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Electrostatic Classifier Model 3082 and SMPS Spectrometer Model 3938
Buyer and all users are deemed to have accepted this LIMITATION OF WARRANTY AND
LIABILITY, which contains the complete and exclusive limited warranty of Seller. This
LIMITATION OF WARRANTY AND LIABILITY may not be amended, modified or its terms
waived, except by writing signed by an Officer of Seller.
Software License
(effective March 1999)
This is a legal agreement between you, the end user, and TSI Incorporated. BY
INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE UNOPENED PACKAGE AND THE
ACCOMPANYING ITEMS (including written materials and binders or other containers) to TSI
for a full refund.
1. GRANT OF LICENSE. TSI grants to you the right to use one copy of the enclosed TSI
software program (the “SOFTWARE”), on a single computer. You may not network the
SOFTWARE or otherwise use it on more than one computer or computer terminal at the same
time.
2. COPYRIGHT. The SOFTWARE is owned by TSI and is protected by United States
copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE
like any other copyrighted material (e.g., a book or musical recording) except that you may
either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b)
transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup
or archival purposes.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer
the SOFTWARE and accompanying written material on a permanent basis, provided you
retain no copies and the recipient agrees to the terms of this Agreement. You may not
reverse-engineer, decompile, or disassemble the SOFTWARE.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains multiple types of media,
then you may use only the media appropriate for your single-user computer. You may not use
the other media on another computer or loan, rent, lease, or transfer them to another user
except as part of the permanent transfer (as provided above) of all SOFTWARE and written
material.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is
subject to the restrictions set forth in the “Rights in Technical Data and Computer Software”
Clause at 252.227-7013 and th
e “Commercial Computer Software - Restricted Rights” clause
at 52.227-19.
6. LIMITED WARRANTY. TSI warrants that the SOFTWARE will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days from the
date of receipt.
7. CUSTOMER REMEDIES. TSI’s entire liability and your exclusive remedy shall be, at TSI’s
option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that
does not meet this Limited Warranty and which is returned to TSI with proof of payment. This
Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
8. NO OTHER WARRANTIES. TSI disclaims all other warranties, either express or implied,
including, but not limited to implied warranties of merchantability and fitness for a particular
purpose, with regard to the SOFTWARE and the accompanying written materials.
9. NO LIABILTY FOR CONSEQUENTIAL DAMAGES. In no event shall TSI be liable for any
damages whatsoever (including, without limitation, special, incidental, consequential or
indirect damages for personal injury, loss of business profits, business interruption, loss of
information or any other pecuniary loss) arising out of the use of, or inability to use, this
SOFTWARE.
Service Policy
Knowing that inoperative or defective instruments are as detrimental to TSI as they are to our
customers, our service policy is designed to give prompt attention to any problems. If any mal-
function is discovered, please contact your nearest sales office or representative, or call TSI at
1-800-874-2811 (USA) or 651-490-2811.
Trademarks
TSI and TSI logo are registered trademarks of TSI Incorporated. Scanning Mobility Particle
Sizer and SMPS are trademarks of TSI Incorporated.
Microsoft and Windows are registered trademarks of Microsoft Corporation.
Tygon is a registered trademark of Saint-Gobain Performance Plastics Corporation.
Teflon and Viton are registered trademarks of DuPont.
Gilibrator is a registered trademark of Sensidyne.
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