User guide

12-2 Configuration and User Guide
e.Subsequent EULA. Tyco may also supersede this EULA with a subsequent EULA pursuant to providing you with any
future component, release, upgrade, or other modification or addition to the SOFTWARE PRODUCT. Similarly, to the
extent that the terms of this EULA conflict with any prior EULA or other agreement between you and Tyco regarding the
SOFTWARE PRODUCT, the terms of this EULA shall prevail.
f. Incorporation of "Open Source" and other Third Party software. Portions of this SOFTWARE PRODUCT may be
subject to certain third party license agreements governing the use, copying, modification, redistribution, and warranty of
that material as set forth in the applicable license from such third party, including what is commonly known as "open
source" software. A copy of this and each applicable third party license can be found in materials accompanying this
SOFTWARE PRODUCT. By using the SOFTWARE PRODUCT you are also agreeing to be bound to the terms of such
third party licenses. If provided for in the applicable third party license, you have a right to receive source code for such
software for use and distribution in any program that you create so long as you in turn agree to be bound to the terms of the
applicable third party license, and your programs are distributed under the terms of that license. A copy of such source
code may be obtained free of charge by contacting your Tyco representative.
g.Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Tyco, its
affiliates, or its suppliers.
h.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.
4.EXPORT RESTRICTIONS. You agree that you will not export or re-export any portion of the SOFTWARE PRODUCT, or
any direct product thereof (the foregoing collectively referred to as the "Restricted Components"), to any country, person or
entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components
(i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include,
but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any
person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from
participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that
neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has
suspended, revoked or denied your export privileges.
5.U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is Commercial Computer Software provided
with "restricted rights" under Federal Acquisition Regulations and agency supplements to them. Any use, duplication or
disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFAR 255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a) through (d) of
the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Sensormatic Electronics Corporation, One Town Center Road, Boca Raton, FL
33486.
6.CHOICE OF LAW. This Software License Agreement is governed by the laws of the State of Florida and the parties
hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state and federal courts of Florida
for purposes of resolving any and all disputes arising under or related to these terms and conditions.
7.LIMITED WARRANTY.
Tyco warrants that, for a period of ninety (90) days from the date of delivery of Software (the "Warranty Period"), the
unmodified Software will, under normal use, substantially perform the functions described in its technical documentation.
THE FOREGOING EXPRESS WARRANTY REPLACES AND IS IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
TYCO MAKES NO WARRANTY THAT ANY SOFTWARE WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY
DEFECTS OR IN AN UNINTERRUPTED MANNER. TYCO SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED
BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE
PRODUCT IS OPERATING, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE PRODUCT WITH NON-
TYCO SOFTWARE OR HARDWARE PRODUCTS. TYCO 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. THE WARRANTY MADE
BY TYCO MAY BE VOIDED BY ABUSE OR MISUSE.
8. EXCLUSIVE REMEDY. Tyco's sole obligation and liability, and your sole and exclusive remedy under the warranties set
forth in Section 7 shall be for Tyco to use commercially reasonable efforts to remedy the problem, or to replace the
defective product, provided that Tyco is notified in writing of all warranty problems during the applicable warranty period.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL TYCO'S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED
TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER
CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, OR THE USE OF THE
SOFTWARE, EXCEED THE AMOUNT OF FEES YOU PAID TO TYCO OR ITS RESELLER FOR THE SOFTWARE THAT
GIVES RISE TO SUCH LIABILITY.