Yokogawa Button Operated MV2000 - Manual (Page 4)

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IM 04L47B01-02EN
Terms and Conditions of the Software License
NOTICE - PLEASE READ CAREFULLY BEFORE USE
Thank you very much for purchasing this medium containing a software program and related documentation provided by Yokogawa Electric Corporation (hereinafter called
“Yokogawa”), and the program contained, embedded, inserted or used in the medium (hereinafter called the “Yokogawa Software Program”).
By installing the Yokogawa Software Program, you acknowledge that you understand and fully agree to the “Terms and Conditions of the Software License” (hereinafter called
“Terms and Conditions”) which is written in the documentation and separately attached. Accordingly, the Terms and Conditions bind you.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU CANNOT INSTALL THIS MEDIUM, AND MUST PROMPTLY RETURN IT TO YOKOGAWA OR ITS
DESIGNATED PARTY.
Terms and Conditions of the Software License
Yokogawa Electric Corporation, a Japanese corporation (hereinafter called “Yokogawa”), grants permission to use this Yokogawa Software Program (hereinafter called the
“Licensed Software”) to you on the conditions that you agrees to the terms and conditions stipulated in Article 1 hereof.
You, as the Licensee (hereinafter called “Licensee”), shall agree to the following terms and conditions on the software license (hereinafter called the “Agreement”) when the
Licensed Software is installed by the Licensee.
Article 1 (Licensed Software under these Terms and Conditions)
1.1 The terms and conditions stipulated herein shall bind any Licensee who purchases the Licensed Software on the condition that the Licensee consents to agree to the
terms and conditions stipulated herein.
1.2 The “Licensed Software” and required number of license herein shall be specified in the following paragraphs (1) and (2) respectively. The Licensed Software means
and includes all applicable programs and documentation, without limitation, all proprietary technology, algorithms, a factor, invariant, process and/or other know-how
contained therein. These terms and conditions shall also govern any additional software to the Licensed Software inclusive of its version-up or revision-up if Yokogawa
provides them to the Licensee.
(1) Licensed Software Name: DAQManager (Model DXA250)
(2) Number of License: 1
Article 2 (Grant of License)
2.1 Yokogawa grants the Licensee, for the purpose of single use, non-exclusive and non-transferable license of the Licensed Software with the license fee separately agreed
upon by both parties.
2.2 The Licensee is, unless otherwise agreed upon in writing by Yokogawa, not entitled to change, sell, distribute, transfer, or sublicense the Licensed Software.
2.3 The Licensed Software shall not be copied in part or in whole except for keeping one (1) copy for back-up purpose. The Licensee shall secure or supervise the copy of
the Licensed Software by the Licensee itself with great, strict, and due care.
2.4 The Licensed Software remains the exclusive property of Yokogawa and, if any, those of third parties from whom Yokogawa is sublicensed (hereinafter such third party’s
software is called “Third Party Software”, which may include any software program made or coded by affiliates of Yokogawa). In no event shall the Licensee dump,
reverse assemble, reverse compile, or reverse engineer the Licensed Software so that the Licensee may translate the Licensed Software into other programs or change
it into a man-readable form from the source code of the Licensed Software. Unless otherwise separately agreed upon by Yokogawa, Yokogawa shall not provide the
Licensee the source code for the Licensed Software.
2.5 The Licensed Software and its related documentation inclusive of its ownership of copyright shall be the proprietary property of Yokogawa or a third party who grants
Yokogawa the rights. In no event shall the Licensee transfer, lease, sublicense, or assign any rights relating to the Licensed Software.
2.6 Yokogawa may use or add copy protection in or onto the Licensed Software. In no event shall, regardless of the purpose, the Licensee remove or attempt to remove
such copy protection.
2.7 The Licensed Software may include the Third Party Software. In the case that Yokogawa is granted permission to sublicense to third parties by any licensors (sub-
licensor) of the Third Party Software under different terms and conditions than those stipulated in this Agreement, the Licensee shall observe such terms and conditions
of which Yokogawa notifies the Licensee in writing separately.
2.8 In no event shall the Licensee modify, remove or delete a copyright notice of Yokogawa and its licenser contained in the Licensed Software, including any copy
thereof.
Article 3 (Restriction of Specific Use)
3.1 The Licensed Software shall not be intended specifically to be designed, developed, constructed, manufactured, distributed or maintained for the purpose of the following
events:
a) Operation of any aviation, vessel, or support of those operations from the ground;
b) Operation of nuclear products, its facilities and/or radiation apparatus;,
c) Operation of nuclear weapons, chemical weapons and/or biological weapons, or railroad; or
d) Operation of medical instrumentation directly utilized for humankind or the human body.
3.2 Even if the Licensee uses the Licensed Software for the purposes in the preceding Paragraph 3.1, Yokogawa has no liability to or responsibility for any claims or
damages arising out of the use or operations of the Licensed Software, and the Licensee agrees, on its own responsibility, to solve and settle the claims and damages
and to defend, indemnify or hold Yokogawa totally harmless, from or against any liabilities, losses, damages and expenses (including fees for recalling the Products and
reasonable attorney’s fees and court costs), or claims arising out of and related to the above-said claims and damages.
Article 4 (Warranty)
4.1 The Licensee shall agree that the Licensed Software shall be provided to the Licensee on an “as is” basis when delivered. If defect(s), such as damage to the medium of
the Licensed Software, attributable to Yokogawa is found, Yokogawa agrees to replace, free of charge, any Licensed Software on condition that the defective Licensed
Software shall be returned to Yokogawa’s specified authorized service facility within 12 month from the delivery of Yokogawa after opening the Package at the Licensee’s
expense. As the Licensed Software is provided to the Licensee on an “as is” basis when delivered, in no event shall Yokogawa warrant that any information on or in the
Licensed Software, including without limitation, data on computer programs and program listings, be completely accurate, correct, reliable, or the most updated.
4.2 Notwithstanding the preceding Paragraph 4.1, when Third Party Software is included in the Licensed Software, the warranty period and related conditions that apply
shall be those established by the provider of the third party software.