Limited Warranty
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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 mater-
ials, 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 coun-
try, 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 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.
