YOKOGAWA VZ20X, User Manual

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All Rights Reserved Copyright © 2021, Yokogawa Electric Corporation
IM 77V01B01-01EN 5th Edition: 2023.03.07-00
2.6 The Software Product may contain software which Yokogawa is granted a right to sublicense or distribute by third
party suppliers (“Third Party Software”). If suppliers of the Third Party Software (“Supplier”) provide special terms and
conditions for the Third Party Software which differ from this Agreement, the special terms and conditions shall
prevail over this Agreement. Some Third Party Software may be licensed to Licensee directly by Supplier.
2.7 The Software Product contains open source software (“OSS”), for which separately provided special terms and
conditions shall take precedence over this Agreement.
3. Restrictions on use
3.1 Unless otherwise agreed in writing between Licensee and Yokogawa, the Software Product is not intended,
designed, produced or licensed for aircraft operation or control, ship navigation, or ground facility or device for
support of the aforesaid operation or control, nor for planning, construction, maintenance or operation of any nuclear
related facility.
3.2 If the Software Product is used for the above mentioned purposes, neither Yokogawa nor Supplier assumes liability
for any claim or damage arising from the said use and Licensee shall indemnify and hold Yokogawa, Supplier, their
affiliates, subcontractors, officers, directors, employees and agents harmless from any liability or damage
whatsoever, including any court costs and attorney’s fees, arising out of or related to the said use.
4. Limited Warranty
The Software Product is provided “AS IS”.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOKOGAWA DISCLAIMS ALL OTHER WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOKOGAWA DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS LICENSEE MAY
HAVE, THAT THE SOFTWARE PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION, THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PRODUCT WILL BE CORRECTED, THAT
THE SOFTWARE PRODUCT HAS NO INCONSISTENCY OR INTERFERENCE WITH OTHER SOFTWARE, THAT
THE SOFTWARE PRODUCT OR THE RESULTS ARISING THEREFROM IS PRECISE, RELIABLE OR UP-TO-
DATE, THAT THE SOFTWARE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR SOFTWARE REQUIRED
TO RUN THE SOFTWARE PRODUCT, OR THAT THE SOFTWARE PRODUCT IS FREE OF VULNERABILITY
(INCLUDING BUT NOT LIMITED TO VULNERABILITY TO INTRUSION OR ATTACK CAUSED BY COMPUTER
VIRUS OR UNAUTHOIZED ACCESS OR THE LIKE). YOKOGAWA SHALL NOT BE LIABLE FOR ANY DAMAGES
CAUSED BY THE ENVIRONMENT
（
INCLUDING WITHOUT LIMTATION SOFTWARE AND HARDWARE
）
OF THE
CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO LICENSEE.
5. Limitation of Liability
EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT LAWFULLY BE EXCLUDED OR LIMITED BY CONTRACT,
YOKOGAWA AND SUPPLIERS SHALL NOT BE LIABLE TO ANY PERSON OR LEGAL ENTITY FOR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER SIMILAR DAMAGES OF
ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF MATERIALS OR PRODUCTS, LOSS OF PRODUCTION, LOSS OF CONTRACTS,
LOSS OR DESTRUCTION OF DATA, LOSS OF AVAILABILITY AND THE LIKE, ARISING OUT OF THE USE OR
INABILITY TO USE OF THE SOFTWARE PRODUCT, OR ARISING OUT OF ITS GENERATED APPLICATIONS OR
DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN WARRANTY
(EXPRESS OR IMPLIED), CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER
LEGAL OR EQUITABLE GROUNDS. IN NO EVENT YOKOGAWA AND SUPPLIER’S AGGREGATE LIABILITY FOR
ANY CAUSE OF ACTION WHATSOEVER SHALL EXCEED THE GREATER OF ONE HUNDERED (100) U.S.
DOLLARS.
6. Assignment
Licensee shall not assign its rights or obligations under this Agreement without prior written consent of Yokogawa. If
Licensee novates or assigns this Agreement and the Software Product with Yokogawa’s consent, Licensee shall
transfer all copies and whole part of the Software Product to the assignee and shall delete any and all copy of the
Software Product in possession irretrievably. This Agreement shall inure to the benefit of and shall be binding on the
successors of the parties.
7. Export Control
Licensee agrees to comply with the export control and related laws, regulations and orders of Japan, the United
States of America, and any other applicable countries and, if Licensee exports or re-exports the Software Product, to
obtain export/import permit and take all necessary procedures under Licensee’s own responsibility and at Licensee’s
own expense.