Manual Yokogawa FSA120 Flow Configuration Software (page 9 of 163) (English)

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<1. Introduction>

1-4

IM 01C25R51-01E

1.2.2 Restriction

Licenseeshallnot:(a)removeanymarksornoticesoftheLicensedSoftwareidentication,

intellectual property rights like trademark and copyright notice, or other notices or restrictions

from the Licensed Software; (b) transfer, sell, assign, sublicense or otherwise convey the

Licensed Software to any third party without Licensor’s prior written consent; nor (c) cause,

permit or attempt the reverse engineering, disassembly, decompilation, translation or adaptation

of the Licensed Software. Any transfer of the Licensed Software is subject to Licensor’s transfer

policies and fees.

1.2.3 Copyright / Ownership

The Licensed Software, including but not limited to any technology, algorithm, know-how,

process and others contained therein, is the proprietary property and trade secret of Licensor or

a third party who grants to Licensor the right of sub-licensing and is protected by copyright and

other intellectual property laws and treaties. Licensee acquires only right to use the Licensed

Software and does not acquire any rights, expressed or implied, in the Licensed Software or

ediacontainingtheLicensedSoftwareotherthanthosespeciedinthisAgreement.Licensor

shall at all times retain all rights, titles, and interests, including intellectual property rights, in the

Licensed Software and such media.

The Licensee shall not disclose or divulge the aforesaid proprietary property and trade secret to

any other individual or entity than the Licensee's personnel who reasonably need to know such

proprietary property and trade secret. Such Licensee’s personnel shall be bound by the same

secrecy obligations set forth herein.

1.2.4 No Warranty / Limitation of Liability

(1) THELICENSEDSOFTWARESHALLBEPROVIDEDTOLICENSEEONAN"ASIS"

BASIS.UNLESSOTHERWISEEXPRESSLYPROVIDEDBYLICENSOR,LICENSOR

ANDTHESUPPLIERSWHOPROVIDEORLICENSEPARTOFTHELICENSED

SOFTWARETOLICENSOR("SUPPLIERS")HEREBYEXPRESSLYDISCLAIMANYAND

ALLIMPLIEDWARRANTIESOFANYKINDWHATSOEVER,INCLUDINGWITHOUT

LIMITATION WARRANTY OF UNINTERRUPTED OR ERROR- FREE OPERATION,

SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE TO LICENSEE FOR

ANY DAMAGE OR LOSS CAUSED BY USE OR INABILITY TO USE OF THE LICENSED

SOFTWARE. LICENSOR AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY AND

ILLHAVENOLIABILITYFORVIOLATION,MISAPPROPRIATIONORINFRINGEMENT

OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

(

2) INNOEVENTSHALLLICENSORANDSUPPLIERSBELIABLE,WHETHERIN

CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT LICENSOR AND

UPPLIERSHAVEBEENADVISEDOFTHEPOSSIBILITYOFSUCHLOSSOR

DAMAGE, FOR ANY LOSS OR DAMAGE INCLUDING CONSEQUENTIAL, INCIDENTAL,

NDIRECTOREXEMPLARYDAMAGES,LOSSOFPROFITS,LOSSOFREVENUE,

LOSSOFBUSINESSORGOODWILL,LOSSOFDATAORLOSSOFAVAILABILITY.

NNOEVENTSHALLLICENSORANDSUPPLIERS’AGGREGATELIABILITYEXCEED

THE AMORTIZED BALANCE OF THE AMOUNT PAID BY LICENSEE FOR USE OF THE

CONCERNED PART OF THE LICENSED SOFTWARE.

(

3) THIS PARAGRAPH 1.2.4 STATES THE ENTIRE WARRANTY AND LIABILITY OF

LICENSOR AND SUPPLIERS IN CONNECTION WITH THE LICENSED SOFTWARE.

THIS PARAGRAPH 1.2.4 ALLOCATES RISKS UNDER THIS AGREEMENT BETWEEN

LICENSEE AND LICENSOR/SUPPLIERS AND COMPRISES FUNDAMENTAL

ELEMENTS OF THIS LICENSE. LICENSOR’S PRICING OF THE LICENSED SOFTWARE

REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.

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Yokogawa FSA120 Flow Configuration Software Manual

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