User's Manual

End User Licence Agreement Alarm Communicator Installlation Manual
38
END USER LICENCE AGREEMENT
IMPORTANT - READ CAREFULLY: DSC Software purchased with or without Products and Components is Copyrighted and is pur-
chased 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 prod-
ucts 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 asso-
ciated 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 interna-
tional copyright treaties, as well as other intellectual property laws and trea-
ties. 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 several workstations, You will
have to acquire a license for each workstation where the SOFTWARE will
be used.
Backup Copy - You may make back-up copies of the SOFTWARE PROD-
UCT, 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 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 per-
mission 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 separated for use on more
than one HARDWARE unit.
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.
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.
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, pro-
vided 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.
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.
Trademarks - This EULA does not grant You any rights in connection with
any trademarks or service marks of DSC or its suppliers.
COPYRIGHT - All title and intellectual property rights in and to the SOFT-
WARE 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 prop-
erty 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.
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 governed 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 deci-
sion. 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 uninterrupted or error free.
CHANGES IN OPERATING ENVIRONMENT - DSC shall not be responsi-
ble for problems caused by changes in the operating characteristics 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 warranties or conditions not
stated in this license agreement, 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 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 war-
ranty 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 autho-
rizes 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 cir-
cumstances shall DSC be liable for any special, incidental, consequential or
indirect damages based upon breach of warranty, breach of contract, negli-
gence, 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 services, down time, purchasers time, the claims of third parties,
including 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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