Software and any related Hardware) and Digital Security Controls, a
division of Tyco Safety Products Canada Ltd. (“DSC”), the
manufacturer of the integrated security systems and the developer of
the software and any related products or components
(“HARDWARE”) which You acquired.
If the DSC software product (“SOFTWARE PRODUCT” or
“SOFTWARE”) is intended to be accompanied by HARDWARE, and
is NOT accompanied by new HARDWARE, You may not use, copy or
install the SOFTWARE PRODUCT. The SOFTWARE PRODUCT
includes computer software, and may include associated media, printed
materials, and “online” or electronic documentation.
Any software provided along with the SOFTWARE PRODUCT that is
associated with a separate end-user license agreement is licensed to
You under the terms of that license agreement.
By installing, copying, downloading, storing, accessing or otherwise
using the SOFTWARE PRODUCT, You agree unconditionally to be
bound by the terms of this EULA, even if this EULA is deemed to be a
modification of any previous arrangement or contract. If You do not
agree to the terms of this EULA, DSC is unwilling to license the
SOFTWARE PRODUCT to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE This EULA grants You the following rights:
Software Installation and Use - For each license You acquire, You
may have only one copy of the SOFTWARE PRODUCT installed.
Storage/Network Use - The SOFTWARE PRODUCT may not be
installed, accessed, displayed, run, shared or used concurrently on or
from different computers, including a workstation, terminal or other
digital electronic device (“Device”). In other words, if You have
several workstations, You will have to acquire a license for each
workstation where the SOFTWARE will be used.
Backup Copy - You may make back-up copies of the SOFTWARE
PRODUCT, but You may only have one copy per license installed at
any given time. You may use the back-up copy solely for archival
purposes. Except as expressly provided in this EULA, You may not
otherwise make copies of the SOFTWARE PRODUCT, including the
printed materials accompanying the SOFTWARE.
DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
Limitations on Reverse Engineering, Decompilation and
Disassembly - You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not 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.
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.
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.
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.
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.
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.
Trademarks - This EULA does not grant You any rights in connection
with any trademarks or service marks of DSC or its suppliers.
COPYRIGHT - All title and intellectual property rights in and to the
SOFTWARE PRODUCT (including but not limited to any images,
photographs, and text incorporated 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.
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.
CHOICE OF LAW - This Software License Agreement is governed by
the laws of the Province of Ontario, Canada.
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.
LIMITED WARRANTY
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.
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.
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.
DISCLAIMER OF WARRANTIES - THIS WARRANTY
CONTAINS THE ENTIRE WARRANTY AND SHALL BE IN LIEU
OF ANY AND ALL OTHER WARRANTIES, WHETHER
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