LIMITED WARRANTY
Digital Security Controls warrants the original purchaser that for a period of twelve months from the date
of purchase, the product shall be free of defects in materials and workmanship under normal 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 writing 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 absolutely no warranty on software and all software products are sold as a
user license under the terms of the software license agreement included with the product. The Customer
assumes all responsibility for the proper selection, installation, operation and maintenance of any prod-
ucts 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 Controls 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;
• damage caused by disaster such as fire, flood, wind, earthquake or lightning;
• damage due to causes beyond the control of Digital Security Controls such as excessive voltage,
mechanical shock or water damage;
• damage caused by unauthorized attachment, alterations, modifications or foreign objects;
• damage caused by peripherals (unless such peripherals were supplied by Digital Security Controls);
• defects caused by failure to provide a suitable installation environment for the products;
• damage caused by use of the products for purposes other than those for which it was designed;
• damage from improper maintenance;
• damage arising out of any other abuse, mishandling or improper application of the products.
Items Not Covered by Warranty
In addition to the items which void the Warranty, the following items shall not be covered by War-
ranty: (i) freight cost to the repair centre; (ii) products which are not identified with DSC's product label
and lot number or serial number; (iii) products disassembled or repaired in such a manner as to ad-
versely affect performance or prevent adequate inspection or testing to verify any warranty claim.
Access cards or tags returned for replacement under warranty will be credited or replaced at DSC's op-
tion. Products not covered by this warranty, or otherwise out of warranty due to age, misuse, or dam-
age shall be evaluated, and a repair estimate shall be provided. No repair work will be performed until
a valid purchase order is received from the Customer and a Return Merchandise Authorisation number
(RMA) is issued by DSC's Customer Service.
Digital Security Controls’ liability for failure to repair the product under this warranty after a reasonable
number of attempts will be limited to a replacement of the product, as the exclusive remedy for breach
of warranty. Under no circumstances shall Digital Security Controls be liable for any special, incidental,
or consequential 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
product or any associated equipment, cost of capital, cost of substitute or replacement equipment,
facilities or services, down time, purchaser’s time, the claims of third parties, including customers, and
injury to property. The laws of some jurisdictions limit or do not allow the disclaimer of consequential
damages. If the laws of such a jurisdiction apply to any claim by or against DSC, the limitations and
disclaimers contained here shall be to the greatest extent permitted by law. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so that the above 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 Digital Security Con-
trols. 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.
This disclaimer of warranties and limited warranty are governed by the laws of the province of Ontario,
Canada.
WARNING:
Digital Security Controls 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 product to fail to perform as expected.
Out of Warranty Repairs
Digital Security Controls will at its option repair or replace out-of-warranty products which are
returned to its factory according to the following conditions. 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.
Products which Digital Security Controls determines to be repairable will be repaired and returned. A set
fee which Digital Security Controls has predetermined and which may be revised from time to time, will
be charged for each unit repaired.
Products which Digital Security Controls determines not to be repairable will be replaced by the nearest
equivalent product available at that time. The current market price of the replacement product will be
charged for each replacement unit.
IMPORTANT - READ CAREFULLY: DSC Software purchased with or without Products and
Componentsis copyrighted and is purchased under the following license terms:
- This End-User License Agreement (“EULA”) is a legal agreement between You (the company, indi-
vidual 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 accom-
panied 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 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 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:
(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 electronic 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.
(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 SOFT-
WARE.
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 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 com-
ponent 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 avail-
able 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 HARDWARE, provided You retain no copies, You transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and printed materials, any up-
grades 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 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.
(g) Trademarks - This EULA does not grant You any rights in connection with any trademarks or ser-
vice marks of DSC or its suppliers.
3. COPYRIGHT - All title and intellectual property rights in and to the SOFTWARE PRODUCT (in-
cluding 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 SOFT-
WARE PRODUCT. All title and intellectual property rights in and to the content which may be ac-
cessed 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.
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 Agreement shall be determined 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 interaction 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 CONDITIONS NOT STATED IN THIS LI-
CENSE 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 LI-
ABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION 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 CON-
CERNING THIS SOFTWARE PRODUCT.
(e) 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 ASSOCI-
ATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIP-
MENT, FACILITIES OR SERVICES, DOWN TIME, PURCHASERS 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.
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