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User agreement/ w, Warranty, H-4280 – Xylem H-4280 User Manual

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User Agreement/

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Warranty

H-4280

User Agreement/

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Warranty W-1

1. NATURE OF THE PRODUCT

This agreement accompanies an electronic sensor system comprising firmware, circuitry and other

electronic equipment 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 remove from the exterior of the housing of the PRODUCT

any safety warnings or notices of proprietary interest placed thereon by DESIGN

ANALYSIS.

(b)

USER agrees that they shall not disassemble or otherwise reverse engineer the

PRODUCT.

(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.

4. TERM

USER may enjoy these rights only as long as their possession of the PRODUCT shall continue to be

rightful. These rights will cease if the PRODUCT is returned to DESIGN ANALYSIS under the terms of

any redemption offer, warranty, or money-back guarantee, or if USER transfers the PRODUCT to another

party on terms inconsistent with this agreement.

5. LIMITED WARRANTY

(b) What is Covered

DESIGN ANALYSIS warrants that for a period of twelve months from the time of purchase the

functions to be performed by the PRODUCT will be substantially in compliance with USER

documentation. DESIGN ANALYSIS also warrants that the PRODUCT will be free from defects

in materials and workmanship for a period of ONE YEAR from the date of purchase.

(b) What USER Must Do

If the product fails to satisfy the above warranty, USER must notify DESIGN ANALYSIS in