv
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 lim-
ited to applicable economic sanctions and constraints administered by the 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 adminis-
tered 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 Sensormatic Electronics, LLC, 6 Technology Park Drive, Westford, MA 01886.
6
LIMITED WARRANTY.
a Warranty. Tyco warrants that the recording medium on which the Software is recorded, hardware key, and the documentation provided with it, will be free of
defects in materials and workmanship under normal use for a period of three (3) years from the date of delivery to the first user. Tyco further warrants that for
the same period, the Software provided on the recording medium under this license will substantially perform as described in the user documentation provided
with the product when used with specified hardware. THE FOREGOING EXPRESS WARRANTY REPLACES AND IS IN LIEU OF ALL OTHER WARRANTIES OR CONDI-
TIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM,
TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. TYCO MAKES NO WARRANTY THAT ANY PORTION OF THE
SOFTWARE WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER. TYCO SHALL NOT BE RESPONSIBLE FOR PROB-
LEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE IS OPERATING, OR FOR PROBLEMS IN THE
INTERACTION OF THE SOFTWARE WITH NON-TYCO SOFTWARE OR HARDWARE PRODUCTS. TYCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PUR-
PORTING 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. THE WARRANTY MADE BY TYCO MAY BE VOIDED BY ABUSE OR MISUSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHER RIGHTS UNDER MANDATORY LAW THAT VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
b Exclusive Remedy. Tyco's entire liability and your exclusive remedy under the warranty set forth in this Section 6 will be, at Tyco's option, to (i) attempt to correct
Software errors with efforts Tyco believes suitable to the problem, (ii) replace at no cost the recording medium, Software or documentation with functional
equivalents as applicable, or (iii) refund a pro-rated portion of the license fee paid for such Software (less depreciation based on a five-year life expectancy) and
terminate this EULA, provided, in each case, that Tyco is notified in writing of all warranty problems during the applicable warranty period. Any replacement item
will be warranted for the remainder of the original warranty period. No remedy is provided for failure of the Software if such failure is the result of accident,
abuse, alteration or misapplication with respect to the Software or any hardware on which it is loaded. Warranty service or assistance is provided at the original
point of purchase.
7
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 SOFT-
WARE, EXCEED THE GREATER OF USD$5.00 OR THE AMOUNT OF FEES YOU PAID TO TYCO OR ITS RESELLER FOR THE SOFTWARE THAT GIVES RISE TO SUCH LIABIL-
ITY. 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 LOST PROFITS 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.
8
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, includ-
ing 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 the State of New York, without regards to its conflicts of law principles.
The parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state and federal courts of New York for
purposes of resolving any and all disputes arising under or related to these terms and conditions. The parties specifically exclude the applica-
tion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
9
ADDITIONAL NOTICES.
a PORTIONS OF THIS PRODUCT ARE LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A
CONSUMER FOR (I) ENCODING VIDEO IN COMPLIANCE WITH THE MEPG-4 VISUAL STANTARD (“MPEG-4 VIDEO”) AND/OR (II) DECODING MEPG-4 VIDEO THAT
WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY
MEPG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHE RUSE. ADDITOINAL INFORMATION INCLUDING THAT
RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LCICENSING MAY BE OBTAINED FROM MPEG LA, LLA. SEE HTTP://WWW.MPEGLA.COM.
b PORTIONS OF THIS PRODUCT ARE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH
IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT
WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO
LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://
WWW.MPEGLA.COM.
