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Limited Warranty
Digital Security Controls warrants that for a period of 12 months
from the date of purchase, the product shall be free of defects in
materials and workmanship under normal use and that in fulfil-
ment of any breach of such warranty, Digital Security Controls
shall, at its option, repair or replace the defective equipment upon
return of the equipment to its repair depot. This warranty applies
only to defects in parts and workmanship and not to damage
incurred in shipping or handling, or damage due to causes
beyond the control of Digital Security Controls such as lightning,
excessive voltage, mechanical shock, water damage, or damage
arising out of abuse, alteration or improper application of the
equipment. The foregoing warranty shall apply only to the original
buyer, and is and shall be in lieu of any and all other warranties,
whether expressed or implied and of all other obligations or liabili-
ties on the part of Digital Security Controls. Digital Security Con-
trols neither assumes responsibility for, 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 con-
cerning this product. In no event shall Digital Security Controls be
liable for any direct, indirect or consequential damages, loss of
anticipated profits, loss of time or any other losses incurred by the
buyer in connection with the purchase, installation or operation or
failure of this product.
Warning: Digital Security Controls recommends that the entire
system be completely tested on a regular basis. However,
despite frequent testing, and due to, but not limited to, crimi-
nal tampering or electrical disruption, it is possible for this
product to fail to perform as expected. Important: Changes or
modifications not expressly approved by Digital Security Con-
trols could void the user's authority to operate this equipment.
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 Soft-
ware and any related Hardware) and Digital Security Controls, a divi-
sion of Tyco Safety Products Canada 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 "SOFT-
WARE") 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
computer software, and may include associated media, printed materi-
als, 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 SOFT-
WARE PRODUCT to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and interna-
tional 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:
(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 concurrently on or from
different computers, including a workstation, terminal or other digital
electronic device ("Device"). In other words, if You have several worksta-
tions, 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 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
(a) Limitations on Reverse Engineering, Decompilation and Disassembly
- You may not reverse engineer, decompile, or disassemble the SOFT-
WARE PRODUCT, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
You may not make any changes or modifications to the Software, without
the written 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 PRODUCT 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 SOFT-
WARE 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.
(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 HARD-
WARE, provided You retain no copies, You transfer all of the SOFT-
WARE 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 SOFT-
WARE PRODUCT.
(f) Termination - Without prejudice to any other rights, DSC may termi-
nate 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.
(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, photo-
graphs, 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 copy-
right 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 country, 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 Agree-
ment shall be determined by final and binding arbitration in accordance
with the Arbitration Act, and the parties agree to be bound by the arbitra-
tor'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 OPER-
ATION 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 characteris-
tics of the HARDWARE, or for problems in the interaction of the SOFT-
WARE PRODUCT with non-DSC-SOFTWARE or HARDWARE
PRODUCTS.
(c) LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLO-
CATION OF RISK - IN ANY EVENT, IF ANY STATUTE IMPLIES
WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE
AGREEMENT, DSC'S ENTIRE LIABILITY UNDER ANY PROVI-
SION 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 CON-
TAINS THE ENTIRE WARRANTY AND SHALL BE IN LIEU OF
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED
OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE
PART OF DSC. DSC MAKES NO OTHER WARRANTIES. DSC NEI-
THER 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 WAR-
RANTY OR LIABILITY CONCERNING THIS SOFTWARE PROD-
UCT.
(e) EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY -
UNDER NO CIRCUMSTANCES SHALL DSC BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAM-
AGES BASED UPON BREACH OF WARRANTY, BREACH OF CON-
TRACT, 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 CAPI-
TAL, 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, despite frequent testing, and due to, but not limited to,
criminal tampering or electrical disruption, it is possible for this SOFT-
WARE PRODUCT to fail to perform as expected.
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