Yokogawa SPS24 Bedienungsanleitung PDF herunterladen (Seite 5)

IM 12A01S02-01E 1st Edition : May 10, 2013-00

(3) DuringtheWarrantyPerioddenedabove,iftheSoftwareProductfailstooperateinaccordancewiththestepsoftheInstructionManualetc.attributabletoYokogawa,

or defects such as damage of media of the Software Product attributable to Yokogawa are found and you notify Yokogawa of such purport in writing within the Warranty

Period, Yokogawa agrees to either repair it or replace the media free of charge, providing the use under the proper operating environment and circumstance which

Yokogawadesignates.SuchrepairorreplacementshallbeexecutedbysendingofthemediafromYokogawatoyou.Atyourrequestanduponavailability,otherworks

exceptforsuchsendingofthemedia(includingbutnotlimitedtoinstallation,setting-up)shallbeexecutedwithchargeseparately.

5.ExceptionofWarranty

Yokogawa’s warranty set forth in Article 4. above shall not apply if the defect of the Software Product is caused by any of the following:

a) where the Software Product was used or operated under the operating environment and circumstance, which does not comply with the terms that Yokogawa or vendors of

hardware and operation system designated by Yokogawa;

b) where you or a party you designate (including your customer) misused, renovated, up-graded, or used the Software Product for any other purpose than set forth in the

Instruction Manual etc.;

c) whereyouoryourcustomerdoesnotexecutethepropertroubleornon-conformityavoidingmeasures(includingrepairorreplacement)Yokogawaproposed;

d) where any third party other than entrusted by Yokogawa conducted renovation, or improvement of the Software Product; or

e) other cause of defect not attributable to Yokogawa

6. If You are not the End User

If you are not the end user of the Software Product, you shall present the terms and conditions of this Agreement to your end user and have your end user observe such terms

and conditions. If Yokogawa incurs damage due to the breach of such terms and conditions by your end user, you shall indemnify and hold Yokogawa harmless. In this case,

the license of the Software Product is the end user, and if you are not the end user, you shall transfer the possession of media and related materials of the Software Product to

your end user.

7.PatentorCopyrightInfringement

If and when any third party should demand injunction, initiate a law suit, or demand damages against you under patent right (including utility model right, design patent, and

trade mark) copyright any other rights relating to any of the Software Product including related materials, you shall notify Yokogawa to that effect in writing without delay. In such

case, you shall assign to Yokogawa all of the rights to defend you and to negotiate with the claiming party. Further you shall provide Yokogawa with necessary information or

any other assistance for Yokogawa’s defense and negotiation. If and when such a claim should be attributable to Yokogawa, Yokogawa shall defend you and negotiate with the

claimingpartyatYokogawa’scostandexpenseandberesponsibleforthenalsettlementorjudgmentgrantedtosuchclaimingparty.

8. Limitation of Liability

Yokogawashallnotberesponsibleforanyindirectdamage(includingbutnotlimitedtolossofoperationalprot,lossofinterruptionofyourbusiness,andlossofbusiness

information)andthatYokogawa’sliabilitytoyourdamageshallnotexceedthepriceamountoftheSoftwareProduct,whichYokogawareceived,evenifYokogawahasbeen

advised of the possibility of such damage. Please note that Yokogawa shall be released and discharged from part or all of the liability hereunder, if you modify, remodel,

combinewithothersoftwareetc.,orcauseanydeviationfromtheoriginalspecications,withoutYokogawa’spriorwrittenconsent.

9.Export

Youshallnot(re-)exportortransmit,regardlessofdirectorindirect,theSoftwareProduct,itsrelateddocumentsandtechnicalinformation,andresults,whichiscreatedthrough

theuseoftheSoftwareProductwithoutobservationoftheexportcontrollawsandregulationsofJapanandotherrelatedcountriesandacquisitionofnecessary(re-)exportor

import license at your responsibility.

10. Commencement of Validity

This Agreement shall become effective from the day which you install the Software Puroduct, or thirty (30) days after the day which you receive the Software Product, whichever

comesrst.

11. Termination by without Cause

You or Yokogawa may terminate this Agreement with thirty (30) days written notice to the other party.

12. Termination by Cause

Yokogawa may terminate this Agreement without any notice or demand to you immediately, if you breach any of the terms and conditions of the Agreement.

13. Effect of Termination

(1) Article2.(5),7.,8.and14.shallsurviveanyterminationofthisAgreement.

(2) When this Agreement is terminated, you shall return the Software Product and its copies to Yokogawa without delay, and if you destroy and dispose of the medium of the

Software Product under Yokogawa’s consent, you shall delete the contents of such media or destroy media surely.

(3) When this Agreement is terminated, Yokogawa shall not obligate to refund the price amount Yokogawa received to you.

14.GoverningLaw

(1) ThisAgreementshallbegovernedbyandconstruedunderthelawsofJapan.

(2) Alldisputes,controversiesordifferenceswhichmayarisebetweenthepartieshereto,outoforinrelationtoorinconnectionwiththisAgreementshallbenallysettledby

arbitrationinTokyo,JapaninaccordancewiththeCommercialArbitrationRulesofTheJapanCommercialArbitrationAssociation.Theawardrenderedbythearbitrator(s)

shallbenalandbindinguponthepartieshereto.

Concluded.

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