Ademco - PassPoint Access Control User Manual

PassPoint Express GUIDE Access Control Kits 5 98 NOTICE product complies with Standards of UL294 only It has not been tested compliance with Standards of UL1076 The burglary features of this are only supplemental to the product access control features used in this documentation such as zones perimeter etc are not of UL approved burglary features These terms apply only to control applications of this product and the product burglary that have not been approved by UL DEVICE MANUFACTURING COMPANY Division of Pittway Corporation Eileen Way Syosset NY 11791 LICENSE AGREEMENT should carefully read the following terms and conditions BY BREAKING THE SEAL ON THIS YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT If you do not consent to bound by this License Agreement you must promptly return the unopened package to the person whom you purchased it within fifteen 15 days from date of purchase and your money will be to you by that person If the person from whom you purchased this Software fails to refund money contact ADEMCO immediately at the address set out above GRANT OF LICENSE Subject to all terms and conditions hereof Alarm Device Manufacturing Company a division of Corporation ADEMCO does hereby grant to the purchaser the Licensee upon payment in full of the published fee or other license fee agreed to in writing the License Fee a nontransferable nonexclusive license to use the software Licensed Programs provided herewith in Licensee own business on a single computer for a term on the date of payment in full of the License Fee and continuing in perpetuity unless terminated in accordance the terms hereof PROPRIETARY RIGHTS Licensee hereby acknowledges that the Licensed Programs including the algorithms contained are proprietary to ADEMCO Licensee shall not sell transfer disclose display or otherwise make available any Programs or copies or portions thereof to any other entity Licensee agrees to secure and protect the Licensed so as to maintain the proprietary rights of ADEMCO therein including appropriate instructions to and agreements its employees DOCUMENTATION The documentation supplied with the Licensed Programs is the copyright property of ADEMCO shall not under any circumstances divulge or permit to be divulged such documentation to any other entity COPIES Licensee shall not copy in whole or in part the Licensed Programs or documentation provided however that shall be permitted to make one 1 copy of the Licensed Programs solely for backup purposes provided that all notices are reproduced thereon Any such copy shall remain part of the Licensed Programs and shall be subject to Agreement OBJECT CODE Licensee understands and acknowledges that the Licensed Programs consist of object code only and that shall not supply source code versions of the Licensed Programs Licensee shall not create or attempt to create by de or otherwise the source code for the Licensed Programs or any part thereof SECURITY Licensee acknowledges that the Licensed Programs are security related and access to the Licensed Software be limited to authorized individuals Licensee assumes full responsibility for use of the Licensed Programs whether by or unauthorized individuals Licensee agrees that the License Fee has been set in reliance upon indemnities and the on liability contained herein and that such provisions are fair and not unconscionable LIMITED WARRANTY ADEMCO warrants that the Licensed Programs will conform to the functions described in the user documentation provided herewith for ninety 90 days from the date of original purchase THE WARRANTY ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY BY ADEMCO ALL OTHER OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED BY ADEMCO AND WAIVED BY LICENSEE Other than the limited warranty stated above the risk as to the use quality and performance of the Licensed Programs is with Licensee ADEMCO does not represent that Licensed Programs may not be compromised or circumvented that the Licensed Programs will prevent any personal injury property loss by burglary robbery fire or otherwise or that the Licensed Programs will in all cases provide adequate or protection Licensee understands that a properly installed and maintained alarm may only reduce the risk of a robbery or fire without warning but is not insurance or a guarantee that such will not occur or that there will be no injury or property loss as a result ADEMCO does not warrant that the Licensed Programs will meet Licensee or that the operation of the Licensed Programs will be uninterrupted or error free SOME STATES DO NOT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH FROM STATE TO STATE LIMITATION OF REMEDIES Licensee exclusive remedy shall be either the replacement of any diskette not meeting the warranty set forth above and which is returned to ADEMCO with a copy of Licensee paid invoice or if ADEMCO is to deliver a replacement diskette which is free of defects Licensee may terminate this Agreement by returning the Programs and thereupon the License Fee shall be refunded ADEMCO shall have no obligation under this Limited if the Licensed Programs are altered or improperly repaired or serviced by anyone other than ADEMCO factory For warranty service return Licensed Programs transportation prepaid to ADEMCO Factory Service 165 Eileen Syosset NY 11791 ADEMCO SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLICATIONS UNDER AGREEMENT OR WITH RESPECT TO AUTHORIZED OR UNAUTHORIZED USE OF THE LICENSED OR OTHERWISE WHETHER BASED IN CONTRACT TORT OR UPON ANY OTHER LEGAL THEORY CONSEQUENTIAL EXEMPLARY OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO FOR PERSONAL INJURY PROPERTY DAMAGE ECONOMIC LOSS OR CLAIMS OF THIRD PARTIES CUSTOMERS OF LICENSEE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH In no event shall ADEMCO liability whether direct or indirect for any claim under this Agreement or regardless of cause or origin exceed the License Fee SOME STATES DO NOT ALLOW THE LIMITATION OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION EXCLUSION MAY NOT APPLY TO YOU REGISTRATION In order to qualify to receive notification of ADEMCO updates to the Licensed Programs Licensee complete and return the enclosed Registration Form to ADEMCO within twenty 20 days from date of purchase ADEMCO is under no obligation to release updates to the Licensed Programs TERMINATION Upon the breach or non compliance with any term or provision of this Agreement ADEMCO shall the right to terminate the license granted hereby by written notice to Licensee Upon such termination Licensee shall turn over to ADEMCO all copies of the Licensed Programs and any documentation supplied in connection Such remedy shall be in addition to and cumulative to any other remedies ADEMCO may have at law or in equity respect to such breach or non compliance GENERAL This agreement is the complete and exclusive statement of the understanding of the parties involved with to the transaction contemplated hereby and supersedes any and all prior proposals understandings and agreements Agreement may not be modified or altered except by a written instrument signed by Licensee and an authorized of ADEMCO Licensee may not assign or sublicense without the prior written consent of ADEMCO its rights or obligations under this Agreement to any person or entity in whole or in part If any provision of this Agreement is under any applicable statute or rule of law it is to that extent to be deemed omitted This Agreement and the hereunder shall be governed by the laws of the State of New York and the sole venue for suit shall be in an state or federal court located in the State and City of New York The failure of ADEMCO to exercise in any any rights provided for herein shall not be deemed a waiver of such right or any further right hereunder No action of form arising in connection with this Agreement may be brought more than two 2 years after the date such cause action shall have arisen ADEMCO shall have the right to collect from Licensee any expenses incurred including attorneys in enforcing its right under this Agreement of 1 1 This Guide 1 2 Is PassPoint Express 1 3 Express