Installation Instructions

ManualsBrandsSecuritron ManualsComputers & AccessoriesPower Supply 6A DV with Enclosure, (1) B100, (1) D8

no warranty regarding, and will have no responsibility

for, any claim arising out of: (i) a modification of the

Software; or (ii) use of the Software in combination with

any operating system or Third Party Information not

authorized in the Documentation or with hardware or

software specifically forbidden by the Documentation.

5. LIMITATION OF LIABILITY.

• Limitations. Except as provided below: (i) IN NO EVENT

WILL ASSA ABLOY Electronic Security Hardware’S, OR ANY

OF ITS OFFICERS’, DIRECTORS’, SHAREHOLDERS’, PARENTS’,

SUBSIDIARIES’, AGENTS’, INSURERS’, SUCCESSORS’, AND/OR

ASSIGNS’, LIABILITY ARISING OUT OF OR RELATED TO THIS

AGREEMENT EXCEED THE AGGREGATE OF FEES PAYABLE TO

ASSA ABLOY Electronic Security Hardware PURSUANT TO

THIS AGREEMENT (INCLUDING FEES BOTH PAID AND DUE)

AT THE TIME OF THE EVENT GIVING RISE TO THE LIABILITY;

AND (ii) IN NO EVENT WILL ASSA ABLOY Electronic

Security Hardware OR ANY OF ITS OFFICERS, DIRECTORS,

SHAREHOLDERS, PARENTS, SUBSIDIARIES, AGENTS,

INSURERS, SUCCESSORS, AND/OR ASSIGNS BE LIABLE FOR

ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL,

OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS

SUBSECTION 5(a) APPLY: (A) TO LIABILITY FOR NEGLIGENCE;

(B) REGARDLESS OF THE FORM OF ACTION, WHETHER

IN CONTRACT, TORT, STRICT PRODUCT LIABILITY,

OR OTHERWISE; (C) EVEN IF ASSA ABLOY Electronic

Security Hardware, AND/OR ANY OF ITS OFFICERS,

DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,

AGENTS, INSURERS, SUCCESSORS, AND/OR ASSIGNS IS/

ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF THE

DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES

WERE FORESEEABLE; AND (D) EVEN IF RECIPIENT’S

REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable

law limits the application of the provisions of this Section

5(a), ASSA ABLOY Electronic Security Hardware’s liability

will be limited to the maximum extent permissible.

• Further Limitations. IN NO EVENT WILL ASSA ABLOY

Electronic Security Hardware OR ANY OF ITS OFFICERS,

DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,

AGENTS, INSURERS, SUCCESSORS, AND/OR ASSIGNS

BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,

SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING

OUT OF OR RELATED TO ANY OF THE FOLLOWING:

› Revisions to the Software made without the express,

written consent of ASSA ABLOY Electronic Security

Hardware; Recipient’s failure to incorporate Software

Upgrades that would have avoided the alleged

liability, provided ASSA ABLOY Electronic Security

Hardware offered such Upgrades without fees or

charges and with notice to Recipient thereof; use

of the Software in combination with hardware or

software or Third Party Information not provided

by ASSA ABLOY Electronic Security Hardware: (A)

that is specifically forbidden by the Documentation;

or (B) that is not designated in the Documentation

as available for interface with the Software.

6. Term and Termination.

• Term. This AGREEMENT shall remain in effect so long

as the Recipient continues to use and/or maintain any

copies of the Software within Recipient’s possession

or control in any storage medium without limitation.

• Termination for Cause. Either party may terminate

this AGREEMENT for material breach by written notice,

effective in 30 days unless the other party first cures

such breach. (Effects of Termination. Upon termination

of this AGREEMENT, the licenses granted herein shall

terminate and Recipient shall cease all use of the Software

and delete all copies in its possession or control. The

following provisions will survive termination of this

AGREEMENT: (i) any obligation of Recipient to pay for

Software and/or Upgrades rendered before termination;

(ii) Sections 4, 5 and 7 of this AGREEMENT; and (iii)

any other provision of this AGREEMENT that must

survive termination to fulfill its essential purpose.

7. Miscellaneous.

• Notice and Contact Information. ASSA ABLOY

Electronic Security Hardware may be contacted at the

mailing address below or by the ASSA ABLOY Electronic

Security Hardware website. Notices pursuant to this

AGREEMENT should be sent to the address below, or

to such others as may be provided in writing. Such

notices will be deemed received at such addresses

upon the earlier of (i) actual receipt or (ii) delivery in

person, by fax with written confirmation of receipt,

or by certified mail return receipt requested.

