Limit Of Liability - Swagelok m200 Benutzerhandbuch

122 M200 Netzteil Benutzerhandbuch
SWAGELOK® EMBEDDED SYSTEM END USER LICENSE AGREEMENT
GENERAL
The Swagelok® Welding System M200 Power Supply ("Product") is
being provided to Buyer/Customer/User ("USER") with embedded
firmware and software ("Embedded System"). USER agrees that the
terms and conditions identified in this document ("Agreement") govern
the USER's purchase or use of the Embedded System. No modification to
any of the terms and conditions of this document shall be binding upon
Swagelok Company and its subsidiaries ("Swagelok") or its independent
authorized distributors unless agreed to in writing and signed by
Swagelok.
TRADEMARK AND TRADE NAMES
Nothing in this Agreement or with the sale of the Product to USER shall
be deemed to give any rights in connection with any trademarks, service
marks, or trade names of Swagelok or any third-party product subject to
these terms and conditions. Swagelok is a registered trademark of the
Swagelok Company.
SOFTWARE OWNERSHIP AND USE
The Embedded System shall be and remain the property of Swagelok or
third parties which have granted Swagelok the right to license certain
software or its use with the Embedded System, and USER shall have no
rights or interests therein except as set forth in this Agreement. USER is
granted a non-exclusive, non-transferable, worldwide perpetual right to
use the Embedded System received with the Product solely in support of
and for use with the Product. USER shall not: (a) install or use on the
Embedded System either support software or additional software that
provides functions in addition to the embedded application unless that
support software or additional software was provided by Swagelok; and
(b) access and use desktop functions other than through or in support of
the Embedded System. USER may not modify, reverse engineer,
decompile, create derivative works, or attempt to derive the composition
or underlying information, structure, or ideas of the Embedded System
technology. The software is not fault-tolerant and is not designed,
manufactured or intended for any use requiring fail-safe performance in
which the failure of the licensed software could lead to death, serious
injury, severe physical or environmental damage.
SOFTWARE MODIFICATION, RECOVERY, AND UPDATES
Only Swagelok provided recovery or update software may be used on the
Embedded System. USER agrees that any license terms provided with
update or recovery software along with this License Agreement shall
govern USER's use of the software. USER may use one copy of the
update or recovery image for all USER purchased Product. USER must
keep the update or recovery software and shall not provide, market, or
otherwise distribute the updated recovery software which is a separate
item from the Embedded System. USER shall either destroy or return to
Swagelok any superseded update or recovery software provided to USER
on external media.
WARRANTY
SWAGELOK HARDWARE: The standard Swagelok Limited Lifetime
Warranty, incorporated herein by reference, applies to the Product
hardware.
SOFTWARE AND FIRMWARE:
separate Swagelok or third-party license agreement, Swagelok warrants
for a period of 1 year from the date of shipment that the media on which
the Swagelok developed software or firmware is furnished shall be free
from defects in material and workmanship and shall conform to the
published or other written specifications issued by Swagelok when used
with the Product. Swagelok makes no representation or warranty,
expressed or implied, that the operation of the software or firmware will
be uninterrupted or error free, or that the functions contained in the
Unless otherwise provided in a
software or firmware will meet or satisfy the USER's intended use or
requirements.
Satisfaction of this warranty, consistent with other provisions herein, will
be limited to the replacement, or repair, or modification of, or issuance of
a credit for the Product involved, at Swagelok's option. This warranty
shall not apply for (a) any alleged defect caused by misuse; neglect;
improper installation, operation, maintenance, repair; alteration or
modification; accident; or unusual deterioration or degradation of the
software, firmware or parts thereof due to physical environment or due to
electrical or electromagnetic noise environment; or (b) any use of the
software on a program platform or application/assembly other than that
originally supplied or specified with the Product. THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS,
IMPLIED, OR STATUTORY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

LIMIT OF LIABILITY

In the event that USER should be enjoined in any suit or proceeding
arising from a claim for infringement of intellectual property rights from
using the Product, except any suit or proceeding based upon a design or
modification incorporated in such Product at request of USER, Swagelok,
at its option, shall promptly either (a) secure termination of the injunction
and procure for USER the right to use such Product without any
obligation or liability, or (b) replace such Product with non-infringing
materials or modify same to become non-infringing, or (c) remove said
Product at Swagelok' expense and refund the purchase price of the
infringing Product to USER. THIS SHALL BE USER'S EXCLUSIVE
REMEDY AGAINST SWAGELOK WITH RESPECT TO PATENT,
COPYRIGHT, OR MASK WORK REGISTRATION INFRINGEMENT.
The sale of Product does not convey or transfer copyright under any
proprietary or patent rights of any manufacturer.
IN NO EVENT, REGARDLESS OF CAUSE SHALL SWAGELOK OR
ITS AUTHORIZED DISTRIBUTORS ASSUME RESPONSIBILITY
OR BE LIABLE FOR (a) PENALTIES OR PENALTY CLAUSES OF
ANY DESCRIPTION, (b) TO THE EXTENT PERMITTED BY LAW,
INDEMNIFICATION OF USER
DAMAGES, OR EXPENSES EACH ARISING OUT OF OR RELATED
TO THE PRODUCT OR SERVICES OF THIS ORDER, (c)
CERTIFICATION, UNLESS
PROVIDED HERE WITH, OR (d) INDIRECT OR CONSEQUENTIAL
DAMAGES UNDER ANY CIRCUMSTANCE, INCLUDING ANY
LOST PROFITS, BUSINESS
DAMAGES. IN NO EVENT SHALL SWAGELOK LIABILITY
EXCEED THE PURCHASE
REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHER
LEGAL BASIS.
EXPORT COMPLIANCE
USER shall comply with all applicable export laws at the point that the
Product, its Embedded System or components thereof are transferred to
USER's possession. USER agrees to indemnify and hold harmless
Swagelok for any losses sustained as a result of USER's failure to comply
with U.S. or foreign import and export laws, rules or regulations in
connection with the Product, Embedded System or components thereof.
MISCELLANEOUS
The original English language version of this Agreement shall govern.
Any translation is provided as a courtesy only. The United Nations
Convention for the International Sale of Goods is specifically excluded.
INCLUDING THE IMPLIED
OR OTHERS FOR COSTS,
OTHERWISE SPECIFICALLY
INTERRUPTION, OR OTHER
PRICE FOR THE PRODUCT
Rev. 10-07