Yokogawa YFGW410 - Manual (Page 11)

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IM 01W02D01-11EN
2.5 Upon expiration or termination of this Agreement, the Software Product and its copies
shall be returned to Yokogawa and any copies retained in your computer or media shall be
deleted irretrievably. If you dispose of media in which the Software Product or its copy is
stored, the contents shall be irretrievably deleted.
2.6 The Software Product may contain software which Yokogawa is granted a right to subli-
cense by third party suppliers ("Third Party Software"). If suppliers of the Third Party Soft-
ware ("Supplier") provide special terms and conditions for the Third Party Software which
differ from this Agreement, you agree to abide by such terms and conditions separately
provided by Yokogawa.
3. Restrictions on Application
3.1 Unless otherwise agreed in writing between you and Yokogawa, the Software Product is not
intended, designed, produced or licensed for aircraft operation or control, ship navigation or
marine equipment control, or ground facility or device for support of the aforesaid operation
or control, nor for planning, construction, maintenance or operation of any nuclear related
facility.
3.2 If the Software Product is used for the abovementioned purposes, neither Yokogawa nor
Supplier assumes liability for any claim or damage arising from the said use and you shall
indemnify and hold Yokogawa, Supplier, their affiliates, subcontractors, officers, directors,
employees and agents harmless from any liability or damage whatsoever, including any
court costs and attorney's fees, arising out of or related to the said use.
4. Warranty
4.1 Yokogawa warrants that, for one year from the delivery by Yokogawa or any other period
to be agreed by Yokogawa in writing ("Warranty Period"), the Software Product shall, if
it is properly used under the operational conditions and on the hardware designated by
Yokogawa and if used in accordance with the environmental or other conditions defined by
Yokogawa or hardware supplier, operate substantially in compliance with the manuals or
functional specifications provided by Yokogawa. The Warranty Period commences from the
delivery of the Software Product by Yokogawa or when any part of the Software Product is
used for operation, whichever comes earlier.
4.2 Under no conditions will Yokogawa warrant that:
a) the Software Product is uninterrupted;
b) the Software Product is error free;
c) the Software Product is completely corrected;
d) the Software Product has no inconsistency or interference with other software;
e) the Software Product fits for a particular purpose or your intention; or
f) the Software Product or the results arising there from is precise, reliable or up-to-date.
4.3 In case, during the Warranty Period, it is found that the Software Product does not oper-
ate in compliance with the manuals or functional specifications of Yokogawa, or its medium
has a physical defect, Yokogawa will, at Yokogawa's discretion, repair, replace or present a
workaround without charge, unless otherwise agreed by Yokogawa. However, if Yokogawa
engineer or other engineer is required to attend for repair, replacement or implementing a
workaround at the site, you will be charged for the site service fee. If Yokogawa deems nec-
essary, you are required to initialize or stop the operation of the system, facility or equipment
in or on which the Software Product is installed.
4.4 The above warranties shall not be applied to and Yokogawa shall not be liable for the defect
or noncompliance which is subject to any of the following circumstances:
a) the hardware on which the Software Product is installed has ceased to be covered by the
warranty or maintenance contract of the hardware supplier;
b) if the hardware on which the Software Product needs to be installed is specified, the
hardware has been changed to other hardware without consent of Yokogawa;
c) modification, improvement or alteration is made by a person other than Yokogawa or its
designated service provider;
d) your or third party's (excluding the service provider designated by Yokogawa) misuse,
alteration, addition of new function, or use for any purpose not provided in the functional
specifications of Yokogawa;
e) the appropriate environmental or other conditions provided by Yokogawa or hardware
supplier is not complied with;
f) the corrective action (including repair, replacement or workaround) for the defect or non-
compliance is not implemented as suggested by Yokogawa; or
g) any other causes which are not deemed attributable to Yokogawa.