Installation and Operation Instructions
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY UNDER CERTAIN
CIRCUMSTANCES.
When accepting the delivery of the Product, the Purchaser agrees to the
said conditions of sale and warranty and he recognizes having been
informed of.
The Manufacturer shall be under no liability whatsoever arising out of the
corruption and/or malfunctioning of any telecommunication or electronic
equipment or any programs.
The Manufacturers obligations under this Warranty are limited solely to repair
and/or replace at the Manufacturer’s discretion any Product or part thereof
that may prove defective. Any repair and/or replacement shall not extend
the original Warranty period. The Manufacturer shall not be responsible for
dismantling and/or reinstallation costs. To exercise this Warranty the Product
must be returned to the Manufacturer freight pre-paid and insured. All
freight and insurance costs are the responsibility of the Purchaser and are
not included in this Warranty.
This warranty shall not be modified, varied or extended, and the
Manufacturer does not authorize any person to act on its behalf in the
modification, variation or extension of this warranty. This warranty shall apply
to the Product only. All products, accessories or attachments of others used
in conjunction with the Product, including batteries, shall be covered solely by
their own warranty, if any. The Manufacturer shall not be liable for any
damage or loss whatsoever, whether directly, indirectly, incidentally,
consequentially or otherwise, caused by the malfunction of the Product due
to products, accessories, or attachments of others, including batteries, used
in conjunction with the Products. This Warranty is exclusive to the original
Purchaser and is not assignable.
This Warranty is in addition to and does not affect your legal rights. Any
provision in this warranty which is contrary to the Law in the state or country
were the Product is supplied shall not apply.
Governing Law: This disclaimer of warranties and limited warranty are
governed by the domestic laws of Israel.
Warning
The user must follow the Manufacturer’s installation and operational
instructions including testing the Product and its whole system at least once a
week and to take all necessary precautions for his/her safety and the
protection of his/her property.
* In case of a conflict, contradiction or interpretation between the English
version of the warranty and other versions, the English version shall prevail.
END-USER LICENSE AGREEMENT
IMPORTANT - READ THIS END-USER LICENSE AGREEMENT ("EULA")
CAREFULLY BEFORE OPENING THE DISK PACKAGE, DOWNLOADING
THE SOFTWARE OR INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE.
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND VISONIC LTD.
(“TYCO”) AND GOVERNS YOUR USE OF THE SOFTWARE ACCOMPANYING
THIS EULA, WHICH SOFTWARE INCLUDES COMPUTER SOFTWARE AND
MAY INCLUDE MEDIA, PRINTED MATERIALS, AND "ON- LINE" OR
ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"). BY
BREAKING THE SEAL ON THIS PACKAGE, DOWNLOADING THE
SOFTWARE OR INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
EULA, DO NOT OPEN, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE
THE SOFTWARE.
1. SCOPE OF LICENSE. The Software may include computer code, program
files and any associated media, hardware or software keys, printed material
and electronic documentation. The Software may be provided to you pre-
installed on a storage device (the media) as part of a computer system or
other hardware or device (“System”). The Software is protected by copyright
laws and international copyright treaties, as well as other intellectual property
laws and treaties. All title and intellectual property rights in and to the
Software (including but not limited to any images, photographs, and text
incorporated into the Software), the accompanying printed materials, and
any copies of the Software, are owned by Tyco and/or its suppliers. The
Software is licensed, not sold. All rights not expressly granted under this
EULA are reserved by Tyco and its suppliers.
2. GRANT OF LICENSE. This EULA grants you the following rights on a non-
exclusive basis:
a. General. This EULA permits you to use the Software for which you
have purchased this EULA. Once you have purchased licenses for the
number of copies of the Software that you require, you may use the
Software and accompanying material provided that you install and use no
more than the licensed number of copies at one time. The Software is
only licensed for use with specified Licensor-supplied Systems. If the
Software is protected by a software or hardware key or other device, the
Software may be used on any computer on which the key is installed. If
the key locks the Software to a particular System, the Software may only
be used on that System.
b. Locally Stored Components. The Software may include a software
code component that may be stored and operated locally on one or
more devices. Once you have paid the required license fees for these
devices (as determined by Tyco in its sole discretion), you may install
and/or use one copy of such component of the Software on each of the
devices as licensed by Tyco. You may then use, access, display, run or
otherwise interact with ("use") such component of the Software in
connection with operating the device on which it is installed solely in the
manner set forth in any accompanying documentation or, in the absence
of such, solely in the manner contemplated by the nature of the
Software.
c. Remotely Stored Components. The Software may also include a
software code component for operating one or more devices remotely.
