Appendix 7: Specifications
7.0.3 SOFTWARE PRODUCT LICENSE
The SOFTWAREPRODUCT isprotected bycopyright laws and internationalcopyright treaties, as wellas other intellectualpropertylaws and treaties. The SOFTWAREPRODUCT islicensed, not sold.
1. GRANT OF LICENSE This EULA grants You the following rights:
(a) Software Installation and Use - For each license You acquire, You may have only one copyof the SOFTWAREPRODUCT installed.
(b) Storage/NetworkUse - The SOFTWAREPRODUCT may not be installed, accessed, displayed, run, shared or used concurrentlyon or from different computers, including a workstation, terminalor other digitalelectronicdevice
(“Device”). In other words, if You have severalworkstations, You willhave to acquire a license for each workstation where the SOFTWAREwillbe used.
(c) Backup Copy - You may make back-up copies of the SOFTWAREPRODUCT, but You mayonlyhave one copyper license installed at anygiven time. You may use the back-up copysolely for archivalpurposes. Except as expressly
provided in this EULA, You may not otherwise make copies of the SOFTWAREPRODUCT, including the printed materialsaccompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Limitationson Reverse Engineering, Decompilation and Disassembly- You maynot reverse engineer, decompile, or disassemble the SOFTWAREPRODUCT, except and onlyto the extent that such activity isexpresslypermitted by
applicable law notwithstanding thislimitation. You may not make anychangesor modifications to the Software, without the written permission of an officer of DSC. You maynot remove anyproprietarynotices, marksor labelsfrom the
Software Product. You shallinstitute reasonable measures to ensure compliance with the termsand conditions of thisEULA.
(b) Separation of Components- The SOFTWAREPRODUCT islicensed asa single product. Itscomponent parts maynot be separated for use on more than one HARDWAREunit.
(c) Single INTEGRATED PRODUCT - If You acquired thisSOFTWAREwith HARDWARE, then the SOFTWARE PRODUCT is licensed with the HARDWARE asa single integrated product. In thiscase, the SOFTWAREPRODUCT may
onlybe used with the HARDWAREasset forth in this EULA.
(d) Rental-You maynot rent, lease or lend the SOFTWAREPRODUCT. You may not make it available to othersorpost it on a server or web site.
(e) Software Product Transfer - You maytransfer allof Your rights under this EULAonlyas part of a permanent sale or transfer of the HARDWARE, provided You retain no copies, You transferallof the SOFTWARE PRODUCT (including
allcomponent parts, the media and printed materials, anyupgradesand this EULA), and provided the recipient agrees to the termsof this EULA. If the SOFTWAREPRODUCT isan upgrade, anytransfer must also include all prior ver-
sionsof the SOFTWAREPRODUCT.
(f)Termination - Without prejudice to any other rights, DSC mayterminate this EULAif You fail to comply with the termsand conditionsof thisEULA. In such event, You must destroy allcopiesof the SOFTWAREPRODUCT and all of its
component parts.
(g) Trademarks-ThisEULAdoesnot grant You anyrightsin connection with any trademarksor service marks of DSC or itssuppliers.
3. COPYRIGHT -Alltitle and intellectualproperty rightsin and to the SOFTWAREPRODUCT (including but not limited to anyimages, photographs, and text incorporated into the SOFTWAREPRODUCT), the accompanying printed
materials, and anycopiesof the SOFTWAREPRODUCT, are owned by DSC oritssuppliers. You maynot copythe printed materials accompanying the SOFTWARE PRODUCT. Alltitle and intellectualpropertyrights in and to the con-
tent which may be accessed through use of the SOFTWARE PRODUCT are the propertyof the respective content owner and maybe protected byapplicable copyright or other intellectualproperty lawsand treaties. This EULAgrants
You no rights to use such content. All rightsnot expresslygranted under this EULAare reserved by DSC and itssuppliers.
