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GREEMENT
IMPORTANT - READ CAREFULLY: DSC Software purchased
with or without Products and Components
is copyrighted and is purchased under the following license
terms:
This End-User License Agreement (“EULA”) is a legal agree-
ment between
You
(the company, individual or entity who
acquired the Software and any related Hardware) and
Digital
Security Controls, a division of Tyco Safety Products Can-
ada Ltd.
(“DSC”), the manufacturer of the integrated security
systems and the developer of the software and any related
products or components (“HARDWARE”) which You acquired.
If the DSC software product (“SOFTWARE PRODUCT” or
“SOFTWARE”) is intended to be accompanied by HARD-
WARE, and is NOT accompanied by new HARDWARE, You
may not use, copy or install the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT includes computer software, and
may include associated media, printed materials, and “online”
or electronic documentation.
Any software provided along with the SOFTWARE PRODUCT
that is associated with a separate end-user license agreement
is licensed to You under the terms of that license agreement.
By installing, copying, downloading, storing, accessing or oth-
erwise using the SOFTWARE PRODUCT, You agree uncondi-
tionally to be bound by the terms of this EULA, even if this
EULA is deemed to be a modification of any previous arrange-
ment or contract. If You do not agree to the terms of this
EULA, DSC is unwilling to license the SOFTWARE PRODUCT
to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws
and international copyright treaties, as well as other intellec-
tual property laws and treaties. The SOFTWARE PRODUCT
is licensed, not sold.
1.GRANT OF LICENSE - This EULA grants You the following
rights:
(a)
Software Installation and Use
- For each license You
acquire, You may have only one copy of the SOFTWARE
PRODUCT installed.
(b)
Storage/Network Use
- The SOFTWARE PRODUCT may
not be installed, accessed, displayed, run, shared or used con-
currently on or from different computers, including a worksta-
tion, terminal or other digital electronic device (“Device”). In
other words, if You have several workstations, You will have to
acquire a license for each workstation where the SOFTWARE
will be used.
(c)
Backup Copy
- You may make back-up copies of the
SOFTWARE PRODUCT, but You may only have one copy per
license installed at any given time. You may use the back-up
copy solely for archival purposes. Except as expressly pro-
vided in this EULA, You may not otherwise make copies of the
SOFTWARE PRODUCT, including the printed materials
accompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(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 appli-
cable law notwithstanding this limitation. You may not make
any changes or modifications to the Software, without the writ-
ten 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 PROD-
UCT 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 PROD-
UCT 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 compo-
nent 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 incorporated into the SOFT-
WARE 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 intel-
lectual 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 pro-
tected 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 UNINTER-
RUPTED 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 CONSE-
QUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMI-
TATION 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 WAR-
RANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGA-
TIONS OR LIABILITIES ON THE PART OF DSC. DSC
MAKES NO OTHER WARRANTIES. DSC NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON PUR-
PORTING 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 WAR-
RANTY -
UNDER NO CIRCUMSTANCES SHALL DSC BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUEN-
TIAL 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, FACILI-
TIES OR SERVICES, DOWN TIME, PURCHASERS TIME,
THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOM-
ERS, AND INJURY TO PROPERTY.
WARNING: DSC recommends that the entire system be com-
pletely tested on a regular basis. However, despite frequent
testing, and due to, but not limited to, criminal tampering or
electrical disruption, it is possible for this SOFTWARE PROD-
UCT to fail to perform as expected.
