make any changes or modifications to the Software, without the written permission of an officer of DSC. You may not remove any proprietary notices,
marks or labels from the Software Product. You shall institute reasonable measures to ensure compliance with the terms and conditions of this EULA.
(b)Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more
than one HARDWARE unit.
(c)Single INTEGRATED PRODUCT - If You acquired this SOFTWARE with HARDWARE, then the SOFTWARE PRODUCT is licensed with the
HARDWARE as a single integrated product. In this case, the SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this
EULA.
(d)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.
(e)Software Product Transfer - You may transfer all of Your rights under this EULA only as part of a permanent sale or transfer of the HARDWARE,
provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any
upgrades and this EULA), and provided the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer
must also include all prior versions of the SOFTWARE PRODUCT.
(f)Termination - Without prejudice to any other rights, DSC may terminate this EULA if You fail to comply with the terms and conditions of this
EULA. In such event, You must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
(g)Trademarks - This EULA does not grant You any rights in connection with any trademarks or service marks of DSC or its suppliers.
3. COPYRIGHT.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, and text incorpo-
rated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by DSC or its
suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE PRODUCT are the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly
granted under this EULA are reserved by DSC and its suppliers.
4. EXPORT RESTRICTIONS.
You agree that You will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to Canadian export restrictions.
5. CHOICE OF LAW:
This Software License Agreement is governed by the laws of the Province of Ontario, Canada.
6. ARBITRATION
All disputes arising in connection with this Agreement shall be determined by final and binding arbitration in accordance with the Arbitration Act, and
the parties agree to be bound by the arbitrator
’
s decision. The place of arbitration shall be Toronto, Canada, and the language of the arbitration shall be
English.
7. LIMITED WARRANTY
(i)NO WARRANTY
DSC PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY. DSC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
(j)CHANGES IN OPERATING ENVIRONMENT
DSC shall not be responsible for problems caused by changes in the operating characteristics of the HARDWARE, or for problems in the interaction of
the SOFTWARE PRODUCT with non-DSC-SOFTWARE or HARDWARE PRODUCTS.
(k)LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF RISK
IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT, DSC’S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE SOFTWARE PRODUCT AND FIVE CANADIAN DOLLARS (CAD$5.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(l)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 PARTIC-
ULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DSC. DSC MAKES NO OTHER WARRAN-
TIES. DSC 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.
(m)EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY
UNDER NO CIRCUMSTANCES SHALL DSC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAM-
AGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF THE SOFTWARE PRODUCT OR ANY
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