A-2 terms and conditions of the software license – Yokogawa FieldMate User Manual

Page 9

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<A Foreword>

A-3

IM 01R01A01-01E

9th Edition : May 31, 2013-00

A-2 Terms and Conditions of the

Software License

Yokogawa Electric Corporation

Field Device Management Software Package “FieldMate” License

Agreement

IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY:
BY INSTALLING, COPYING OR OTHERWISE USING THE ENCLOSED SOFTWARE

PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS

SOFTWARE LICENSE AGREEMENT (“AGREEMENT”).
Please be sure to sign up and register your software license number, your PC specific

information and other necessary items on the User Registration Website designated by

Yokogawa Electric Corporation. All obligations of Yokogawa Electric Corporation under this

Agreement, support against your inquiries, provision of version up information, etc. will be

executed or provided to you subject to your registration by User Registration Website. In case

there is no registration, Yokogawa Electric Corporation might decline to provide such services to

you.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO

NOT INSTALL, COPY OR USE THE SOFTWARE PRODUCT AND PROMPTLY RETURN IT TO

THE PLACE OF PURCHASE.

1. Grant of License

(1) Subject to the terms and conditions of this Agreement, Yokogawa Electric Corporation

(“Licensor”) hereby grants to you (“Licensee”) a non-exclusive and non-transferable right to

use the enclosed Field Device Management Software Package “FieldMate” and associated

materials and documentation in printed or electronic format (“Licensed Software”), in

consideration of full payment by Licensee to the Licensor of the license fee separately

agreed upon by the parties hereto.

(2) Licensee shall have the right to use the Licensed Software in the operating environment

identified by the Licensor, either (a) to the extent specified in the contract specification

agreed upon by both parties, or (b) if not specified, for a single user on a single computer.

(3) Licensee may use the Licensed Software solely for its own internal data processing

operations to set up field instruments having communication functions. Use of the Licensed

Software for any purpose other than those as expressly specified in the documentation

provided by Licensor shall be prohibited and any result or damage therefrom shall be at

Licensee’s own risk and responsibility

(4) Licensee may make one identical copy of the Licensed Software (in this context, excluding

any associated materials and documentation) for backup purpose, which shall be

maintained by Licensee with strict care. Such copy shall bear Licensor’s proprietary notice

as the original does. No other copies shall be made without Licensor’s prior written consent.

(5) The Licensed Software may contain software which Licensor is licensed from third parties

(“Third Party Software”). Licensee agrees to use the Third Party Software in accordance

with the terms and conditions as set forth by licensors of such Third Party Software and

agrees to be bound thereby.

(6) In no event shall Licensee make any use of the Licensed Software in any other manner than

stipulated hereunder.

(7) Licensee agrees to use any Third Party Software solely as runtime use software which shall

be used solely as part of and with the integrated Licensed Software, and shall not make any

further use of Third Party Software for any other purposes or in any other manner.

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