4. EXPORT RESTRICTIONS- You agree that You willnot export or re-export the SOFTWAREPRODUCT to anycountry, person, or entitysubject to Canadian export restrictions.
5. CHOICEOFLAW- This Software License Agreement is governed bythe lawsof the Province of Ontario, Canada.
6. ARBITRATION - Alldisputes arising in connection with thisAgreement shallbe determined by finaland binding arbitration in accordance with the Arbitration Act, and the partiesagree to be bound bythe arbitrator’sdecision. The place
of arbitration shallbe Toronto, Canada, and the installation manualof the arbitration shallbe English.
7. LIMITED WARRANTY
(a) NO WARRANTY- DSC PROVIDESTHESOFTWARE“ASIS”WITHOUT WARRANTY. DSC DOESNOTWARRANT THAT THESOFTWAREWILL MEETYOUR REQUIREMENTSOR THAT OPERATION OF THE SOFTWAREWILL BE
UNINTERRUPTED OR ERROR-FREE.
(b) CHANGES IN OPERATINGENVIRONMENT - DSC shallnot be responsible for problems caused bychangesin the operating characteristicsof the HARDWARE, orfor problems in the interaction of the SOFTWARE PRODUCT with
non-DSC-SOFTWAREor HARDWAREPRODUCTS.
(c) LIMITATION OF LIABILITY; WARRANTYREFLECTSALLOCATION OF RISK-IN ANYEVENT, IF ANYSTATUTEIMPLIESWARRANTIESOR CONDITIONSNOTSTATED IN THIS LICENSEAGREEMENT, DSC’SENTIRELIABILITY
UNDER ANYPROVISION OFTHISLICENSEAGREEMENT SHALL BE LIMITED TOTHEGREATER OF THEAMOUNT ACTUALLYPAID BYYOU TO LICENSETHESOFTWARE PRODUCT AND FIVECANADIAN DOLLARS
(CAD$5.00). BECAUSESOMEJURISDICTIONS DO NOT ALLOWTHEEXCLUSION OR LIMITATION OF LIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEABOVELIMITATION MAYNOT APPLYTOYOU.
(d) DISCLAIMER OF WARRANTIES - THISWARRANTYCONTAINSTHEENTIREWARRANTYAND SHALL BEIN LIEU OF ANYAND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED
WARRANTIESOF MERCHANTABILITYOR FITNESSFOR APARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONSOR LIABILITIES ON THEPART OF DSC. DSC MAKESNO OTHER WARRANTIES. DSC NEITHER
ASSUMESNOR AUTHORIZESANYOTHER PERSON PURPORTINGTOACT ON ITSBEHALF TO MODIFYOR TO CHANGETHISWARRANTY, NOR TOASSUMEFOR IT ANYOTHER WARRANTYOR LIABILITYCONCERNING
THISSOFTWAREPRODUCT.
(e) EXCLUSIVEREMEDYAND LIMITATION OFWARRANTY- UNDER NO CIRCUMSTANCESSHALL DSC BE LIABLE FOR ANYSPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGESBASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY,OR ANYOTHER LEGAL THEORY. SUCH DAMAGESINCLUDE, BUT ARENOTLIMITED TO, LOSSOF PROFITS, LOSSOFTHESOFTWAREPRODUCT
OR ANYASSOCIATED EQUIPMENT, COST OF CAPITAL, COSTOF SUBSTITUTEOR REPLACEMENT EQUIPMENT, FACILITIESOR SERVICES, DOWN TIME, PURCHASERSTIME, THECLAIMSOF THIRD PARTIES, INCLUDING
CUSTOMERS, AND INJURYTO PROPERTY.
WARNING: DSC recommends that the entire system be completelytested on a regular basis. However, despite frequent testing, and due to, but not limited to, criminaltampering or electricaldisruption, it ispossible for this SOFTWARE
PRODUCT to failto perform asexpected.
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