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IM AQ6376-01EN
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Appendix 8 END USER LICENSE AGREEMENT
• You have acquired a device (“DEVICE”) that includes software licensed by YOKOGAWA TEST & MEASUREMENT
CORPORATION from Microsoft Licensing Inc. or its affiliates (“MS”). Those installed software products of MS origin, as
well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by
international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.
• IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY
THE SOFTWARE. INSTEAD, PROMPTLY CONTACT YOKOGAWA TEST & MEASUREMENT CORPORATION FOR
INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION
OF ANY PREVIOUS CONSENT).
• GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
• You may use the SOFTWARE only on the DEVICE.
• NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. YOKOGAWA TEST & MEASUREMENT
CORPORATION HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS
HAS RELIED UPON YOKOGAWA TEST & MEASUREMENT CORPORATION TO CONDUCT SUFFICIENT TESTING
TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE is provided “AS IS” and with all faults. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK
OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT.
IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE
NOT BINDING ON, MS.
•
Note on Java Support.
The SOFTWARE may contain support for programs written in Java. Java technology is not
fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java
technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems,
Inc. has contractually obligated MS to make this disclaimer.
• No Liability for Certain Damages.
EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S.
TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
•
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile,
or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
•
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS.
You may permanently transfer rights under this
EULA only as part of a permanent sale or transfer of the Device, and only if the recipient agrees to this EULA. If the
SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
•
EXPORT RESTRICTIONS.
You acknowledge that SOFTWARE is of US-origin. You agree to comply with all applicable
international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as
well as end-user, end-use and country destination restrictions issued by U.S. and other governments. For additional
information on exporting the SOFTWARE, see http://www.microsoft.com/exporting/.
Installation and Use.
The SOFTWARE may not be used by more than two (2) processors at any one time on the DEVICE.
You may permit a maximum of ten (10) computers or other electronic devices (each a “Client”) to connect to the DEVICE
to utilize the services of the SOFTWARE solely for file and print services, internet information services, and remote access
(including connection sharing and telephony services). The ten (10) connection maximum includes any indirect connections
made through “multiplexing” or other software or hardware which pools or aggregates connections. Except as otherwise
permitted in the NetMeeting/Remote Assistance/Remote Desktop Features terms below, you may not use a Client to use,
access, display or run the SOFTWARE, the SOFTWARE’s user interface or other executable software residing on the
DEVICE.
If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft
Windows NT Server 4.0 (all editions) or Microsoft Windows 2000 Server (all editions)), or use the DEVICE to permit
workstation or computing devices to access or utilize the services or functionality of Microsoft Windows Server products, you
may be required to obtain a Client Access License for the Device and/or each such workstation or computing device. Please
refer to the end user license agreement for your Microsoft Windows Server product for additional information.