• Corporate Headquarters, Mailing Address:

ASSA ABLOY Electronic Security Hardware,

10027 S. 51st Street Phoenix, AZ 85044, USA

• Website Address: www.assaabloyesh.com

• Independent Contractors. The parties are independent

contractors and will so represent themselves in all

regards. Neither party is the agent of the other and

neither may bind the other in any way. Nothing in

this AGREEMENT is intended or shall be construed to

create between the Parties a relationship of principal

and agent, partners, joint venturers, or employer

and employee. No Party shall hold itself out to

others or seek to bind or commit another Party in

any manner inconsistent with this AGREEMENT.

• No Waiver. Neither party will be deemed to have

waived any of its rights under this AGREEMENT by

lapse of time or by any statement or representation

other than (i) by an Authorized Representative and

(ii) in an explicit written waiver. No waiver of a breach

of this AGREEMENT will constitute a waiver of any

prior or subsequent breach of this AGREEMENT.

• Force Majeure. To the extent caused by force

majeure, no delay, failure, or default will

constitute a breach of this AGREEMENT.

• Choice of Law & Jurisdiction. This AGREEMENT

shall be governed solely by the internal laws of the

State of Arizona, without reference to such State’s

principles of conflicts of law. The parties consent to

the personal and exclusive jurisdiction of the federal

and state courts of Illinois, United States of America.

• Severability. All of the provisions of this AGREEMENT

are intended to be distinct and severable. To the extent

permitted by applicable law, the parties hereby waive

any provision of law that would render any clause of this

AGREEMENT invalid or otherwise unenforceable in any

respect. In the event that a provision of this AGREEMENT

is held to be invalid or otherwise unenforceable, such

provision will be interpreted to fulfill its intended

purpose to the maximum extent permitted by

applicable law, and the remaining provisions of this

AGREEMENT will continue in full force and effect.

• Conflicts among Attachments. In the event of

any conflict between the terms of this main body

of this AGREEMENT and those of any attachment

including those of any documentation, the

terms of this main body will govern.

• Electronic Execution, Binding Agreement. This

AGREEMENT may be executed as a “click-wrap”

or “browse-wrap” AGREEMENT or by other form

of electronic signature and Recipient agrees that

this execution shall result in a binding AGREEMENT

between the parties. RECIPIENT AGREES THAT THIS

AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN

NEGOTIATED AGREEMENT SIGNED BY RECIPIENT OR

RECIPIENT’S AUTHORIZED REPRESENTATIVE. THIS

AGREEMENT IS ENFORCEABLE AGAINST RECIPIENT AND

ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE

AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT

AGREE, DO NOT INSTALL OR USE THIS SOFTWARE.

• Interpretation and Construction. The parties agree that

the terms of this AGREEMENT result from negotiations

between them. This AGREEMENT will not be construed in

favor of or against either party by reason of authorship.

• Entire Agreement. This AGREEMENT sets forth the

entire AGREEMENT of the parties and supersedes all

prior or contemporaneous writings, negotiations,

and discussions with respect to the subject matter

hereof. Neither party has relied upon any such

prior or contemporaneous communications.

• Modification or Amendment. Notwithstanding

any modifications related to Upgrades made in

accordance with section 3(b) above, this AGREEMENT

may not be modified or amended except (i) by

Authorized Representatives of each party and (ii)

in a written contract signed by both parties.

• Headings. The headings of sections and subsections

have been included for convenience only and shall

not be considered in interpreting this AGREEMENT.

• Counterparts. This AGREEMENT may be executed

in one or more counterparts, each of which shall be

deemed to be an original, and all of which together

shall constitute one and the same AGREEMENT.

• Notice to U.S. Government End Users. The development

of the Software has been exclusively at the private

expense of ASSA ABLOY Electronic Security Hardware

Accordingly, the Software and Documentation are

“Commercial Items,” as that term is defined at 48 C.F.R.

§2.101, and comprises “Commercial Computer Software”

and “Commercial Computer Software Documentation,”

as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.

§227.7202, as applicable. Accordingly, and consistent

with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through

227.7202-4, as applicable, the Commercial Computer

Software and Commercial Computer Software

Documentation are being licensed to U.S. Government

end users (a) only as Commercial Items and (b) with

only those rights as are granted to all other end users

pursuant to the terms and conditions herein.

techsupport.esh@assaabloy.com | assaabloyesh.com

800 626 7590 | 10027 S. 51st Street Phoenix, AZ 85044 USA

Patent pending and/or patent www.assaabloydss.com/patents

permission of Hanchett Entry Systems, Inc. is prohibited. M001-026_2