Ocean Optics DTS User Manual

Page 6

License Agreement

Polychromix DTS

Near-Infrared Spectrometer

Operator’s Manual

Document Number 04-91-0201-00 Rev A

LIMITED WARRANTY. Subject to the other provisions in this Agreement, Polychromix warrants that,
for a period of 1 year from receipt by you, the Licensed Program will conform in all material respects
to the user documentation furnished to the buyer. Polychromix’s sole responsibility under this
warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said
Licensed Program that are reported to it within the foregoing warranty period or (2) to refund the fees
paid for the LICENSE to the Licensed Program if not sold with the spectrometer as a package.
Polychromix does not warrant that the Licensed Program will be error free, nor that all program errors
will be corrected. All requests for warranty assistance shall be directed to Customer Service,
Polychromix, Inc, 30 Upton Dr., Wilmington MA 01887 USA. Asserted errors must be documented by
the buyer to Polychromix, detailing the error, describing how to recreate the error, and including, if
available, sample output.

EXCEPTIONS. Polychromix’s warranty does not apply insofar as: (a) any Licensed Program is
subjected to misuse, neglect, accident or exposure to environmental conditions beyond those
specified by the documentation; (b) claims result from acts or omissions caused by persons other
than Polychromix or from products, material or software not provided by Polychromix; or (c) you use a
version of the Licensed Program that does not include all required updates provided by Polychromix.

NO OTHER WARRANTIES. THE EXPRESSED WARRANTY SET FORTH IN THIS ARTICLE 6 IS
THE ONLY WARRANTY GIVEN BY POLYCHROMIX WITH RESPECT TO THE LICENSED
PROGRAM, EITHER BY ITSELF OR IN CONJUNCTION WITH THE SYSTEM; POLYCHROMIX
MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED OR ARISING BY CUSTOM OR
TRADE USAGE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
NONINFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE.
SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY
POLYCHROMIX’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN
CONNECTION WITH THE SYSTEM OR THE LICENSED PROGRAM. POLYCHROMIX SHALL
NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM
THE LICENSED PROGRAM AND/OR THE SYSTEM NOR FOR ANY LIABILITY TO ANY PARTY
ARISING OUT OF USE THEREOF OR USE OF ITEMS DESIGNED WITH THE SYSTEM OR THE
LICENSED PROGRAM.

LIMITATIONS ON REMEDIES. Polychromix’s liability in contract, tort or otherwise arising out of or in
connection with use of the Licensed Program and/or the System, any output thereof, and/or this
Agreement shall not exceed the amounts that Licensee has paid Polychromix or its authorized
distributor hereunder. An essential purpose of the limitation on remedies provided in this paragraph
is the allocation of risks between Licensee and Polychromix. IN NO EVENT SHALL POLYCHROMIX
BE LIABLE FOR SPECIAL, INCIDENTAL, TORT, CONSEQUENTIAL OR ANALOGOUS
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF
USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF BUSINESS)
ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE LICENSED
PROGRAM AND/OR THE PERFORMANCE OF THE SYSTEM AND/OR POLYCHROMIX’S
PERFORMANCE OF SERVICES, EVEN IF POLYCHROMIX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

U.S. GOVERNMENT RESTRICTED RIGHTS. If the buyer is a government agency, you
acknowledge that the Licensed Program was developed at private expense and that the computer
software component is provided to you subject to RESTRICTED RIGHTS. Notwithstanding any other
lease or license agreement that may pertain to, or accompany the delivery of, this restricted computer
software, the rights of the government regarding its use, duplication, reproduction or disclosure by the
Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical
Data and Computer Software clause of DFARS 252.227-7013, and subparagraphs (c)(1) and (2) of
the Commercial Computer Software -- Restricted Rights clause at FAR 52.227-19.
Contractor/manufacturer is Polychromix 30 Upton Dr. Wilmington MA 01887.

GENERAL. The terms of this LICENSE shall be construed in accordance with the substantive laws
of the Commonwealth of Massachusetts. Without limiting the generality of the foregoing, this
Agreement and such relations shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods even if such Convention would otherwise be applicable in some
respect to this license of software. The English language text of this Agreement shall be the
authorized text for all purposes.

If you have any questions about this Agreement, you may contact Customer Service, Polychromix at (978)
284-6000.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND
POLYCHROMIX WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND POLYCHROMIX RELATING
TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.