User agreement/ w, Log warranty, Xl series – Xylem XL Series H-522 - Plus User Manual

Page 9: Ater

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User Agreement/

W

ATER

LOG Warranty

®

XL Series

User

Agreement/W

ATER

LOG Warranty W-1

®

1. NATURE OF THE PRODUCT
This agreement accompanies a

pressure measuring/data collection system

comprising firmware,

circuitry and other electronic equipment in an enclosed housing, and packaged together with written
instructional materials. The packaged electronic circuitry and instructional materials herein are
collectively referred to as the “PRODUCT.” The PRODUCT is made available from DESIGN
ANALYSIS ASSOCIATES, INC., of 75 West 100 South, Logan, Utah 84321 (hereinafter referred to as
“DESIGN ANALYSIS”), and contains information and embodies technology that is confidential and
proprietary to DESIGN ANALYSIS, and the availability and use of the PRODUCT is extended to you,
the USER, solely on the basis of the terms of agreement which follow.

2. ACKNOWLEDGMENTS BY USER
Opening the package which encloses the accompanying PRODUCT indicates your acceptance of the
terms and conditions of this agreement and constitutes an acknowledgment by you of the confidential and
proprietary nature of the rights of DESIGN ANALYSIS in the PRODUCT.

3. DUTIES OF YOU, THE USER
In consideration for the access to and use of the PRODUCT extended to you by DESIGN ANALYSIS
and to protect the confidential and proprietary information of DESIGN ANALYSIS, USER agrees as
follows:

(a)

USER agrees that they will not remove from the exterior of the housing of the
PRODUCT any safety warnings or notices of proprietary interest placed thereon by
DESIGN ANALYSIS.

(b)

USER agrees that they shall not disassemble or otherwise reverse engineer the
PRODUCT.

(c)

USER agrees to treat the PRODUCT with the same degree of care as USER exercises in
relation to their own confidential and proprietary information.

4. TERM
USER may enjoy these rights only as long as their possession of the PRODUCT shall continue to be
rightful. These rights will cease if the PRODUCT is returned to DESIGN ANALYSIS under the terms of
any redemption offer, warranty, or money-back guarantee, or if USER transfers the PRODUCT to
another party on terms inconsistent with this agreement.

5. LIMITED WARRANTY

(a) What is Covered
DESIGN ANALYSIS warrants that for a period of twelve months from the time of delivery the
functions to be performed by the PRODUCT will be substantially in compliance with USER
documentation. DESIGN ANALYSIS also warrants that the PRODUCT will be free from
defects in materials and workmanship for a period of ONE YEAR from the date of delivery.

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