I
MPORTANT 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 Soft-
ware and any related Hardware) and Digital Security Controls, a divi-
sion 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 accom-
panied by new HARDWARE, You may not use, copy or install the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes com-
puter software, and may include associated 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
modification of any previous arrangement or contract. If You do not
agree to the terms of this EULA, DSC is unwilling to license the SOFT-
WARE 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 digi-
tal electronic device ("Device"). In other words, if You have several work-
stations, You will have to acquire a license for each workstation where
the SOFTWARE 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 SOFT-
WARE 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 reasonable 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 SOFT-
WARE 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 mate-
rials, 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 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 PROD-
UCT (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 prop-
erty 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 intellec-
tual 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 PROD-
UCT to any country, person, or entity subject to Canadian export restric-
tions.
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 deter-
mined 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 inter-
action 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 CONDI-
TIONS 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 LIMITA-
TION 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 ANY OTHER WARRANTY OR LIABILITY CONCERNING
THIS SOFTWARE PRODUCT.
(e) EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY
UNDER NO CIRCUMSTANCES SHALL DSC BE LIABLE FOR ANY SPE-
CIAL, 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 REPLACE-
MENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PUR-
CHASERS TIME, THE CLAIMS OaF THIRD PARTIES, INCLUDING CUS-
TOMERS, 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 possi-
ble for this SOFTWARE PRODUCT to fail to perform as expected.
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