MadgeTech OctTemp2000 Data Logger - Manual (Page 24)

Data Logger Manual
Page 23
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FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS SECTION, SELLER DOES
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INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ACCURACY, ADEQUACY OR
COMPLETENESS OF DATA MEASUREMENT, WITH RESPECT TO ANY OF THE SELLER
MANUFACTURED PRODUCTS, CONSUMABLES OR SOFTWARE, OR ANY OF THE SELLER
PROVIDED SERVICES.
Any drawings submitted with the Products are only to show the general style,
arrangement, and approximate dimensions of the Products.
B. Equipment, Consumables, Software and Services Manufactured or Provided by Others.
SELLER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY PARTICULAR PURPOSE, NONINFRINGEMENT OR ACCURACY,
ADEQUACY OR COMPLETENESS OF DATA MEASUREMENT, WITH RESPECT TO ANY
EQUIPMENT, COMPONENTS, PARTS, CONSUMABLES, SOFTWARE OR SERVICES SOLD TO
BUYER BY SELLER THAT ARE NOT MANUFACTURED OR PROVIDED BY SELLER. Seller shall
assign the manufacturer’s or service provider’s warranty applicable to such equipment,
components, parts, consumables, Software and services to the extent permitted, to Buyer.
Seller will provide Buyer with available warranty information.
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IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION
(WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER
TORT OR OTHERWISE), SHALL SELLER’S LIABILITY EXCEED THE PRICE ACTUALLY PAID BY
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22. Software License.
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concepts, methods, and ideas associated with those computer programs. The term also
includes all copies of any part of the software, as well as the manual(s) and printed materials
provided by Seller.
(B) Seller grants Buyer a non- exclusive, non-transferable license to use the Software,
in object code form only, according to the terms set forth below. Buyer may operate the
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is intended by Seller; and (iii) at Buyer’s plant site where the Product is first used. Buyer may
negotiate with Seller separate licenses to use the Software at other plant sites. Buyer’s use of
Software shall be governed exclusively by Seller’s and/or an third party owner’s applicable
license terms.
(C) Buyer shall not (i) make the Software available to any person or entity other than its