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and intellectual property rights in and to the content
which may be accessed through use of the SOFT-
WARE PRODUCT are the property of the respective
content owner and may be protected by applicable
copyright or other intellectual property laws and trea-
ties. This EULA grants You no rights to use such con-
tent. 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 reexport the SOFTWARE PRODUCT to
any country, person, or entity subject to Canadian
export restrictions.
CHOICE OF LAW
- This Software License Agree-
ment 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
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
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 hard-
ware, or for problems in the interaction of the SOFT-
WARE 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, entire liability under
any provision of this license agreement shall be lim-
ited to the greater of the amount actually paid by you
to license the SOFTWARE 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 con-
tains the entire warranty and shall be in lieu of any
and all other warranties, whether expressed or
implied (including all implied warranties of merchant-
ability 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 any other warranty or liability concern-
ing this SOFTWARE PRODUCT.
EXCLUSIVE REMEDY AND LIMITATION OF WAR-
RANTY -
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 or any associ-
ated 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 com-
pletely tested on a regular basis. However, despite
frequent testing, and due to, but not limited to, crimi-
nal tampering or electrical disruption, it is possible for
this Software Product to fail to perform as expected.
Limited Warranty
Digital Security Controls (DSC) warrants the original
purchaser that for a period of twelve (12) months
from the date of purchase, the product shall be free
of defects in materials and workmanship under nor-
mal use. During the warranty period, Digital Security
Controls shall, at its option, repair or replace any
defective product upon return of the product to its
factory, at no charge for labour and materials. Any
replacement and/or repaired parts are warranted for
the remainder of the original warranty or ninety (90)
days, whichever is longer. The original purchaser
must promptly notify Digital Security Controls in writ-
ing that there is defect in material or workmanship,
such written notice to be received in all events prior
to expiration of the warranty period. There is abso-
lutely no warranty on software and all software prod-
ucts are sold as a user license under the terms of the
software license agreement included with the prod-
uct. The Customer assumes all responsibility for the
proper selection, installation, operation and mainte-
nance of any products purchased from DSC. Custom
products are only warranted to the extent that they
do not function upon delivery. In such cases, DSC can
replace or credit at its option.
International Warranty
The warranty for international customers is the same
as for any customer within Canada and the United
States, with the exception that Digital Security Con-
trols shall not be responsible for any customs fees,
taxes, or VAT that may be due.
Warranty Procedure
To obtain service under this warranty, please return
the item(s) in question to the point of purchase. All
authorized distributors and dealers have a warranty
program. Anyone returning goods to Digital Security
Controls must first obtain an authorization number.
Digital Security Controls will not accept any shipment
whatsoever for which prior authorization has not
been obtained.
Conditions to Void Warranty
This warranty applies only to defects in parts and
workmanship relating to normal use. It does not
cover:
damage incurred in shipping or handling;