Dwyer DLI-H - Manual (Page 36)

Data Logger Manual
Page 35
DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER,
WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR ACCURACY, ADEQUACY OR COMPLETENESS OF DATA MEASUREMENT,
WITH RESPECT TO ANY OF THE SELLER MANUFACTURED PRODUCTS, CONSUMABLES OR
SOFTWARE, OR ANY OF THE SELLER PROVIDED SERVICES.
Any drawings submitted with the Products are only to show the general style, arrangement,
and approximate dimensions of the Products.
B. Equipment, Consumables, Software and Services Manufactured or Provided by Others.
SELLER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
PARTICULAR PURPOSE, NONINFRINGEMENT OR ACCURACY, ADEQUACY OR COMPLETE-
NESS OF DATA MEASUREMENT, WITH RESPECT TO ANY EQUIPMENT, COMPONENTS, PARTS,
CONSUMABLES, SOFTWARE OR SERVICES SOLD TO BUYER BY SELLER THAT ARE NOT
MANUFACTURED OR PROVIDED BY SELLER. Seller shall assign the manufacturer’s or service
provider’s warranty applicable to such equipment, components, parts, consumables, Software
and services to the extent permitted, to Buyer. Seller will provide Buyer with available warranty
information.
10.2: Limitations.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER
BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR
OTHERWISE), SHALL SELLER’S LIABILITY EXCEED THE PRICE ACTUALLY PAID BY BUYER TO SELLER
FOR THE SPECIFIC PRODUCTS, CONSUMABLES AND/OR SOFTWARE MANUFACTURED, AND/OR
SERVICES PROVIDED, BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS OF REVENUE, LOSS OF
PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
WHETHER OR NOT FORESEEABLE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY
TRANSACTION GOVERNED BY THESE TERMS AND CONDITIONS, MAY BE BROUGHT BY EITHER
PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. The foregoing
allocation of risk and limitation of liability has been agreed to by the parties and forms the basis of
their willingness to enter into any accepted order.
10.3: Software License.
(A) For purposes hereof, “Software” means the computer programs included in the Product at
delivery, together with all codes, techniques, software tools, formats, designs, concepts, methods,
and ideas associated with those computer programs. The term also includes all copies of any part
of the software, as well as the manual(s) and printed materials provided by Seller.
(B) Seller grants Buyer a non- exclusive, non-transferable license to use the Software, in object
code form only, according to the terms set forth below. Buyer may operate the Software only (i)
in conjunction with and as part of the Product; (ii) in the manner in which it is intended by Seller;
and (iii) at Buyer’s plant site where the Product is first used. Buyer may negotiate with Seller sepa-
rate licenses to use the Software at other plant sites. Buyer’s use of Software shall be governed
exclusively by Seller’s and/or an third party owner’s applicable license terms.
(C) Buyer shall not (i) make the Software available to any person or entity other than its
employees, who must use the Software only as specified above; (ii) modify the Software or merge
it with another program; (iii) reverse engineer, disassemble, decompile, or make any attempt to
discover the source code of the Software; (iv) translate or create derivative works based on the
Software; (v) remove, obscure, or alter any notice of the patent, copyright, or other proprietary
rights related to the Software; (vi) sub-license, sell, lend, rent, or lease any portion of the Software;