Tyco HSM2955 Guide D'installation page 8

If theDSC softwareproduct ("SOFTWARE PRODUCT"or "SOFTWARE") is intendedtobeaccompaniedby HARDWARE, andis NOT accompaniedby new HARDWARE, You may
not use, copy or installtheSOFTWARE PRODUCT. TheSOFTWARE PRODUCT includes computer software, andmay includeassociatedmedia, printedmaterials, and"online"or elec-
tronic documentation.
Any softwareprovidedalongwiththeSOFTWARE PRODUCT that is associatedwithaseparateenduser licenseagreement is licensedtoYouunder theterms of that licenseagreement.
By installing, copying, downloading, storing, accessingor otherwiseusingtheSOFTWARE PRODUCT, Youagree unconditionally tobeboundby theterms of this EULA, evenif this EULA
is deemedtobeamodification of any previous arrangement or contract. If Youdonot agree totheterms of this EULA, DSC is unwillingtolicense theSOFTWARE PRODUCT toYou, and
Youhavenoright touseit.
SOFTWARE PRODUCT LICENSE
TheSOFTWARE PRODUCT is protectedby copyright laws andinternationalcopyright treaties, as wellas other intellectualproperty laws and treaties. TheSOFTWARE PRODUCT is
licensed, not sold.
1. GRANT OF LICENSE. This EULA grants Youthefollowingrights:
(a) SoftwareInstallationandUse- For eachlicenseYouacquire, Youmay haveonly onecopy of theSOFTWARE PRODUCT installed.
(b) Storage/Network Use- TheSOFTWARE PRODUCT may not beinstalled, accessed, displayed, run, shared or used concurrently onor fromdifferent computers, including a work-
station, terminalor other digitalelectronic device("Device"). Inother words, if Youhaveseveralworkstations, You willhavetoacquirealicense for eachworkstationwherethe SOFTWARE
willbeused.
(c) BackupCopy - You may makeback upcopies of theSOFTWARE PRODUCT, but Youmay only haveone copy per licenseinstalledat any given time. Youmay usethe back up copy
solely for archivalpurposes. Except as expressly providedinthis EULA, Youmay not otherwise makecopies of theSOFTWARE PRODUCT, includingtheprintedmaterials accompanying
theSOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Limitations on ReverseEngineering, Decompilation andDisassembly - Youmay not reverseengineer, decompile, or disassembletheSOFTWARE PRODUCT, except and only to the
extent that suchactivity is expressly permitted by applicable law notwithstanding this limitation. You may not make any changes or modifications to theSoftware, without the written per-
missionof anofficer of DSC. Youmay not removeany proprietary notices, marks or labels fromthe SoftwareProduct. Youshallinstitutereasonable measures toensurecompliancewith the
terms andconditions of this EULA.
(b) Separationof Components - TheSOFTWARE PRODUCT is licensedas asingleproduct. Its component parts may not beseparatedfor useonmorethanoneHARDWARE unit.
(c) SingleINTEGRATED PRODUCT - If Youacquiredthis SOFTWARE withHARDWARE, thentheSOFTWARE PRODUCT is licensed withtheHARDWARE as asingle integ-
ratedproduct. Inthis case, theSOFTWARE PRODUCT may only beusedwiththeHARDWARE as set forthinthis EULA.
(d) Rental- Youmay not rent, leaseor lendtheSOFTWARE PRODUCT. Youmay not makeit availabletoothers or post it onaserver or website.
(e) SoftwareProduct Transfer - Youmay transfer allof Your rights under this EULA only as part of apermanent saleor transfer of theHARDWARE, providedYouretainnocopies, You trans-
fer allof theSOFTWARE PRODUCT (includingall component parts, themediaand printedmaterials, any upgrades andthis EULA), andprovided therecipient agrees tothe terms of this
EULA. If theSOFTWARE PRODUCT is anupgrade, any transfer must alsoincludeallprior versions of theSOFTWARE PRODUCT.
(f) Termination- Without prejudicetoany other rights, DSC may terminate this EULA if Youfailtocomply withtheterms and conditions of this EULA. Insuchevent, Youmust destroy all cop-
ies of theSOFTWARE PRODUCT andallof its component parts.
(g) Trademarks - This EULA does not grant Youany rights inconnectionwithany trademarks or servicemarks of DSC or its suppliers.
3. COPYRIGHT
Alltitleandintellectualproperty rights inandtotheSOFTWARE PRODUCT (includingbut not limitedtoany images, photographs, andtext incorporatedintotheSOFTWARE PRODUCT),
theaccompanying 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. Alltitleandintellectualproperty rights inandtothecontent which may beaccessedthroughuseof theSOFTWARE PRODUCT aretheproperty of the respect-
ivecontent owner andmay beprotectedby applicablecopyright or other intellectualproperty laws andtreaties. This EULA grants Younorights tousesuchcontent. Allrights not expressly gran-
tedunder this EULA arereservedby DSC andits suppliers.
4. EXPORT RESTRICTIONS
Youagreethat Youwillnot export or reexport theSOFTWARE PRODUCT toany country, person, or entity subject toCanadianexport restrictions.
5. CHOICE OF LAW: This SoftwareLicenseAgreement is governedby thelaws of theProvinceof Ontario, Canada.
6. ARBITRATION
Alldisputes arising inconnection withthis Agreement shallbe determinedby finalandbinding arbitrationin accordancewiththe ArbitrationAct, andthe parties agreeto bebound by the arbit-
rator's decision. Theplaceof arbitrationshallbeToronto, Canada, andthelanguageof thearbitrationshallbeEnglish.
7. LIMITED WARRANTY
(a) NO WARRANTY
DSC PROVIDES THE SOFTWARE "AS IS"WITHOUT WARRANTY. DSC DOES NOT WARRANT THAT THE SOFTWARE WILLMEET YOUR REQUIREMENTS OR
THAT OPERATION OF THE SOFTWARE WILLBE UNINTERRUPTED OR ERROR-FREE.
(b) CHANGES IN OPERATING ENVIRONMENT
DSC shallnot be responsiblefor problems causedby changes in theoperatingcharacteristics of theHARDWARE, or for problems in theinteractionof theSOFTWARE 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
CONSEQUENTIALOR INCIDENTALDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d) DISCLAIMER OF WARRANTIES
THIS WARRANTY CONTAINS THE ENTIRE WARRANTY AND SHALLBE IN LIEU OF ANY AND ALLOTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED
(INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS 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 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.
(e) EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY
UNDER NO CIRCUMSTANCES SHALLDSC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIALOR INDIRECT DAMAGES 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 ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PURCHASERS TIME, THE CLAIMS OaF THIRD PARTIES, INCLUDING CUSTOMERS,
AND INJURY TO PROPERTY.
WARNING: DSC recommends that theentiresystem becompletely tested onaregular basis. However, despite frequent testing, and dueto, but not limitedto, criminaltamperingor elec-
tricaldisruption, it is possiblefor this SOFTWARE PRODUCT tofailtoperformas expected.
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