Appendix 3: EULA
Appendix 3: EULA
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 agreement 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 Canada Ltd. (“DSC”), the manufacturer of the integ-
rated 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 HARDWARE, and is NOT accompanied by new HARDWARE, You may not
use, copy or install the SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes com-
puter 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 otherwise using the SOFTWARE
PRODUCT, You agree unconditionally to be bound by the terms of this EULA, even if this EULA
is deemed to be a modification of any previous arrangement 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 intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.
1. GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use -
For each license You acquire, You may have only one copy of
the SOFTWARE PRODUCT installed.
Storage/Network Use -
The SOFTWARE PRODUCT may not be installed, accessed, dis-
played, run, shared or used concurrently on or from different computers, including a workstation,
terminal or other digital electronic device (“Device”). In other words, if You have several work-
stations, You will have to acquire a license for each workstation where the SOFTWARE will be
used.
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 provided 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
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 applicable law notwithstanding this lim-
itation. You may not make any changes or modifications to the Software, without the written per-
mission 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.
Separation of Components -
The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one HARDWARE unit.
Single INTEGRATED PRODUCT -
If You acquired this SOFTWARE with HARDWARE, then
the SOFTWARE PRODUCT 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.
Rental -
You may not rent, lease or lend the SOFTWARE PRODUCT. You may not make it avail-
able to others or post it on a server or web site.
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.
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 component parts.
Trademarks -
This EULA does not grant You any rights in connection with any trademarks or ser-
vice 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.
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.
CHOICE OF LAW - This Software License Agreement is governed by the laws of the Province of
Ontario, Canada.
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 lan-
guage of the arbitration shall be English.
LIMITED WARRANTY
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.
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.
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.
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 MOD8IFY OR TO CHANGE THIS WARRANTY,
NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THIS
SOFTWARE PRODUCT.
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.
DSC recommends that the entire system be completely tested on a regular basis. However, des-
pite frequent testing, and due to, but not limited to, criminal tampering or electrical disruption, it is
possible for this SOFTWARE PRODUCT to fail to perform as expected.
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