DSC 3G2060 Installation Manual page 44

Internet/hspa alarm communicator
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E
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SER
ICENCE
GREEMENT
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 (DSC), a division of Tyco Safety Products Canada Ltd., the
manufacturer of the integrated security systems and the developer of
the software and any related products or components ('HARD-
WARE') 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 materials, and 'online' or electronic documentation.
Any software provided along with the SOFTWARE PRODUCT that
is associated with a separate EULA 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,
under the following terms:.
GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use - For each license You acquire, You
may have only one copy of the SOFTWARE PRODUCT installed.
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 sev-
eral workstations, You will have to acquire a license for each work-
station where the SOFTWARE will be used.
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.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disas-
sembly - 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.
Separation of Components - The SOFTWARE PRODUCT is
licensed as a single product. Its component parts may not be sepa-
rated for use on more than one HARDWARE unit.
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.
Rental - You may not rent, lease or lend the SOFTWARE PROD-
UCT. You may not make it available to others or post it on a server
or web site.
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.
3G Alarm Communicator Installation Manual
Termination - Without prejudice to any other rights, DSC may ter-
minate this EULA if You fail to comply with the terms and condi-
tions of this EULA. In such event, You must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.
Trademarks - This EULA does not grant You any rights in connec-
tion with any trademarks or service marks of DSC or its suppliers.
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 PROD-
UCT), 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 con-
tent. All rights not expressly granted under this EULA are reserved
by DSC and its suppliers.
EXPORT RESTRICTIONS - You agree that You will not export
or reexport the SOFTWARE PRODUCT to any country, person, or
entity subject to Canadian export restrictions.
CHOICE OF LAW - This Software License Agreement is gov-
erned by the laws of the Province of Ontario, Canada.
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
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 uninter-
rupted or error free.
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 with non DSC software or hardware products.
LIMITATION OF LIABILITY; WARRANTY REFLECTS
ALLOCATION OF RISK -In any event, if any statute implies war-
ranties or conditions not stated in this license agreement, entire lia-
bility under any provision of this license agreement shall be limited
to the greater of the amount actually paid by you to license the
SOFTWARE 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.
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.
EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY
- Under no circumstances shall DSC be liable for any special, inci-
dental, consequential or indirect damages based upon breach of war-
ranty, 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 or any associated equipment, cost of
capital, cost of substitute or replacement equipment, facilities or ser-
vices, down time, purchasers time, the claims of third parties, includ-
ing customers, and injury to property.
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.
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