Limited Warranty
Digital Security Controls warrants that for a period of 12 months
from the date of purchase, the product shall be free of defects in
materials and workmanship under normal use and that in fulfil-
ment of any breach of such warranty, Digital Security Controls
shall, at its option, repair or replace the defective equipment upon
return of the equipment to its repair depot. This warranty applies
only to defects in parts and workmanship and not to damage
incurred in shipping or handling, or damage due to causes beyond
the control of Digital Security Controls such as lightning, exces-
sive voltage, mechanical shock, water damage, or damage arising
out of abuse, alteration or improper application of the equipment.
The foregoing warranty shall apply only to the original buyer, and
is and shall be in lieu of any and all other warranties, whether
expressed or implied and of all other obligations or liabilities on
the part of Digital Security Controls. Digital Security Controls
neither assumes responsibility for, nor authorizes any other person
purporting to act on its behalf to modify or to change this war-
ranty, nor to assume for it any other warranty or liability concern-
ing this product. In no event shall Digital Security Controls be
liable for any direct, indirect or consequential damages, loss of
anticipated profits, loss of time or any other losses incurred by the
buyer in connection with the purchase, installation or operation or
failure of this product.
Warning: Digital Security Controls recommends that the entire
system be completely tested on a regular basis. However, despite
frequent testing, and due to, but not limited to, criminal tampering
or electrical disruption, it is possible for this product to fail to
perform as expected. Important: Changes or modifications not
expressly approved by Digital Security Controls could void the
user’s authority to operate this equipment.
IMPORTANT - READ CAREFULLY: DSC Software purchased with or
without Products and Components is copyrighted and is purchased under
the following license terms:
• This End-User License Agreement (“EULA”) is a legal agreement
between You (the company, individual or entity who acquired the Soft-
ware and any related Hardware) and Digital Security Controls, a divi-
sion 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 “SOFT-
WARE”) 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 materi-
als, 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 other-
wise using the SOFTWARE PRODUCT, You agree uncondition-
ally to be bound by the terms of this EULA, even if this EULA is
deemed to be a modification of any previous arrangement or con-
tract. 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 interna-
tional copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, 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 copy of the SOFTWARE PRODUCT installed.
(b) 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 worksta-
tions, You will have to acquire a license for each workstation where the
SOFTWARE will be used.
(c) 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.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Limitations on Reverse Engineering, Decompilation and Disassembly
- You may not reverse engineer, decompile, or disassemble the SOFT-
WARE 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.
(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 SOFT-
WARE 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 HARD-
WARE, provided You retain no copies, You transfer all of the SOFT-
WARE 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 SOFT-
WARE PRODUCT.
(f) Termination - Without prejudice to any other rights, DSC may termi-
nate 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, photo-
graphs, 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 copy-
right 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 Agree-
ment shall be determined by final and binding arbitration in accordance
with the Arbitration Act, and the parties agree to be bound by the arbitra-
tor’s decision. The place of arbitration shall be Toronto, Canada, and the
language of the arbitration shall be English.
7. LIMITED WARRANTY
(a) NO WARRANTY - DSC PROVIDES THE SOFTWARE “AS
IS” WITHOUT WARRANTY. DSC DOES NOT WARRANT
THAT THE SOFTWARE WILL MEET YOUR REQUIRE-
MENTS OR THAT OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE. (b) 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 SOFT-
WARE PRODUCT with non-DSC-SOFTWARE or HARDWARE
PRODUCTS. (c) 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 CANA-
DIAN DOLLARS (CAD$5.00). BECAUSE SOME JURISDIC-
TIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. (d) DISCLAIMER OF WARRANTIES - THIS WAR-
RANTY 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 FIT-
NESS FOR A PARTICULAR PURPOSE) AND OF ALL OTHER
OBLIGATIONS OR LIABILITIES ON THE PART OF DSC.
DSC MAKES NO OTHER WARRANTIES. DSC NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON PUR-
PORTING 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. (e) EXCLUSIVE REMEDY
AND LIMITATION OF WARRANTY - UNDER NO CIRCUM-
STANCES SHALL DSC BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
BASED UPON BREACH OF WARRANTY, BREACH OF CON-
TRACT, 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 ASSOCIATED EQUIP-
MENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, PURCHASERS TIME, THE CLAIMS OF
THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY
TO PROPERTY.
WAR NI NG
:
DSC recommends that the entire system be completely tested on a regular
basis. However, despite frequent testing, and due to, but not limited to,
criminal tampering or electrical disruption, it is possible for this SOFT-
WARE PRODUCT to fail to perform as expected.
