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User agreement, Warranty, H-340 – Xylem H-340 User Manual

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User Agreement/

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Warranty

H-340

User Agreement/

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Warranty W-1

1. NATURE OF THE PRODUCT

This agreement accompanies a pressure measuring 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, sub-

contractors 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, sub-contractors, 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.