Items Not Covered by Warranty
In addition to the itemswhich void the Warranty, the following itemsshallnot be
covered byWarranty: (i) freight cost to the repair centre; (ii) productswhich are not
identified with DSC'sproduct labeland lot number or serialnumber; (iii) products
disassembled or repaired in such a manner asto adverselyaffect performance or
prevent adequate inspection or testing to verifyanywarrantyclaim. Accesscards
or tagsreturned for replacement under warrantywillbe credited or replaced at
DSC'soption. Productsnot covered bythiswarranty, or otherwise out of warranty
due to age, misuse, or damage shallbe evaluated, and a repair estimate shallbe
provided. No repair workwillbe performed untila valid purchase order isreceived
fromthe Customer and a Return Merchandise Authorisation number (RMA) is
issued byDSC'sCustomer Service.
DigitalSecurityControls’sliabilityfor failure to repair the product under thiswar-
rantyafter a reasonable number of attemptswillbe limited to a replacement of the
product, asthe exclusive remedyfor breach of warranty. Under no circumstances
shallDigitalSecurityControlsbe liable for anyspecial, incidental, or consequential
damagesbased upon breach of warranty, breach of contract, negligence, strict
liability, or anyother legaltheory. Such damagesinclude, but are not limited to,
lossof profits, lossof the product or anyassociated equipment, cost of capital,
cost of substitute or replacement equipment, facilitiesor services, down time, pur-
chaser’stime, the claimsof third parties, including customers, and injuryto prop-
erty. The lawsof some jurisdictionslimit or do not allow the disclaimer of
consequentialdamages. If the lawsof such a jurisdiction applyto anyclaimbyor
against DSC, the limitationsand disclaimerscontained here shallbe to the
greatest extent permitted bylaw. Some statesdo not allow the exclusion or lim-
itation of incidentalor consequentialdamages, so that the above maynot 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 pur-
pose) And of all other obligations or liabilities on the part of Digital
Security Controls Digital Security Controls neither assumes respons-
ibility 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.
DigitalSecurityControlsrecommendsthat the entire systembe completelytested
on a regular basis. However, despite frequent testing, and due to, but not limited
to, criminaltampering or electricaldisruption, it ispossible for thisproduct to failto
performasexpected.
Out of Warranty Repairs
DigitalSecurityControlswillat itsoption repair or replace out-of-warrantyproducts
which are returned to itsfactoryaccording to the following conditions. Anyone
returning goodsto DigitalSecurityControlsmust first obtain an authorization num-
ber. DigitalSecurityControlswillnot accept anyshipment whatsoever for which
prior authorization hasnot been obtained.
Productswhich DigitalSecurityControlsdeterminesto be repairable willbe
repaired and returned. Aset fee which DigitalSecurityControlshaspre-
determined and which maybe revised fromtime to time, willbe charged for each
unit repaired.
Productswhich DigitalSecurityControlsdeterminesnot to be repairable willbe
replaced bythe nearest equivalent product available at that time. The current
market price of the replacement product willbe charged for each replacement
unit.
EULA
IMPORTANT - READ CAREFULLY: DSC Software purchased with or without
Productsand Componentsiscopyrighted and ispurchased under the following
license terms:
ThisEnd-User License Agreement (“EULA”) isa legalagreement between You
(the company, individualor entitywho acquired the Software and anyrelated
Hardware) and DigitalSecurityControls, a division of Tyco SafetyProducts
Canada Ltd. (“DSC”), the manufacturer of the integrated securitysystemsand
the developer of the software and anyrelated productsor components
(“HARDWARE”) which You acquired.
If the DSC software product (“SOFTWAREPRODUCT” or “SOFTWARE”) isinten-
ded to be accompanied byHARDWARE, and isNOT accompanied bynew
HARDWARE, You maynot use, copyor installthe SOFTWAREPRODUCT. The
SOFTWAREPRODUCT includescomputer software, and mayinclude asso-
ciated media, printed materials, and “online” or electronicdocumentation.
Anysoftware provided along with the SOFTWAREPRODUCT that isassociated
with a separate end-user license agreement islicensed to You under the termsof
that license agreement.
Byinstalling, copying, downloading, storing, accessing or otherwise using the
SOFTWAREPRODUCT, You agree unconditionallyto be bound bythe termsof
thisEULA, even if thisEULAisdeemed to be a modification of anyprevious
arrangement or contract. If You do not agree to the termsof thisEULA, DSC is
unwilling to license the SOFTWAREPRODUCT to You, and You have no right to
use it.
SOFTWARE PRODUCT LICENSE
The SOFTWAREPRODUCT isprotected bycopyright lawsand international
copyright treaties, aswellasother intellectualpropertylawsand treaties. The
SOFTWAREPRODUCT islicensed, not sold.
1. GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use -
For each license You acquire, You mayhave
onlyone copyof the SOFTWAREPRODUCT installed.