You may install and/or use one copy of such component of the Software
on a remote storage device on an internal network with all of the devices
and may operate such component with each device over the internal
network solely in the manner set forth in any accompanying
documentation or, in the absence of such, solely in the manner
contemplated by the nature of the Software; provided however, you must
still acquire the required number of licenses for each of the devices with
which such component is to be operated.
d. Embedded Software/Firmware. The Software may also include a
software code component that is resident in a device as provided by Tyco
for operating that device. You may use such component of the Software
solely in connection with the use of that device, but may not retrieve, copy
or otherwise transfer that software component to any other media or
device without Tyco's express prior written authorization.
e. Backup Copy. You may make a back-up copy of the Software (other
than embedded software) solely for archival purposes, which copy may
only be used to replace a component of the Software for which you have
current valid license. Except as expressly provided in this EULA, you may
not otherwise make copies of the Software, including the printed
materials.
3. OTHER RIGHTS AND LIMITATIONS. Your use of the Software is subject
to the following additional limitations. Failure to comply with any of these
restrictions will result in automatic termination of this EULA and will make
available to Tyco other legal remedies.
a. Limitations on Reverse Engineering and Derivative Works. You
may not reverse engineer, decompile, or disassemble the Software, and
any attempt to do so shall immediately terminate this EULA - except and
only to the extent that such activity may be expressly permitted by
applicable law notwithstanding this limitation. You may not make any
changes or modifications to any portion of the Software, or create any
derivative works, without the written permission of an officer of Tyco
(except as provided in Section 3 (f) of this EULA with respect to “open
source” software). You may not remove any proprietary notices, marks or
labels from the Software. You shall institute reasonable measures to
ensure compliance with the terms and conditions of this EULA by your
personnel and agents.
b. Copyright Notices. You must maintain all copyright notices on all
copies of the Software.
c. Transfer. You may only transfer your rights under this EULA (i) as part
of a permanent sale or transfer of all of the devices for which the
Software is licensed as applicable; (ii) if you transfer all of the Software
(including all component parts, the media and printed materials, any
upgrades and this EULA); (iii) if you do not retain any copies of any portion
of the Software; (iv) if the recipient agrees to the terms of this EULA; and
(v) if the Software is an upgrade, such transfer must also include all prior
versions of the Software. You agree that failure to meet all of these
conditions renders such transfer null and void.
d. Termination. Without prejudice to any other rights, Tyco may terminate
this EULA if you fail to comply with the terms and conditions herein. In
such event, you must immediately destroy all copies of the Software and
all of its component parts. To the extent the Software is embedded in
hardware or firmware, you will provide prompt access to Tyco or its
representative to remove or lock Software features or functionality as Tyco
determines.
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.
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, the terms of this EULA shall prevail.
f. Incorporation of “Open Source” and other Third Party Software.
Portions of the Software may be subject to certain third party license
agreements governing the use, copying, modification, redistribution and
warranty of those portions of the Software, including what is commonly
known as “open source” software. A copy of each applicable third party
license can be found in the file README.TXT or other documentation
accompanying the Software. Such open source software is not subject to
any warranty and indemnity set forth in this EULA. By using the Software
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 sublicense, rent, lease or lend the Software. You
may not make it available to others or post it on a server or web site or
otherwise distribute it.
i. Software Keys. The hardware/software key, where applicable, is your
proof of license to exercise the rights granted herein and must be
retained by you. Lost or stolen keys will not be replaced.
j. Demonstration and Evaluation Copies. A demonstration or
evaluation copy of the Software is covered by this EULA; provided that the
licenses contained herein shall expire at the end of the demonstration or
evaluation period.
k. Registration of Software. The Software may require registration with
Tyco prior to use. If you do not register the Software, this EULA is
automatically terminated and you may not use the Software.
l. Additional Restrictions. The Software may be subject to additional
restrictions and conditions on use as specified in the documentation
accompanying such Software, which additional restrictions and conditions
are hereby incorporated into and made a part of this EULA.
m. Upgrades and Updates. To the extent Tyco makes them available,
Software upgrades and updates may only be used to replace all or part
of the original Software that you are licensed to use. Software upgrades
and updates do not increase the number of copies licensed to you. If the
Software is an upgrade of a component of a package of Software
programs that you licensed as a single product, the Software may be
used and transferred only as part of that single product package and may
not be separated for use on more than one computer or System.
