Limited Warranty
Digital Security Controls warrants that for a period of 12 months
from the date of purchase, the product shall be free of defects in
materials and workmanship under normal use and that in fulfilment
of any breach of such warranty, Digital Security Controls shall, at
its option, repair or replace the defective equipment upon return of
the equipment to its repair depot. This warranty applies only to
defects in parts and workmanship and not to damage incurred in
shipping or handling, or damage due to causes beyond the control
of Digital Security Controls such as lightning, excessive voltage,
mechanical shock, water damage, or damage arising out of abuse,
alteration or improper application of the equipment. The foregoing
warranty shall apply only to the original buyer, and is and shall be
in lieu of any and all other warranties, whether expressed or
implied and of all other obligations or liabilities on the part of Dig-
ital Security Controls. Digital Security Controls neither assumes
responsibility for, 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 product. In no
event shall Digital Security Controls be liable for any direct, indi-
rect or consequential damages, loss of anticipated profits, loss of
time or any other losses incurred by the buyer in connection with
the purchase, installation or operation or failure of this product.
Warning: Digital Security Controls recommends that the entire sys-
tem be completely tested on a regular basis. However, despite fre-
quent testing, and due to, but not limited to, criminal tampering or
electrical disruption, it is possible for this product to fail to perform
as expected. Important: Changes or modifications not expressly
approved by Digital Security Controls could void the user’s author-
ity to operate this equipment.
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 agree-
ment 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 sys-
tems 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 HARD-
WARE, 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 associated media, printed materials, and “online” or elec-
tronic 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 other-
wise using the SOFTWARE PRODUCT, You agree uncondition-
ally to be bound by the terms of this EULA, even if this EULA is
deemed to be a modification of any previous arrangement or con-
tract. If You do not agree to the terms of this EULA, DSC is unwill-
ing 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 interna-
tional 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:
(a) Software Installation and Use - For each license You acquire, You may
have only one copy of the SOFTWARE PRODUCT installed.
(b) 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 SOFT-
WARE will be used.
(c) 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
(a) 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 modifications to the Software, without the written
permission of an officer of DSC. You may not remove any proprietary
notices, marks or labels from the Software Product. You shall institute rea-
sonable measures to ensure compliance with the terms and conditions of
this EULA.
(b) 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.
(c) 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.
(d) Rental
-
You may not rent, lease or lend the SOFTWARE PRODUCT.
You may not make it available to others or post it on a server or web site.
(e) Software Product Transfer - You may transfer all of Your rights under
this EULA only as part of a permanent sale or transfer of the HARD-
WARE, provided You retain no copies, You transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and printed materi-
als, 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 PROD-
UCT.
(f) Termination - Without prejudice to any other rights, DSC may termi-
nate 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, photo-
graphs, 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 respec-
tive 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 Agree-
ment shall be determined by final and binding arbitration in accordance
with the Arbitration Act, and the parties agree to be bound by the arbitra-
tor’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 UNIN-
TERRUPTED OR ERROR-FREE. (b) CHANGES IN OPERAT-
ING 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 SOFT-
WARE 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 CANA-
DIAN DOLLARS (CAD$5.00). BECAUSE SOME JURISDIC-
TIONS 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 WAR-
RANTY 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 FIT-
NESS 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 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 PRODUCT. (e) EXCLUSIVE REMEDY AND LIM-
ITATION 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, NEGLI-
GENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THE-
ORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED
TO, LOSS OF PROFITS, LOSS OF THE SOFTWARE PROD-
UCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPI-
TAL, COST OF SUBSTITUTE OR REPLACEMENT
EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PUR-
CHASERS TIME, THE CLAIMS OF 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.
No user serviceable components used in the device.