iv
Model 3090/3090AK Engine Exhaust Particle Sizer
TM
Spectrometer
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.
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 malfunction is
discovered, please contact your nearest sales office or representative, or call TSI Customer Service at
1-800-874-2811 (USA) or 651-490-2811.
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 the “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.
Trademarks
Microsoft and Excel are registered trademarks of Microsoft Corporation.
Windows and Access are trademarks of Microsoft Corporation.
Swagelok is a registered trademark of Swagelok
®
Companies, Solon, Ohio.
Engine Exhaust Particle Sizer, EEPS, Scanning Mobility Particle Sizer, and SMPS are trademarks
of TSI Incorporated.
TSI Patent
US Patent Number 7,230,431.
