Yokogawa DAQWORX - Manual (Page 4)

4 IM WX1000-01E
Software License Agreement
IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING OR USING:
THANK YOU VERY MUCH FOR SELECTING SOFTWARE OF YOKOGAWA ELECTRIC CORPORATION ("YOKOGAWA"). BY INSTALLING
OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL NOR USE THE SOFTWARE PRODUCT AND PROMPTLY RETURN IT TO THE
PLACE OF PURCHASE FOR A REFUND, IF APPLICABLE.
Software License Agreement
1. Scope
This Agreement applies to the following software products and associated documentation of Yokogawa (collectively, "Software Product").
Unless otherwise provided by Yokogawa, this Agreement applies to the updates and upgrades of the Software Product which may be provided
by Yokogawa.
Software Product: DAQWORX (It is limited to each software that you bought).
2. Grant of License
.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 a single or, the following specified number of, computer(s) and solely for your internal operation use, in
consideration of full payment by you to Yokogawa of the license fee separately agreed upon.
Granted number of License: 1 (one)
. Unless otherwise agreed or provided by Yokogawa in writing, the following acts are prohibited:
a) to reproduce the Software Product, except for one archival copy for backup purpose, which shall be maintained with due care subject
to this Agreement;
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 Software Product; or
f) to remove any copyright notice, trademark notice, logo or other proprietary notices or identification shown in the Software Product.
.3 Any and all technology, algorithms, know-how and process contained in the Software Product 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 property and trade secret of Yokogawa or licensors and key codes 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.
.5 Upon expiration or termination of this Agreement, the Software Product and its copies, including extracts, 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.
.6 The Software Product may contain software which Yokogawa is granted a right to sublicense or distribute by third party suppliers, including
affiliates of Yokogawa ("Third Party Software"). If suppliers of the Third Party Software ("Supplier") provide special terms and conditions
for the Third Party Software which differ from this Agreement, the special terms and conditions separately provided by Yokogawa shall
prevail over this Agreement. Some software may be licensed to you directly by Supplier.
.7 The Software Product may contain open source software ("OSS"), for which the special terms and conditions separately provided by
Yokogawa shall take precedence over this Agreement.
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
use in relation to aircraft operation or control, ship navigation or marine equipment control, or ground facility or device for support of the
aforesaid operation or control, or for use in relation to rail facility, nuclear related facility, radiation-related equipment, or medical equipment
or facility, or under any other circumstances which may require high safety standards.
3. 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.