Dwyer DLI - Manual (Page 106)

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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 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.
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.
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 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 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; (vii)
copy any portion of the Software; (viii) operate the Software other than in conjunction with operation
of Product; or (ix) transfer the Software in violation of applicable United States Export laws and
regulations.