Terms and Conditions
Entek IRD 6600 Series Protection Monitors
ix
C. Customer shall not assign or otherwise transfer the license to the Software granted herein
except to a successor in interest to the entire business in which the Software is used, and then only
if the assignee or transferee agrees in writing to be bound by the terms hereof. Timesharing and
rental of the Software is prohibited. Customer warrants that all persons having access to the
Software will observe and perform the obligations set forth in this document. Customer
understands and agrees that the Software is an unpublished work and agrees that the existence of
any copyright notice shall not be construed as an admission or presumption that publication has
occurred. Customer acknowledges, notwithstanding the license granted herein, that all
intellectual property rights in the Software are and shall continue to be exclusively owned by
Entek IRD and/or its suppliers. The Software is "commercial computer software" for purposes of
licenses to any divisions or agencies of the U.S. Federal Government. Customer shall not send or
use the Software outside the United States except in compliance with all applicable law, including
U.S. export regulations and restrictions. Entek IRD may enter Customer's premises during normal
business hours to verify Customer's compliance with the terms of this license. Customer may not
publish the results of any benchmark test run on the Software.
D. If Customer data comes into Entek IRD's possession, Entek IRD shall use the same level of
care to maintain the confidentiality of that data which Entek IRD uses for its own confidential
information. Subject thereto, Entek IRD may use data in its possession to compile and maintain
commercial machinery information databases in which the origin of specific data is not
identifiable by users. Such databases shall be the sole property of Entek IRD.
2. LIMITED WARRANTIES.
A. Entek IRD warrants to Customer (and not anyone else) that all Entek IRD Software supplied
by Entek IRD shall perform in substantial conformance with the specifications provided by Entek
IRD in the product manual of such Software for a period of one year from the date of shipment.
With respect to performance related in any way to the passage of time to the year 2000 and
beyond, or the occurrence of a leap year, Entek IRD does not make any representation or
warranty; Entek IRD has issued a Year 2000 readiness disclosure statement, which is available to
Customer upon request. Entek IRD does not warrant that the operation of the CPU or Software
will be uninterrupted or error free. Entek IRD makes no representation or warranty, either express
or implied, with regard to the Software's suitability, capacity, or performance in relation to
Customer's specifications or needs. Entek IRD warrants that the Software does not contain
computer viruses when shipped. It is Customer's responsibility to preserve the integrity of its
computer systems and to conduct virus checks of all Software before it is installed, and this
warranty concerning computer viruses expires when the Software is installed.
B. With respect to any Entek IRD Software which fails to satisfy the limited warranty provisions
in this Agreement, as Customer's exclusive remedy, and at Entek IRD's option, Entek IRD agrees
to repair or replace such defective item without charge, or Entek IRD's sales price therefor shall
be refunded upon return of the defective product to Entek IRD, provided that any defect in the
Software is brought to the attention of Entek IRD within the warranty period; Entek IRD alone
will be authorized to furnish or arrange for repairs or replacements, or to refund Entek IRD's sales
price, within the terms of this limited warranty.
C. The above limited warranties do not apply, and no warranty, either express or implied, shall be
applicable, (a) to damage resulting from accident, alteration, misuse or abuse, harmful conditions
or Act of God; (b) if the product is not installed, operated and maintained according to procedures
recommended by Entek IRD; or (c) if any modifications whatsoever to the Software are made by
anyone except Entek IRD. In no case shall the limited warranty extend to defects in materials,
components, or services furnished by third parties or to the repair or installation of the product
performed by third parties.
