license.txt part of Honeywell HSK100, HSK200, HSK20PC Honeywell.part01.rar, Honeywell Home Security System Software (without AVI's) text manual preview

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READ THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY AND LIMITATION OF LIABILITY CAREFULLY BEFORE INSTALLING ANY PART OF THIS HOME CONTROL SYSTEM (THE "SYSTEM").

BY INSTALLING THE SOFTWARE OR ANY PORTION OF THE EQUIPMENT THAT COMPRISES THE SYSTEM, YOU ARE ACCEPTING, AND AGREEING TO, THE TERMS OF THIS LIMITED WARRANTY AND LIMITATIONS OF LIABILITY. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY AND LIMITATIONS OF LIABILITY, YOU SHOULD PROMPTLY RETURN THE SYSTEM TO THE PLACE OF PURCHASE, AND YOU WILL RECEIVE A FULL REFUND OF THE PURCHASE PRICE.

THIS LIMITED WARRANTY AND LIMITATION OF LIABILITY AND THE LICENSE AGREEMENT THAT FOLLOWS REPRESENT THE ENTIRE AGREEMENT CONCERNING THE SYSTEM BETWEEN YOU AND HONEYWELL INC., ITS AFFILIATES, SUBSIDIARIES, AND ANY OTHER COMPANY OR ENTITY WHICH, IN ADDITION TO HONEYWELL INC., IS AUTHORIZED TO PROMOTE OR MARKET THE PROGRAM OR SYSTEM OF WHICH IT IS A PART (COLLECTIVELY, "HONEYWELL"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. Limited Warranty. Honeywell warrants that a) any software included as part of the System will perform substantially in accordance with the written materials included with the System (the "User's Manual") for a period of ninety (90) days from the date of purchase; and b) any hardware included as part of the System will be free from defects in material and workmanship under normal use for a period of one (1) year from the date of purchase. If, during the applicable warranty period, either the software or the hardware does not operate in compliance with the User's Manual, your exclusive remedy will be, at Honeywell's sole option, either a) a return of the purchase price paid by you; or b) repair or replacement of the software or hardware that does not operate in compliance with the User's Manual; provided that the software or hardware is returned to the place of purchase, or some other location designated by Honeywell, with proof of purchase. This limited warranty will not apply if the damage or malfunction occurs through no fault of Honeywell while the system is in your possession, or occurs because the system has been altered, abused, misused, or tampered with, or has been operated or used contrary to the operating instructions. This warranty does not cover damage resulting from unauthorized attempts to repair or from any use not in accordance with the User's Manual. Any replacement software or hardware provided by Honeywell pursuant to the terms of this Limited Warranty will be warranted for the remainder of the original warranty period or for thirty (30) days from the date of receipt, whichever is longer. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Honeywell of any warranties made under this Agreement.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Some states do not allow limitations on how long an implied warranty will last, so the above limitations may not apply to you.

WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTY, HONEYWELL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, THAT EITHER THE PROGRAM SUPPLIED OR THE SYSTEM OF WHICH IT IS A PART MAY NOT BE COMPROMISED, OR THAT THE SYSTEM OR PROGRAM WILL IN EVERY CASE PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. IN NO EVENT WILL HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

If any part of the System does not perform substantially in accordance with the User's Manual, you may return that part, or the entire System, to the place of purchase in accordance with store policy, or you may return the non-compliant part or System along with proof-of-purchase and a brief description of the problem to the following address:

Honeywell Consumer Products Business
Distribution Center
4755 Southpointe Dr.
Memphis, TN 38115
Attention: Repair Department

Please include your name, address, and daytime telephone number. You must prepay shipping charges. Direct any questions or comments to Honeywell Consumer Products Business, Consumer Relations Department, at 1-800-554-4558, or mail questions or comments to the following address:

Honeywell Consumer Products Business
Consumer Relations Dept.
250 Turnpike Rd.
Southborough, MA 01772
USA

