Appendix 7: Specifications
(e) Software Product Transfer - You maytransfer allof Your rights under this EULAonly aspart of a permanent sale or transferof the HARDWARE, provided You retain no copies, You transferallof the SOFTWAREPRODUCT (including
allcomponent parts, the media and printed materials,any upgrades and this EULA), and provided the recipient agreesto the terms of thisEULA. If the SOFTWAREPRODUCT isan upgrade, any transfermustalso include allprior ver-
sionsof the SOFTWAREPRODUCT.
(f)Termination -Without prejudice to anyother rights, DSC mayterminate this EULAif You failto complywith the termsand conditions of this EULA.In such event, You must destroy allcopiesof the SOFTWAREPRODUCT and allof its
component parts.
(g) Trademarks-ThisEULAdoesnot grant You any rightsin connection with anytrademarks orservice marksof DSC or itssuppliers.
3. COPYRIGHT -Alltitle and intellectualpropertyrights in and to the SOFTWAREPRODUCT (including but not limited to anyimages, photographs, and text incorporated into the SOFTWAREPRODUCT), the accompanying printed
materials, and any copies of the SOFTWAREPRODUCT, are owned byDSC or itssuppliers. You may not copythe printed materials accompanying the SOFTWAREPRODUCT. Alltitle and intellectualpropertyrights in and to the con-
tent which maybe accessed through use of the SOFTWAREPRODUCT are the property of the respective content ownerand may be protected by applicable copyright or otherintellectual property lawsand treaties. This EULAgrants
You no rights to use such content. Allrights not 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 this Agreement shallbe determined byfinal and binding arbitration in accordance with the Arbitration Act, and the partiesagree to be bound by the arbitrator’sdecision. The place
of arbitration shallbe Toronto, Canada, and the installation manualof the arbitration shall be English.
7. LIMITED WARRANTY
(a) NO WARRANTY- DSC PROVIDES THESOFTWARE“ASIS” WITHOUT WARRANTY. DSC DOESNOTWARRANT THAT THESOFTWAREWILL MEET YOUR REQUIREMENTSOR THAT OPERATION OF THESOFTWAREWILL BE
UNINTERRUPTED OR ERROR-FREE.
(b) CHANGESIN OPERATING ENVIRONMENT- DSC shallnot be responsible for problemscaused bychanges in the operating characteristicsof the HARDWARE, or for problemsin the interaction of the SOFTWAREPRODUCT with
non-DSC-SOFTWAREor HARDWAREPRODUCTS.
(c) LIMITATION OF LIABILITY; WARRANTYREFLECTSALLOCATION OFRISK-IN ANYEVENT, IF ANYSTATUTEIMPLIESWARRANTIESOR CONDITIONSNOTSTATED IN THISLICENSEAGREEMENT, DSC’SENTIRELIABILITY
UNDER ANYPROVISION OF THISLICENSEAGREEMENTSHALL BELIMITED TO THE GREATER OFTHEAMOUNT ACTUALLYPAID BYYOU TO LICENSETHE SOFTWAREPRODUCT AND FIVECANADIAN DOLLARS
(CAD$5.00). BECAUSESOMEJURISDICTIONSDO NOTALLOWTHEEXCLUSION OR LIMITATION OF LIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEABOVELIMITATION MAYNOTAPPLYTO YOU.
(d) DISCLAIMER OF WARRANTIES-THISWARRANTYCONTAINSTHEENTIRE WARRANTYAND SHALL BEIN LIEU OF ANYAND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED
WARRANTIESOF MERCHANTABILITYOR FITNESSFOR APARTICULAR PURPOSE) AND OFALL OTHER OBLIGATIONS OR LIABILITIESON THEPART OF DSC. DSC MAKESNO OTHER WARRANTIES. DSC NEITHER
ASSUMESNOR AUTHORIZESANYOTHER PERSON PURPORTING TO ACT ON ITSBEHALF TOMODIFYOR TOCHANGETHISWARRANTY, NOR TO ASSUMEFOR IT ANYOTHER WARRANTYOR LIABILITYCONCERNING
THISSOFTWAREPRODUCT.
(e) EXCLUSIVEREMEDYAND LIMITATION OF WARRANTY-UNDER NOCIRCUMSTANCESSHALL DSC BELIABLEFOR ANYSPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGESBASED UPON BREACH OF
WARRANTY, BREACH OFCONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANYOTHER LEGAL THEORY. SUCH DAMAGESINCLUDE, BUT ARENOTLIMITED TO, LOSSOF PROFITS, LOSSOF THESOFTWAREPRODUCT
OR ANYASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTEOR REPLACEMENT EQUIPMENT, FACILITIESOR SERVICES, DOWN TIME, PURCHASERS TIME, THECLAIMSOF THIRD PARTIES, INCLUDING
CUSTOMERS,AND INJURY TO PROPERTY.
WARNING: DSC recommendsthat the entire system be completely tested 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 as expected.
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