Alarm.com LTE
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 English.
LIMITED WARRANTY
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.
CHANGES IN OPERATING ENVIRONMENT -
shall not be responsible for problems caused by changes in the oper-
ating characteristics of the HARDWARE, or for problems in the inter-
action of the SOFTWARE PRODUCT with non-DSC- SOFTWARE
or HARDWARE PRODUCTS.
LIMITATION
OF
REFLECTS ALLOCATION OF RISK -
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
LIABILITY
FOR
CONSEQUENTIAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
DISCLAIMER OF WARRANTIES -
CONTAINS THE ENTIRE WARRANTY AND SHALL BE IN
LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR
PURPOSE)
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 MOD8IFY OR TO CHANGE THIS
WARRANTY, NOR TO ASSUME FOR IT ANY OTHER
WARRANTY
OR
LIABILITY
SOFTWARE PRODUCT.
EXCLUSIVE
REMEDY
WARRANTY -
UNDER NO CIRCUMSTANCES SHALL DSC
BE
LIABLE
FOR
CONSEQUENTIAL OR INDIRECT DAMAGES BASED UPON
BREACH OF WARRANTY,
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.
DSC recommends that the entire system be completely tested on a reg-
ular basis. However, despite frequent testing, and due to, but not lim-
ited to, criminal tampering or electrical disruption, it is possible for this
SOFTWARE PRODUCT to fail to perform as expected.
LIABILITY;
WARRANTY
IN ANY EVENT,
OR
INCIDENTAL
THIS WARRANTY
AND
OF
ALL
CONCERNING
AND
LIMITATION
ANY
SPECIAL,
INCIDENTAL,
BREACH OF
CONTRACT,
DSC
OF
OTHER
THIS
OF
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