Eula - DSC neo HS2128 E User Manual

Chapter
14

14.0 EULA

IMPORTANT - READ CAREFULLY: DSC Software purchased with or without Products and Components is copy-
righted 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 T his 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 elec-
tronic device ("Device"). In other words, if You have several workstations, 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. D ESCRIPTION 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 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 pro-
prietary 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 accom-
panying 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 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) N O 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) C HANGES IN OPERATING ENVIRONMENT - D SC 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, despite 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.
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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