Chapter 9.0 EULA
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 mater-
ials accompanying the SOFTWARE PRODUCT. All
title and intellectual property rights in and to the con-
tent 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 sup-
pliers.
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 Agree-
ment is governed by the laws of the Province of
Ontario, Canada.
6. ARBITRATION - All disputes arising in con-
nection 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.
WARNING: 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 pos-
sible for this SOFTWARE PRODUCT to fail to per-
form as expected.
Always ensure you obtain the latest version of the
User Guide. Updated versions of this User Guide
are available by contacting your distributor.
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