Eula - DSC Neo HS2016 User Manual

Chapter 14

14.0 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
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 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 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:
(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 work-
stations, 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 oth-
erwise 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 applicable law notwithstanding this lim-
itation. 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 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.
(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 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,
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.
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 Agreement shall be determined by final and binding arbitration in accord-
ance 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 char-
acteristics 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.
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