(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 not-
withstanding 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 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 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.
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 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 incor-
porated 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 intel-
lectual property laws and treaties. 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.
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 respons-
ible 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 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.
(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 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.
WARNING: DSC recommends that the entire system be completely tested on a reg-
ular 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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