Dwyer DLI2 - Manual (Page 36)

Data Logger Manual
Page 35
OR ACCURACY, ADEQUACY OR COMPLETENESS 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 Soft-
ware, 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 fi rst used. Buyer may negotiate with Seller separate 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 specifi ed above; (ii) modify