EULA
IMPORTANT - READ CAREFULLY: DSC Software purchased with or without Products and Components is
copyrighted and is purchased under the following license terms:
This End-User License Agreement (“EULA”) is a legal agreement between You (the company, individual or
entity who acquired the Software and any related Hardware) and Digital Security Controls, a division of Tyco
Safety Products Canada Ltd. (“DSC”), the manufacturer of the integrated security systems and the developer
of the software and any related products or components (“HARDWARE”) which You acquired.
If the DSC software product (“SOFTWARE PRODUCT” or “SOFTWARE”) is intended to be accompanied
by HARDWARE, and is NOT accompanied by new HARDWARE, You may not use, copy or install the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes computer software, and may include asso-
ciated media, printed materials, and “online” or electronic documentation.
Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user
license agreement is licensed to You under the terms of that license agreement.
By installing, copying, downloading, storing, accessing or otherwise using the SOFTWARE PRODUCT, You
agree unconditionally to be bound by the terms of this EULA, even if this EULA is deemed to be a modi-
fication of any previous arrangement or contract. If You do not agree to the terms of this EULA, DSC is
unwilling to license the SOFTWARE PRODUCT to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use -
For each license You acquire, You may have only one copy of the
SOFTWARE PRODUCT installed.
Storage/Network Use -
The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared
or used concurrently on or from different computers, including a workstation, terminal or other digital elec-
tronic device (“Device”). In other words, if You have several workstations, You will have to acquire a
license for each workstation where the SOFTWARE will be used.
Backup Copy -
You may make back-up copies of the SOFTWARE PRODUCT, but You may only have one
copy per license installed at any given time. You may use the back-up copy solely for archival purposes.
Except as expressly provided in this EULA, You may not otherwise make copies of the SOFTWARE
PRODUCT, including the printed materials accompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disassembly -
You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation. You may not make any changes or modi-
fications to the Software, without the written permission of an officer of DSC. You may not remove any pro-
prietary notices, marks or labels from the Software Product. You shall institute reasonable measures to ensure
compliance with the terms and conditions of this EULA.
Separation of Components -
The SOFTWARE PRODUCT is licensed as a single product. Its component parts
may not be separated for use on more than one HARDWARE unit.
Single INTEGRATED PRODUCT -
If You acquired this SOFTWARE with HARDWARE, then the
SOFTWARE PRODUCT is licensed with the HARDWARE as a single integrated product. In this case, the
SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this EULA.
Rental -
You may not rent, lease or lend the SOFTWARE PRODUCT. You may not make it available to oth-
ers or post it on a server or web site.
Software Product Transfer -
You may transfer all of Your rights under this EULA only as part of a per-
manent sale or transfer of the 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.
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.
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.
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.
CHOICE OF LAW - This Software License Agreement is governed by the laws of the Province of Ontario,
Canada.
ARBITRATION - All disputes arising in connection with this Agreement shall be determined by final and bind-
ing 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 Eng-
lish.
LIMITED WARRANTY
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.
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.
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.
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 MOD8IFY OR TO CHANGE THIS
WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING
THIS SOFTWARE PRODUCT.
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.
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.