Yokogawa YFGW410 - Manual (Page 10)

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<Read Me First>
IM 01W02D01-11EN
YFGW410 Software License Agreement
IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING OR USING:
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND YOKOGAWA ELECTRIC
CORPORATION AND/OR ITS SUBSIDIARIES (COLLECTIVELY, "YOKOGAWA") FOR YOU TO
INSTALL OR USE YOKOGAWA YFGW410 SOFTWARE PRODUCT. BY VIEWING OR OTH-
ERWISE USING THE SOFTWARE PRODUCT THROUGH A STANDARD WEB BROWSER OF
CERTAIN OPERATING SYSTEMS, YOU AGREE TO BE BOUND BY THE TERMS AND CON-
DITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE
PRODUCT AND PROMPTLY CONTACT YOUR LOCAL DISTRIBUTOR.
IF YOU ARE NOT THE END USER OF THE SOFTWARE PRODUCT, YOU ARE REQUIRED
TO PRESENT THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE END USER
AND OBTAIN ITS CONSENT TO ABIDE BY THEM BEFORE IT STARTS TO USE THE SOFT-
WARE PRODUCT. SHOULD THERE BE ANY DISCREPANCY BETWEEN THIS AGREEMENT
AND ANY OTHER WRITTEN AGREEMENT MADE BETWEEN YOU AND YOKOGAWA, THE
LATTER SHALL PREVAIL.
1. Scope
1.1 This Agreement applies to the YFGW410 software products (the "Software Product"). The
Software Product consists of:
a) Standard Software Product: The software products listed in the catalogues or "General
Specifications" of Yokogawa.
b) Customized Software Product: The software products made by Yokogawa based on
individually agreed specifications, which will be used with or in addition to the function of
the Standard Software Product.
1.2 The Software Product includes, without limitation, computer programs, manuals and other
associated documents, databases, fonts, input data, and any images, photographs, anima-
tions, video, voice, music, text, and applets (software linked to text and icons) embedded in
the software.
1.3 Unless otherwise provided by Yokogawa, this Agreement applies to the updates and up-
grades of the Software Product.
2. Grant of License
2.1 Subject to the terms and conditions of this Agreement, Yokogawa hereby grants to you
a non-exclusive and non-transferable right to use the Software Product on the computer
specified by Yokogawa or if not specified, on a single computer and solely for your internal
operation use, in consideration of full payment by you to Yokogawa of the license fee sepa-
rately agreed upon.
2.2 Unless otherwise agreed or provided by Yokogawa in writing, the following acts are prohib-
ited:
a) to reproduce the Software Product;
b) to sell, lease, distribute, transfer, pledge, sublicense, make available via the network or
otherwise convey the Software Product or the license granted herein to any other person
or entity;
c) to use the Software Product on any unauthorized computer via the network;
d) to cause, permit or attempt to dump, disassemble, decompile, reverse-engineer, or
otherwise translate or reproduce the Software Product into source code or other human
readable format, or to revise or translate the Software Product into other language and
change it to other formats than that in which Yokogawa provided;
e) to cause, permit or attempt to remove any copy protection used or provided in the Soft-
ware Product; or
f) to remove any copyright notice, trademark notice, logo or other proprietary notices or
identification shown in the Software Product.
2.3 Any and all technology, algorithms, know-how and process contained in the Software Prod-
uct are the property or trade secret of Yokogawa or licensors to Yokogawa. Ownership of
and all the rights in the Software Product shall be retained by Yokogawa or the licensors and
none of the rights will be transferred to you hereunder.
2.4 You agree to maintain the aforementioned Yokogawa and the licensors property and trade
secret in strict confidence, not to disclose it to any party other than your employees, officers,
directors or similar staff who have a legitimate need to know to use the Software Product
and agreed in writing to abide by the obligations hereunder.