2. Limitation of Liability. YOU AGREE THAT YOU RETAIN THE SOLE RESPONSIBILITY FOR THE LIFE AND HEALTH OF PERSONS ON OR NEAR THE PREMISES IN WHICH THE SYSTEM IS INSTALLED (THE "PREMISES"). BY INSTALLING THE PROGRAM AND/OR INSTALLATION OF THE HARDWARE ON THE PREMISES, AND THEREBY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT HONEYWELL IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES WHICH ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OF THE SYSTEM OR NON-OPERATION OF THE SYSTEM, INCLUDING CASES WHERE THE SYSTEM NEVER FUNCTIONS WHETHER DUE TO DEFECTS IN THE SYSTEM OR HONEYWELL'S ACTS OR OMISSIONS. YOU FURTHER ACKNOWLEDGE THAT THIS SYSTEM WILL NOT BE MONITORED IN ANY WAY BY HONEYWELL OR ANY THIRD PARTY. You agree that Honeywell is not an insurer and that insurance, if any, covering personal injury and other losses, shall be obtained by you. You further agree that it would be impractical and extremely difficult to fix actual damages which may arise in situations where there may be a failure of the system, due to many factors, including, but not limited to, the uncertain value of your property or the property of others on the premises, the inability of Honeywell to guarantee police, fire department and medical alert response time and establishing a causal connection between the system problems and your possible loss. Therefore, IF ANY LIABILITY IS IMPOSED ON HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES FOR PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS, SUCH LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).

Since it is agreed that you retain the sole responsibility for the life and safety of all persons on your premises, and for protecting against personal injury and losses to your property and the property of others on your premises, you agree to indemnify and hold harmless Honeywell from and against all claims, lawsuits and losses by persons not a party to this agreement, alleged to be caused by the improper operation or non-operation of the system, including cases where the system never functions whether due to defects in the system or Honeywell's acts or omissions.

3. Trademark. Honeywell is a registered trademark of Honeywell Inc. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

4. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Minnesota.

5. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

6. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE YOU HAVE PURCHASED AS PART OF THIS HOME CONTROL SYSTEM (THE "SYSTEM").

BY INSTALLING THE SOFTWARE, YOU ARE ACCEPTING, AND AGREEING TO, THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE PACKAGE, AND YOU WILL RECEIVE A FULL REFUND OF THE PURCHASE PRICE.

THIS LICENSE AGREEMENT AND THE PRECEDING LIMITED WARRANTY AND LIMITATION OF LIABILITY REPRESENT THE ENTIRE AGREEMENT CONCERNING THE SYSTEM BETWEEN YOU AND HONEYWELL INC., ITS AFFILIATES, SUBSIDIARIES, AND ANY OTHER COMPANY OR ENTITY WHICH, IN ADDITION TO HONEYWELL INC., IS AUTHORIZED TO PROMOTE OR MARKET THE PROGRAM OR SYSTEM OF WHICH IT IS A PART (COLLECTIVELY REFERRED TO HEREIN AS "HONEYWELL"), AND THEY SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. License Grant. Honeywell hereby grants you, and you hereby accept, a nonexclusive license to use the program diskettes and/or CD (collectively, the "Program Diskettes") and the computer programs contained therein in machine-readable, object code form only (collectively, the "Software"), and the accompanying user documentation (the "Users Manual"), only as authorized in this License Agreement. The Software is copyrighted and licensed (not sold). The Software may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.

Upon loading the Software into your computer, you may retain the Program Diskettes for backup purposes. In addition, you may make one copy of the Software on a second set of diskettes (or on cassette tape) for the purpose of backup in the event the Program Diskettes are damaged or destroyed. You may make one copy of the User's Manual for backup purposes. Any such copies of the Software or the User's Manual shall include Honeywell's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by you or any person under your authority or control.

2. Honeywell's Rights. You acknowledge and agree that the Software and the User's Manual are proprietary products owned by Honeywell and protected under state and federal law, including but not limited to U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with Honeywell. This License Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3. Term. This License Agreement is effective upon your installation of the Software and shall continue until terminated. You may terminate this License Agreement at any time by returning the Software and the System of which it is a part and all copies thereof and extracts therefrom to Honeywell. Honeywell may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Honeywell, you agree to return to Honeywell the Software and all copies and portions thereof and the System of which it is a part.

4. Trademark. Honeywell is a registered trademark of Honeywell Inc. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

5. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Minnesota.

6. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

7. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.