Digital Monitoring Products Canadain XR500 Guide de l'utilisateur Page 4

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System Link User’s Guide
iv
3. Fees
You agree to pay the then-current license fee associated with obtaining a copy of the Software Product. Your Provider reserves
the right to modify its fee schedule with or without notice. For instance, each of one copy of either the native Remote Link™
product or the native System Link™ product will be provided pursuant to a one-time license fee set by the applicable provider
thereof. “Plug-in” modules for either will be provided pursuant to a license fees computed on a basis such as the following:
Plug-in module licensee will pay a license fee according to (the reporting requirements therefor stated above) the total number
of account numbers that are reporting into that licensee’s System Link™ or Remote Link™ copy wherein the license fee schedule
for such a “Plug-in” module will vary according to whether between 1-10 accounts are reporting, 11-50 accounts are reporting,
51-100 accounts are reporting, 101-500 accounts are reporting, 501-1000 accounts are repting, 1001-2500 accounts are
reporting, 2501-5000 accounts are reporing, or in excess of 5000 accounts are reporting.
4. 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.
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 computer.
Trademarks. This SPLA does not grant you any rights in connection with any trademarks or service marks of your Provider or
DMP.
Termination. Without prejudice to any other rights, your Provider may terminate this SPLA if you fail to comply with the terms
and conditions of this SPLA. In such event, you must destroy all copies of the Software Product and all of its component parts.
Back-up Copy. A System Link™ licensee, after installation of one copy of the System Link™ product pursuant to this SPLA, may
keep the original media on which the System Link™ was provided by Provider solely for backup or archival purposes, or make
one other backup or archival copy only solely for backup or archival purposes. Except as expressly provided in this SPLA, no
licensee may otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
5. Limited Warranty
DMP warrants that the Software Product will perform substantially in accordance with the accompanying written materials for a
period of Three (3) Years from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer
of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (THREE (3) YEARS). AS TO ANY DEFECTS DISCOVERED AFTER THE THREE (3) YEAR PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on duration of an implied warranty,
so the above limitation may not apply to you. Any supplements, updates, plug-ins, or enhancement modules to the Software
Product, including without limitation, any (if any) service pack or Software Update fixes provided to you after the expiration of
the Three (3) Year Limited Warranty period are not covered by any warranty or condition, express or implied.
6. Limitation on Remedies; No Consequential or Other Damages
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by DMP,
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product
does not meet DMP's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its
essential purpose. The terms “Exclusion of Incidental, Consequential and Certain Other Damages” below are also incorporated
into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to state/jurisdiction.
7. Your Exclusive Remedy
DMP's and its authorized representative’s' entire liability and your exclusive remedy shall be, at DMP's option from time to time,
(a) return of the price paid (if any) for, or (b) repair or replacement of, the Software Product that does not meet this Limited
Warranty and that is returned to DMP with proof of license fee(s) paid. You will receive the remedy elected by DMP without
charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to DMP).
This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use
or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or One (1)
Year, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services
offered by DMP are available without proof of license fee(s) paid from an authorized international source.
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