Xylem H-264 - Manual (Page 3)

User Agreement/
W
ATER
LOG ® Warranty
H-264
User Agreement/ W ATER LOG ® Warranty W-1
1. NATURE OF THE PRODUCT
This agreement accompanies a pressure measuring/data collection system comprising micro-
coded circuitry and other electronic equipment sealed in an enclosed housing and packaged
together with written instructional materials. The packaged electronic circuitry and instructional
materials herein are collectively referred to as the “PRODUCT.” The PRODUCT is made
available from DESIGN ANALYSIS ASSOCIATES, INC., of 75 West 100 South, Logan, Utah
84321 (hereinafter referred to as “DESIGN ANALYSIS”), and contains information and
embodies technology that is confidential and proprietary to DESIGN ANALYSIS, and the
availability and use of the PRODUCT is extended to you, the USER, solely on the basis of the
terms of agreement which follow.
2. ACKNOWLEDGMENTS BY USER
Opening the package which encloses the accompanying PRODUCT indicates your acceptance of
the terms and conditions of this agreement and constitutes an acknowledgment by you of the
confidential and proprietary nature of the rights of DESIGN ANALYSIS in the PRODUCT.
3. DUTIES OF YOU, THE USER
In consideration for the access to and use of the PRODUCT extended to you by DESIGN
ANALYSIS, and to protect the confidential and proprietary information of DESIGN
ANALYSIS, USER agrees as follows:
(a) USER agrees that they will not open the sealed housing of the PRODUCT, and that
they will take all necessary precautions to prevent their employees, agents,
subcontractors, and resellers from doing so.
(b) USER agrees that they will not remove from the exterior of the housing of the
PRODUCT any warnings against opening or notices of proprietary interest placed
thereon by DESIGN ANALYSIS, and that they will take all necessary precautions to
prevent their employees, agents, subcontractors, and resellers form removing such
markings therefrom.
(c) USER agrees to treat the PRODUCT with the same degree of care as USER exercises
in relation to their own confidential and proprietary information.
(d) USER agrees to return the PRODUCT to DESIGN ANALYSIS if and when the
PRODUCT is deemed to be no longer of use. In return therefore, USER will receive
from DESIGN ANALYSIS a redemption fee of $10.00.