Limited Warranty; Software Product License; Description Of Other Rights And Limitations - DSC PK5500 Installation Instructions Manual

LIMITED WARRANTY

Digital Security Controls (DSC) warrants that for a period of 12 months from
the date of purchase, the product shall be free of defects in materials and work-
manship under normal use and that in fulfilment of any breach of such warranty,
DSC 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 dam-
age due to causes beyond the control of Digital Security Controls such as light-
ning, 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 obliga-
tions or liabilities 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 concerning this product. In no
event shall Digital Security Controls be liable for any direct, indirect or conse-
quential 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, criminal tampering or electrical
disruption, it is possible for this product to fail to perform as expected. IMPOR-
TANT INFORMATION: Changes/modifications not expressly approved by
DSC 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 Software and any
related Hardware) and Digital Security Controls, a division of Tyco Safety Prod-
ucts 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 accom-
panied 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 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
© 2012 Tyco International Ltd. and its Respective Companies. All Rights Reserved. Toronto, Canada • www.dsc.com • Tech Support: 1-800-387-3630 (Canada, US), 905-760-3000 • Printed in Canada
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 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 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 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;
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.
FCC Compliance Statement - CAUTION: Changes or modifications not
expressly approved by DSC could void your authority to use this equip-
ment.
This equipment generates and uses radio frequency energy and if not installed
and used properly, in strict accordance with the manufacturer's instructions, may
cause interference to radio and television reception. It has been type tested and
found to comply with the limits for Class B device in accordance with the speci-
fications in Subpart "B" of Part 15 of FCC Rules, which are designed to provide
reasonable protection against such interference in any residential installation.
However, there is no guarantee that interference will not occur in a particular
installation. If this equipment does cause interference to television or radio
reception, which can be determined by turning the equipment off and on, the
user is encouraged to try to correct the interference by one or more of the follow-
ing measures:
• Re-orient the receiving antenna
• Relocate the alarm control with respect to the receiver
• Move the alarm control away from the receiver
• Connect the alarm control into a different outlet so that alarm control and
receiver are on different circuits.
If necessary, the user should consult the dealer or an experienced radio/television
technician for additional suggestions. The user may find the following booklet
prepared by the FCC helpful: "How to Identify and Resolve Radio/Television
Interference Problems". This booklet is available from the U.S. Government
Printing Office, Washington, D.C. 20402, Stock # 004-000-00345-4.
Operating Instructions shall be made available to the user.
WARRANTY REFLECTS
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