Rockwell Automation 9307 FactoryTalk EnergyMetrix User Manual

Page 315

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Appendix

315

SAMPLES

The Software may include samples, plug-ins, UI components and/or reports that are
provided as an accommodation to You (“Samples”). These Samples are intended to be
used for example purposes or to provide additional complimentary features. The Samples
may be contained in the Software, Documentation (electronic or printed) or downloaded
from the Rockwell Automation website. Rockwell Automation and its third party
licensors make no representations or warranties regarding Your use of the Samples and
related Documentation. All such Samples are provided ‘as is’. Rockwell Automation
disclaims all warranties with regard to this information, including all implied warranties
and conditions of merchantability, fitness for a particular purpose, title and non-
infringement.

GOVERNMENT RESTRICTED RIGHTS

If You are a branch or agency of the United States Government, the following provision
applies. The Software and Documentation are comprised of ‘commercial computer
software’ and ‘commercial computer software documentation’ as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by
or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212;
or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent
with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN
1995).

EXPORT CONTROLS

The Software and Documentation supplied by Rockwell Automation under this EULA are
subject to export controls under the laws and regulations of the United States (‘U.S.’) and
any other applicable countries' laws and regulations. You shall comply with such laws and
regulations governing export, re-export, import, transfer and use of Rockwell Automation
Software and Documentation and will obtain all required U.S. and local authorizations,
permits, or licenses. You and Rockwell Automation each agree to provide the other
information, support documents, and assistance as may reasonably be required by the
other in connection with securing authorizations or licenses.

AUDIT

You agree that Rockwell Automation may audit Your use of the Software for compliance
with these terms, upon reasonable notice. In the event that such audit reveals any use of
the Software by You other than in full compliance with the terms of this EULA, You shall
reimburse Rockwell Automation for all reasonable expenses related to such audit in
addition to any other liabilities You may incur as a result of such non-compliance.

OWNERSHIP

The Software and Documentation are protected by copyright and other intellectual
property laws and treaties. Rockwell Automation or its licensors own the title, copyright,
and other intellectual property rights in the Software and Documentation. The Software
and Documentation is licensed, not sold. Nothing in this EULA constitutes a waiver of
our rights under U.S. or international copyright law or any other law.

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