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DSC TL280 - Eula

DSC TL280
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Items Not Covered by Warranty
In addition to the itemswhich void the Warranty, the following items shallnotbe
covered byWarranty:(i)freight cost to the repaircentre; (ii) productswhich are not
identified with DSC'sproduct labeland lot numberorserialnumber; (iii) products
disassembled orrepaired in such a mannerasto adverselyaffectperformance or
prevent adequate inspection ortesting to verify anywarrantyclaim. Accesscards
ortagsreturned for replacement underwarrantywillbe credited orreplaced at
DSC'soption. Productsnot covered bythiswarranty, orotherwise out of warranty
due to age, misuse, or damage shallbe evaluated, and a repairestimate shallbe
provided. No repairworkwillbe performed untila valid purchase order isreceived
fromthe Customerand a Return Merchandise Authorisation number(RMA) is
issued byDSC'sCustomer Service.
DigitalSecurityControlssliabilityforfailure to repair the productunderthiswar-
rantyafter a reasonable number of attemptswillbe limited to a replacement of the
product, asthe exclusive remedyfor breach of warranty. Under no circumstances
shallDigitalSecurityControlsbe liable for anyspecial, incidental, or consequential
damagesbased upon breach of warranty, breach of contract, negligence, strict
liability,oranyotherlegaltheory. Such damagesinclude, but are not limited to,
lossof profits, lossof the productoranyassociated equipment, cost of capital,
costof substitute orreplacement equipment, facilitiesorservices, down time, pur-
chaser’stime, the claimsof third parties, including customers, and injuryto prop-
erty.The lawsof some jurisdictionslimit or do not allow the disclaimer of
consequentialdamages. If the lawsof such a jurisdiction applyto anyclaimbyor
against DSC, the limitationsand disclaimerscontained here shallbe to the
greatestextent permitted bylaw. Some states do not allow the exclusion or lim-
itation of incidentalorconsequentialdamages, so that the above maynot apply
to you.
Disclaimer of Warranties
This warranty contains the entire warranty and shall be in lieu of any
and all other warranties, whether expressed or implied (including all
implied warranties of merchantability or fitness for a particular pur-
pose) And of all other obligations or liabilities on the part of Digital
Security Controls Digital Security Controls neither assumes respons-
ibility for, 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 product.
This disclaimer of warranties and limited warranty are governed by the
laws of the province of Ontario, Canada.
DigitalSecurityControlsrecommendsthat the entire systembe completelytested
on a regular basis.However, despite frequent testing, and due to, but not limited
to, criminaltampering orelectricaldisruption, it ispossible forthisproductto failto
performasexpected.
Out of Warranty Repairs
DigitalSecurityControlswillat itsoption repair or replace out-of-warrantyproducts
which are returned to itsfactoryaccording to the following conditions. Anyone
returning goodsto DigitalSecurityControlsmust firstobtain an authorization num-
ber. DigitalSecurityControlswillnot accept anyshipment whatsoeverfor which
prior authorization hasnot been obtained.
Productswhich DigitalSecurity Controlsdeterminesto be repairable willbe
repaired and returned. Aset fee which DigitalSecurityControlshaspre-
determined and which maybe revised fromtime to time, willbe charged for each
unit repaired.
Productswhich DigitalSecurity Controlsdeterminesnot to be repairable willbe
replaced bythe nearestequivalent productavailable at that time. The current
market price of the replacement product willbe charged foreach replacement
unit.
EULA
IMPORTANT -READ CAREFULLY: DSC Software purchased with orwithout
Productsand Components iscopyrighted and ispurchased under the following
license terms:
ThisEnd-UserLicense Agreement (“EULA”)isa legalagreement between You
(the company, individualor entitywho acquired the Software and anyrelated
Hardware) and DigitalSecurity Controls, a division of Tyco SafetyProducts
Canada Ltd. (“DSC”),the manufacturerof the integrated securitysystemsand
the developerof the software and anyrelated productsorcomponents
(“HARDWARE”)which You acquired.
If the DSC software product (“SOFTWAREPRODUCT” or “SOFTWARE”)isinten-
ded to be accompanied byHARDWARE, and is NOTaccompanied bynew
HARDWARE,You maynot use, copyorinstallthe SOFTWAREPRODUCT. The
SOFTWAREPRODUCT includes computer software, and mayinclude asso-
ciated media, printed materials, and online or electronicdocumentation.
Anysoftware provided along with the SOFTWAREPRODUCT that isassociated
with a separate end-userlicense agreement islicensed to You under the terms of
that license agreement.
Byinstalling, copying, downloading, storing, accessing orotherwise using the
SOFTWAREPRODUCT, You agree unconditionallyto be bound bythe termsof
thisEULA, even if thisEULAisdeemed to be a modification of anyprevious
arrangement orcontract. If You do not agree to the termsof thisEULA, DSC is
unwilling to license the SOFTWAREPRODUCT to You, and You have no right to
use it.
SOFTWARE PRODUCT LICENSE
The SOFTWAREPRODUCT isprotected bycopyright lawsand international
copyright treaties, aswellasotherintellectualpropertylawsand treaties. The
SOFTWAREPRODUCT islicensed, not sold.
1. GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use - Foreach license You acquire, You mayhave
onlyone copyof the SOFTWAREPRODUCT installed.
Storage/Network Use -The SOFTWAREPRODUCT maynot be installed,
accessed, displayed, run, shared orused concurrentlyon orfromdifferent com-
puters,including a workstation, terminalor otherdigitalelectronicdevice
(“Device”).In other words,if You have severalworkstations, You willhave to
acquire a license foreach workstation where the SOFTWAREwillbe used.
Backup Copy - You maymake back-up copiesof the SOFTWAREPRODUCT,
but You may onlyhave one copyperlicense installed at anygiven time. You may
use the back-up copysolelyfor archivalpurposes. Except asexpresslyprovided in
thisEULA, You maynot otherwise make copiesof the SOFTWAREPRODUCT,
including the printed materialsaccompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTSAND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disassembly -
You maynot reverse engineer, decompile, ordisassemble the SOFTWARE
PRODUCT, except and onlyto the extent that such activityisexpresslypermitted
byapplicable law notwithstanding thislimitation. You maynot make anychanges
ormodificationsto the Software, without the written permission of an officer of
DSC. You maynot remove anyproprietarynotices,marksorlabelsfromthe Soft-
ware Product. You shallinstitute reasonable measures to ensure compliance with
the termsand conditionsof thisEULA.
Separation of Components - The SOFTWAREPRODUCT islicensed asa
single product. Its component partsmaynot be separated for use on more than
one HARDWAREunit.
Single INTEGRATED PRODUCT -If You acquired thisSOFTWAREwith
HARDWARE,then the SOFTWAREPRODUCT islicensed with the HARDWARE
asa single integrated product. In thiscase, the SOFTWAREPRODUCT mayonly
be used with the HARDWAREasset forth in thisEULA.
Rental - You maynot rent, lease or lend the SOFTWAREPRODUCT. You may
not make it available to othersor post it on a serverorweb site.
Software Product Transfer - You maytransfer allof Your rightsunder thisEULA
onlyaspart of a permanent sale or transferof the HARDWARE,provided You
retain no copies, You transfer allof the SOFTWAREPRODUCT (including allcom-
ponent parts,the media and printed materials, anyupgradesand thisEULA),
and provided the recipient agreesto the termsof thisEULA. If the SOFTWARE
PRODUCT isan upgrade, anytransfermust also include allprior versions of the
SOFTWAREPRODUCT.
Termination -Without prejudice to anyother rights,DSC mayterminate this
EULAif You failto complywith the terms and conditionsof thisEULA. In such
event, You must destroy allcopiesof the SOFTWAREPRODUCT and allof itscom-
ponent parts.
Trademarks - ThisEULAdoesnot grant You anyrightsin connection with any
trademarksorservice marksof DSC orits suppliers.
3. COPYRIGHT
Alltitle and intellectualpropertyrightsin and to the SOFTWAREPRODUCT (includ-
ing but not limited to anyimages, photographs, and text incorporated into the
SOFTWAREPRODUCT), the accompanying printed materials, and anycopiesof
the SOFTWAREPRODUCT, are owned byDSC or itssuppliers.You maynot
copythe printed materialsaccompanying the SOFTWAREPRODUCT. Alltitle and
intellectualpropertyrightsin and to the content which maybe accessed through
use of the SOFTWAREPRODUCT are the property of the respective content
owner and may be protected byapplicable copyright orother intellectualproperty
lawsand treaties. ThisEULAgrants You no rights to use such content. Allrights
not expresslygranted under thisEULAare reserved byDSC and itssuppliers.
EXPORT RESTRICTIONS-You agree that You willnot export orre-export the
SOFTWAREPRODUCT to anycountry,person, or entitysubjectto Canadian
export restrictions.
CHOICEOFLAW - ThisSoftware License Agreement isgoverned bythe lawsof
the Province of Ontario, Canada.
ARBITRATION -Alldisputes arising in connection with thisAgreement shallbe
determined byfinaland binding arbitration in accordance with the Arbitration Act,
and the partiesagree to be bound bythe arbitrator’sdecision. The place of arbit-
ration shallbe Toronto, Canada, and the language of the arbitration shallbe
English.
LIMITED WARRANTY
NO WARRANTY - DSC PROVIDESTHESOFTWARE“ASIS”WITHOUT
WARRANTY.DSC DOESNOT WARRANTTHAT THESOFTWAREWILL MEET
YOUR REQUIREMENTSOR THATOPERATION OF THESOFTWAREWILL BE
UNINTERRUPTED OR ERROR-FREE.
CHANGES IN OPERATING ENVIRONMENT -DSC shallnot be responsible for
problemscaused bychangesin the operating characteristicsof the HARDWARE,
orforproblemsin the interaction of the SOFTWAREPRODUCT with non-DSC-
SOFTWAREor HARDWAREPRODUCTS.
LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF
RISK -IN ANYEVENT, IF ANYSTATUTEIMPLIESWARRANTIESOR
CONDITIONSNOT STATED IN THISLICENSEAGREEMENT, DSC’SENTIRE
LIABILITYUNDER ANYPROVISION OFTHISLICENSEAGREEMENT SHALL BE
LIMITED TO THEGREATER OF THEAMOUNT ACTUALLYPAID BYYOUTO
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