American Dynamics SpeedDome Ultra 8 Operator's Manual page 137

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is Commercial
Computer Software provided with "restricted rights" under Federal Acquisition Regulations and agency
supplements to them. Any use, duplication or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR
255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer
Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Sensormatic Electronics Corporation, One Town Center Road, Boca Raton, FL
33486.
6. CHOICE OF LAW. This Software License Agreement is governed by the laws of the State of Florida
and the parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state
and federal courts of Florida for purposes of resolving any and all disputes arising under or related to these
terms and conditions.
7. LIMITED WARRANTY.
a. "AS IS" WARRANTY. TYCO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE
EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE PRODUCT IS WITH YOU. TYCO DOES NOT WARRANT THAT THE OPERATION OF
THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. TYCO DOES NOT
WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT
OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. TYCO
SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING
CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE PRODUCT IS
OPERATING, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE PRODUCT WITH
NON-TYCO SOFTWARE OR HARDWARE PRODUCTS. TYCO 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.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TYCO BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT 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. IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR
CONDITIONS NOT STATED IN THIS EULA, TYCO'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
TO LICENSE THE SOFTWARE PRODUCT. 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.
SPEEDDOME ULTRA 8 CONFIGURATION UTILITY
OPERATOR'S GUIDE
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