Software upgrades and updates downloaded free of charge via a Tyco
authorized World Wide Web or FTP site may be used to upgrade multiple
Systems provided that you are licensed to use the original Software on
those Systems.
n. Tools and Utilities. Software distributed via a Tyco-authorized World
Wide Web or FTP site (or similar Tyco-authorized distribution means) as a
tool or utility may be copied and installed without limitation provided that
the Software is not distributed or sold and the Software is only used for
the intended purpose of the tool or utility and in conjunction with Tyco
products. All other terms and conditions of this EULA continue to apply.
4. EXPORT RESTRICTIONS. You agree that you will not export, re-export or
transfer any portion of the Software, or any direct product thereof (the
foregoing collectively referred to as the "Restricted Components"), to IRAN,
NORTH KOREA, SYRIA, CUBA and SUDAN, including any entities or
persons in those countries, either directly or indirectly (“Tyco’s Position”). You
also agree that you will not export, re-export or transfer the Restricted
Components to any other countries except in full compliance with all
applicable governmental requirements, including but not limited to applicable
economic sanctions and constraints administered by any Israeli
governmental authority, including, but not limited to the Israeli Ministry of
Defense, by any applicable treaty, applicable export control measures
administered by Israel , U.S. Treasury Department and applicable export
control measures administered by the U.S. Department of Commerce and
U.S. Department of State, any other U.S. government agencies, and
measures administered by the European Union or the government agencies
of any other countries. Any violation by you of the applicable laws or
regulations of the U.S. or any other government, or where you breach
Tyco’s Position notwithstanding whether or not this is contrary to any
aforementioned applicable laws or regulations, will result in automatic
termination of this EULA.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software 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 Visonic Ltd., 24
Habarzel St., Tel-Aviv, Israel 69710.
6. LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES.
a. 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 EULA, 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. BECAUSE AND TO THE EXTENT THAT SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS
OF LIABILITY ABOVE, THESE MAY NOT APPLY TO YOU.
b. EXCLUSION OF OTHER DAMAGES. UNDER NO CIRCUMSTANCES
SHALL TYCO OR ANY OF ITS RESELLERS OR LICENSORS BE LIABLE
FOR ANY OF THE FOLLOWING: (I) THIRD PARTY CLAIMS; (II) LOSS OR
DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, OR LIABILITIES
RELATED TO A VIOLATION OF AN INDIVIDUAL'S PRIVACY RIGHTS; OR
(III) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,
RELIANCE, OR COVER DAMAGES (INCLUDING WITHOUT LIMITATION,
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
BUSINESS INFORMATION AND LOST SAVINGS), IN EACH CASE EVEN
IF TYCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR
VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY
OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE
ABOVE LIMITATIONS MAY APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY THOSE LAWS.
GENERAL. If any provision of this EULA is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be severed from this
EULA and shall not affect the validity and enforceability of the remaining
provisions. You should retain proof of the license fee paid, including model
number, serial number and date of payment, and present such proof of
payment when seeking service or assistance covered by the warranty set
forth in this EULA. This EULA is governed by the laws of Israel, without giving
effect to any choice or conflict of law provision or rule that would cause the
application of the laws of any jurisdiction other than Israel. Each of the
Parties submits to the exclusive jurisdiction of any court sitting in Tel Aviv,
Israel for purposes of resolving any and all disputes arising under or related
to these terms and conditions. The parties specifically exclude the application
of the provisions of the United Nations Convention on Contracts for the
International Sale of Goods.
Email: info@visonic.com
Internet: www.visonic.com
© VISONIC LTD. 2017SD-304C PG2D-306615 (Rev.1 07/17)
D-306615 SD-304C PG2 Installation Instructions 2