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TYCO INTERNATIONAL LTD END-USER LICENSE AGREEMENT
FOR KANTECH Software Provided With or Without Products or Components
IMPORTANT -
READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE OPENING THE DISK PACKAGE, DOWNLOADING THE SOFT-
WARE OR INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE.
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND SENSORMATIC ELECTRONICS, LLC (“TYCO”) AND GOVERNS YOUR USE OF THE SOFTWARE ACCOMPANYING THIS
EULA, WHICH SOFTWARE INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE MEDIA, PRINTED MATERIALS, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLEC-
TIVELY, THE "SOFTWARE"). BY BREAKING THE SEAL ON THIS PACKAGE, DOWNLOADING THE SOFTWARE OR INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, DO NOT OPEN, DOWNLOAD,
INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
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SCOPE OF LICENSE. The Software may include computer code, program files and any associated media, hardware or software keys, printed
material and electronic documentation. The Software may be provided to you pre-installed on a storage device (the media) as part of a com-
puter system or other hardware or device (“System”). The Software is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. All title and intellectual property rights in and to the Software (including but not limited to any
images, photographs, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are
owned by Tyco and/or its suppliers. The Software is licensed, not sold. All rights not expressly granted under this EULA are reserved by Tyco
and its suppliers.
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GRANT OF LICENSE. This EULA grants you the following rights on a non-exclusive basis:
a General. This EULA permits you to use the Software for which you have purchased this EULA. Once you have purchased licenses for the number of copies of the
Software that you require, you may use the Software and accompanying material provided that you install and use no more than the licensed number of copies
at one time. The Software is only licensed for use with specified Licensor-supplied Systems. If the Software is protected by a software or hardware key or other
device, the Software may be used on any computer on which the key is installed. If the key locks the Software to a particular System, the Software may only be
used on that System.
b Locally Stored Components. The Software may include a software code component that may be stored and operated locally on one or more devices. Once you
have paid the required license fees for these devices (as determined by Tyco in its sole discretion), you may install and/or use one copy of such component of the
Software on each of the devices as licensed by Tyco. You may then use, access, display, run or otherwise interact with ("use") such component of the Software in
connection with operating the device on which it is installed solely in the manner set forth in any accompanying documentation or, in the absence of such, solely
in the manner contemplated by the nature of the Software.
c Remotely Stored Components. The Software may also include a software code component for operating one or more devices remotely. You may install and/or
use one copy of such component of the Software on a remote storage device on an internal network with all of the devices and may operate such component
with each device over the internal network solely in the manner set forth in any accompanying documentation or, in the absence of such, solely in the manner
contemplated by the nature of the Software; provided however, you must still acquire the required number of licenses for each of the devices with which such
component is to be operated.
d Embedded Software/Firmware. The Software may also include a software code component that is resident in a device as provided by Tyco for operating that
device. You may use such component of the Software solely in connection with the use of that device, but may not retrieve, copy or otherwise transfer that soft-
ware component to any other media or device without Tyco's express prior written authorization.
e Backup Copy. You may make a back-up copy of the Software (other than embedded software) solely for archival purposes, which copy may only be used to
replace a component of the Software for which you have current valid license. Except as expressly provided in this EULA, you may not otherwise make copies of
the Software, including the printed materials.
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OTHER RIGHTS AND LIMITATIONS. Your use of the Software is subject to the following additional limitations. Failure to comply with any of
these restrictions will result in automatic termination of this EULA and will make available to Tyco other legal remedies.
a Limitations on Reverse Engineering and Derivative Works. You may not reverse engineer, decompile, or disassemble the Software, and any attempt to do so shall
immediately terminate this EULA - except and only to the extent that such activity may be expressly permitted by applicable law notwithstanding this limitation.
You may not make any changes or modifications to any portion of the Software, or create any derivative works, without the written permission of an officer of
Tyco (except as provided in Section 3(f) of this EULA with respect to “open source” software). You may not remove any proprietary notices, marks or labels from
the Software. You shall institute reasonable measures to ensure compliance with the terms and conditions of this EULA by your personnel and agents.
b Copyright Notices. You must maintain all copyright notices on all copies of the Software.
c Transfer. You may only transfer your rights under this EULA (i) as part of a permanent sale or transfer of all of the devices for which the Software is licensed as
applicable; (ii) if you transfer all of the Software (including all component parts, the media and printed materials, any upgrades and this EULA); (iii) if you do not
retain any copies of any portion of the Software; (iv) if the recipient agrees to the terms of this EULA; and (v) if the Software is an upgrade, such transfer must also
include all prior versions of the Software. You agree that failure to meet all of these conditions renders such transfer null and void.
d Termination. Without prejudice to any other rights, Tyco may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you
must immediately destroy all copies of the Software and all of its component parts. To the extent the Software is embedded in hardware or firmware, you will
provide prompt access to Tyco or its representative to remove or lock Software features or functionality as Tyco determines.
e Future Upgrades and Subsequent EULA. Unless accompanied by its own end user license agreement, any future upgrade or other modification or addition to the
Software shall constitute part of the Software and be subject to the terms of this EULA. Tyco may also supersede this EULA with a subsequent EULA pursuant to
providing you with any future component, release, upgrade or other modification or addition to the Software. Similarly, to the extent that the terms of this EULA
conflict with any prior EULA or other agreement between you and Tyco regarding the Software, the terms of this EULA shall prevail.
f Incorporation of “Open Source” and other Third Party Software. Portions of the Software may be subject to certain third party license agreements governing the
use, copying, modification, redistribution and warranty of those portions of the Software, including what is commonly known as “open source” software. A copy
of each applicable third party license can be found in the file README.TXT or other documentation accompanying the Software. Such open source software is
not subject to any warranty and indemnity set forth in this EULA. By using the Software you are also agreeing to be bound to the terms of such third party
licenses. If provided for in the applicable third party license, you have a right to receive source code for such software for use and distribution in any program
that you create, so long as you in turn agree to be bound to the terms of the applicable third party license, and your programs are distributed under the terms of
that license. A copy of such source code may be obtained free of charge by contacting your Tyco representative.
g Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Tyco, its affiliates or its suppliers.
h Rental. You may not sublicense, rent, lease or lend the Software. You may not make it available to others or post it on a server or web site or otherwise distribute
it.
i Software Keys. The hardware/software key, where applicable, is your proof of license to exercise the rights granted herein and must be retained by you. Lost or
stolen keys will not be replaced.
j Demonstration and Evaluation Copies. A demonstration or evaluation copy of the Software is covered by this EULA; provided that the licenses contained herein
shall expire at the end of the demonstration or evaluation period.
k Registration of Software. The Software may require registration with Tyco prior to use. If you do not register the Software, this EULA is automatically terminated
and you may not use the Software.
l Additional Restrictions. The Software may be subject to additional restrictions and conditions on use as specified in the documentation accompanying such Soft-
ware, which additional restrictions and conditions are hereby incorporated into and made a part of this EULA.
