IMPORTANT - READ CAREFULLY: DSC Software pur-
chased with or without Products and Components is
copyrighted and is purchased under the following
license terms:
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This End-User License Agreement ("EULA") is a legal agree-
ment between You (the company, individual or entity who
acquired the 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 com-
ponents ("HARDWARE") which You acquired.
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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 asso-
ciated media, printed materials, and "online" or electronic doc-
umentation.
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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.
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By installing, copying, downloading, storing, accessing or oth-
erwise using the SOFTWARE PRODUCT, You agree uncon-
ditionally to be bound by the terms of this EULA, even if this
EULA is deemed to be a modification of any previous arrange-
ment 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 inter-
national 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 sev-
eral workstations, You will have to acquire a license for each work-
station 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 Disas-
sembly - 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.
(b) Separation of Components - The SOFTWARE PRODUCT is
licensed as a single product. Its component parts may not be sep-
arated 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 ver-
sions of the SOFTWARE PRODUCT.
f) Termination - Without prejudice to any other rights, DSC may ter-
minate this EULA if You fail to comply with the terms and con-
ditions 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 con-
nection with any trademarks or service marks of DSC or its sup-
pliers.
3. 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 con-
tent. 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 Eng-
lish.
7. LIMITED WARRANTY
(a) 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.
(b) CHANGES IN OPERATING ENVIRONMENT - DSC shall not be
responsible for problems caused by changes in the operating char-
acteristics of the HARDWARE, or for problems in the interaction of
the SOFTWARE 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 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.