(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 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 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 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
installation manual 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 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.