American Dynamics MegaPower 3200 Installation Guide download pdf (Page 67)

MEGAPOWER CPU 8200-0421-03, REV. G

ADMINISTRATOR’S GUIDE

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immediately destroy all copies of the SOFTWARE

PRODUCT and all of its component parts.

e. Subsequent EULA. Tyco may also supersede this EULA

with a subsequent EULA pursuant to providing you with any

future component, release, upgrade, or other modification or

addition to the SOFTWARE PRODUCT. Similarly, to the

extent that the terms of this EULA conflict with any prior

EULA or other agreement between you and Tyco regarding

the SOFTWARE PRODUCT, the terms of this EULA shall

prevail.

f. Trademarks. This EULA does not grant you any rights in

connection with any trademarks or service marks of Tyco, its

affiliates, or its suppliers.

g. 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.

4. EXPORT RESTRICTIONS

You agree that you will not export or re-export any portion of the

SOFTWARE PRODUCT, or any direct product thereof (the

foregoing collectively referred to as the "Restricted

Components"), to any country, person or entity subject to U.S.

export restrictions. You specifically agree not to export or re-

export any of the Restricted Components (i) to any country to

which the U.S. has embargoed or restricted the export of goods

or services, which currently include, but are not necessarily

limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria,

or to any national of any such country, wherever located, who

intends to transmit or transport the Restricted Components back

to such country; (ii) to any person or entity who you know or

have reason to know will utilize the Restricted Components in

the design, development or production of nuclear, chemical or

biological weapons; or (iii) to any person or entity who has been

prohibited from participating in U.S. export transactions by any

federal agency of the U.S. government. You warrant and

represent that neither the U.S. Commerce Department, Bureau of

Export Administration nor any other U.S. federal agency has

suspended, revoked or denied your export privileges.

5. U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is Commercial Computer

Software provided with "restricted rights" under Federal

Acquisition Regulations and agency supplements to them. Any

use, duplication or disclosure by the U.S. Government is subject

to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights

in Technical Data and Computer Software clause at DFAR

255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a)

through (d) of the Commercial Computer Software Restricted

Rights at FAR 52.227-19, as applicable, or similar clauses in the

NASA FAR Supplement. Contractor/manufacturer is

Sensormatic Electronics Corporation, One Town Center Road,

Boca Raton, FL 33486.

6. CHOICE OF LAW

This Software License Agreement is governed by the laws of the

State of Florida and the parties hereby irrevocably agree that they

submit themselves to the personal jurisdiction of the state and

federal courts of Florida for purposes of resolving any and all

disputes arising under or related to these terms and conditions.

7. LIMITED WARRANTY

a. "AS IS" WARRANTY. TYCO PROVIDES THE

SOFTWARE "AS IS" WITHOUT WARRANTY,

EXPRESS, IMPLIED OR STATUTORY, INCLUDING

BUT NOT LIMITED TO ANY IMPLIED WARRANTIES

OR CONDITIONS OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, LACK OF VIRUSES,

AND LACK OF NEGLIGENCE OR LACK OF

WORKMANLIKE EFFORT. ALSO, THERE IS NO

WARRANTY OR CONDITION OF TITLE, QUIET

ENJOYMENT, OR NONINFRINGEMENT. THE ENTIRE

RISK ARISING OUT OF THE USE OR PERFORMANCE

OF THE SOFTWARE PRODUCT IS WITH YOU. TYCO

DOES NOT WARRANT THAT THE OPERATION OF

THE SOFTWARE PRODUCT WILL BE

UNINTERRUPTED OR ERROR FREE. TYCO DOES NOT

WARRANT THAT THE SOFTWARE PRODUCT WILL

MEET YOUR REQUIREMENTS OR THAT OPERATION

OF THE SOFTWARE PRODUCT WILL BE

UNINTERRUPTED OR ERROR-FREE. TYCO SHALL

NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY

CHANGES IN THE OPERATING CHARACTERISTICS

OF THE DEVICE(S) UPON WHICH THE SOFTWARE

PRODUCT IS OPERATING, OR FOR PROBLEMS IN

THE INTERACTION OF THE SOFTWARE PRODUCT

WITH NON-TYCO SOFTWARE OR HARDWARE

PRODUCTS. TYCO 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.

b. LIMITATION OF LIABILITY. UNDER NO

CIRCUMSTANCES SHALL TYCO BE LIABLE FOR

ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,

DIRECT OR 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 OF THIRD

PARTIES, INCLUDING CUSTOMERS, AND INJURY TO

PROPERTY. IN ANY EVENT, IF ANY STATUTE

IMPLIES WARRANTIES OR CONDITIONS NOT

STATED IN THIS EULA, TYCO'S ENTIRE LIABILITY

UNDER ANY PROVISION OF THIS LICENSE

AGREEMENT SHALL BE LIMITED TO THE AMOUNT

ACTUALLY PAID BY YOU TO LICENSE THE

SOFTWARE PRODUCT. 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.

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