Storage/Network Use -
The SOFTWAREPRODUCT maynot be installed,
accessed, displayed, run, shared or used concurrentlyon or fromdifferent com-
puters, including a workstation, terminalor other digitalelectronicdevice
(“Device”). In other words, if You have severalworkstations, You willhave to
acquire a license for each workstation where the SOFTWAREwillbe used.
Backup Copy -
You maymake back-up copiesof the SOFTWAREPRODUCT,
but You mayonlyhave one copyper license installed at anygiven time. You may
use the back-up copysolelyfor archivalpurposes. Except asexpresslyprovided in
thisEULA, You maynot otherwise make copiesof the SOFTWAREPRODUCT,
including the printed materialsaccompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTSAND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disassembly -
You maynot reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and onlyto the extent that such activityisexpresslypermitted
byapplicable law notwithstanding thislimitation. You maynot make anychanges
or modificationsto the Software, without the written permission of an officer of
DSC. You maynot remove anyproprietarynotices, marksor labelsfromthe Soft-
ware Product. You shallinstitute reasonable measuresto ensure compliance with
the termsand conditionsof thisEULA.
Separation of Components -
The SOFTWAREPRODUCT islicensed asa
single product. Itscomponent partsmaynot be separated for use on more than
one HARDWAREunit.
Single INTEGRATED PRODUCT -
If You acquired thisSOFTWAREwith
HARDWARE, then the SOFTWAREPRODUCT islicensed with the HARDWARE
asa single integrated product. In thiscase, the SOFTWAREPRODUCT mayonly
be used with the HARDWAREasset forth in thisEULA.
Rental -
You maynot rent, lease or lend the SOFTWAREPRODUCT. You may
not make it available to othersor post it on a server or web site.
Software Product Transfer -
You maytransfer allof Your rightsunder thisEULA
onlyaspart of a permanent sale or transfer of the HARDWARE, provided You
retain no copies, You transfer allof the SOFTWAREPRODUCT (including allcom-
ponent parts, the media and printed materials, anyupgradesand thisEULA),
and provided the recipient agreesto the termsof thisEULA. If the SOFTWARE
PRODUCT isan upgrade, anytransfer must also include allprior versionsof the
SOFTWAREPRODUCT.
Termination -
Without prejudice to anyother rights, DSC mayterminate this
EULAif You failto complywith the termsand conditionsof thisEULA. In such
event, You must destroyallcopiesof the SOFTWAREPRODUCT and allof itscom-
ponent parts.
Trademarks -
ThisEULAdoesnot grant You anyrightsin connection with any
trademarksor service marksof DSC or itssuppliers.
3. COPYRIGHT
Alltitle and intellectualpropertyrightsin and to the SOFTWAREPRODUCT (includ-
ing but not limited to anyimages, photographs, and text incorporated into the
SOFTWAREPRODUCT), the accompanying printed materials, and anycopiesof
the SOFTWAREPRODUCT, are owned byDSC or itssuppliers. You maynot
copythe printed materialsaccompanying the SOFTWAREPRODUCT. Alltitle and
intellectualpropertyrightsin and to the content which maybe accessed through
use of the SOFTWAREPRODUCT are the propertyof the respective content
owner and maybe protected byapplicable copyright or other intellectualproperty
lawsand treaties. ThisEULAgrantsYou no rightsto use such content. Allrights
not expresslygranted under thisEULAare reserved byDSC and itssuppliers.
EXPORT RESTRICTIONS- You agree that You willnot export or re-export the
SOFTWAREPRODUCT to anycountry, person, or entitysubject to Canadian
export restrictions.
CHOICEOF LAW - ThisSoftware License Agreement isgoverned bythe lawsof
the Province of Ontario, Canada.
ARBITRATION - Alldisputesarising in connection with thisAgreement shallbe
determined byfinaland binding arbitration in accordance with the Arbitration Act,
and the partiesagree to be bound bythe arbitrator’sdecision. The place of arbit-
ration shallbe Toronto, Canada, and the language of the arbitration shallbe
English.
LIMITED WARRANTY
NO WARRANTY -
DSC PROVIDESTHESOFTWARE“ASIS” WITHOUT
WARRANTY. DSC DOESNOT WARRANT THAT THESOFTWAREWILL MEET
YOUR REQUIREMENTSOR THAT OPERATION OF THESOFTWAREWILL BE
UNINTERRUPTED OR ERROR-FREE.
CHANGES IN OPERATING ENVIRONMENT -
DSC shallnot be responsible for
problemscaused bychangesin the operating characteristicsof the HARDWARE,
or for problemsin the interaction of the SOFTWAREPRODUCT with non-DSC-
SOFTWAREor HARDWAREPRODUCTS.
LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF
RISK -
IN ANYEVENT, IF ANYSTATUTEIMPLIESWARRANTIESOR
CONDITIONSNOT STATED IN THISLICENSEAGREEMENT, DSC’SENTIRE
LIABILITYUNDER ANYPROVISION OF THISLICENSEAGREEMENT SHALL BE
LIMITED TO THEGREATER OF THEAMOUNT ACTUALLYPAID BYYOU TO
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