Emerson 3-9000-763 User Manual

Daniel Measurement and Control, Inc. (“DANIEL”) provides this software (“Program”) and installation guide (collectively, “Daniel

MeterLink(TM) product”) for your use. You assume responsibility for the acquisition of a machine(s) and associated equipment

compatible with the Program, and for installation, use, and results obtained from the Program. DANIEL grants to you a non-

transferable, non-exclusive license to: (a) install and use the Program provided to you to run on any number of your machines and

(b) copy the Program for backup purposes. You must reproduce and include the copyright notice or any other proprietary notice on

any copy of the Program. YOU MAY NOT REVERSE ENGINEER, USE, COPY OR MODIFY ANY PROGRAM OR RELATED MATERIALS

TO ANOTHER PARTY, WITHOUT DANIEL'S PRIOR WRITTEN CONSENT, YOUR LICENSE IS AUTOMATICALLY TERMINATED. No

license, express or implied, is granted under any intellectual property directly or indirectly owned by DANIEL which does not

specifically read on the Daniel MeterLink(TM) product as provided hereunder, nor shall any license, except the license specifically

granted herein, be implied in law, implied in equity, or exist under the doctrine of patent exhaustion. The Daniel MeterLink(TM)

product accompanying this Agreement whether on disk, downloaded or on any other media or in any other form are licensed, not

sold, to you by DANIEL for use only under the terms of this Agreement, and DANIEL reserves all rights not expressly granted to you.

The terms of this Agreement will govern any software upgrades provided by DANIEL that replace and/or supplement the original

Daniel MeterLink(TM) product, unless such upgrade is accompanied by a separate license in which case the terms of that license will

govern.

1.

TITLE AND COPYRIGHT: Title to and ownership of the Daniel MeterLink(TM) product shall at all times remain with DANIEL or its

licensors and is protected by United States copyright laws and international treaty provisions. Your right to use the same is at all

times subject to the terms and condition of this Agreement. DANIEL may, from time to time, revise or update the program and/or

installation guide and, in so doing, incurs no obligation to furnish such revisions or updates to you.

2.

TERM: You may terminate this license at any time by destroying the media on which the Program was furnished and the

installation guide together with all copies in any form. In addition, the Program installed on the machine(s) must be uninstalled or

rendered unusable. This license will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply

with any term or condition of this Agreement. You agree upon such termination to destroy the media on which the Program was

furnished and the installation guide together with all copies in any form and to uninstall or render unusable the Program installed

on the machine(s).

3.

LIMITED WARRANTY: DANIEL warrants the media on which the Program is furnished to be free from defects in materials and

workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your

invoice. However, DANIEL does not warrant that the functions contained in the Program will meet your requirements or that the

operation of the Program will be uninterrupted or error free. THE DANIEL METERLINK(TM) PRODUCT IS PROVIDED“AS IS”

ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. The above Limited Warranty is void if the

failure of the Program has resulted from accident, abuse or misapplication.

4.

LIMITATIONS OF REMEDIES: DANIEL's entire liability and your exclusive remedy shall be the replacement of any media not

meeting DANIEL's “Limited Warranty”. IN NO EVENT SHALL DANIEL BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY.

5.

GOVERNING LAW: This Agreement, and all matters concerning its construction, interpretation, performance or validity, shall be

governed by the laws of the State of Texas, excluding its conflict laws.

6.

EXPORT RESTRICTIONS: You shall comply fully with all laws, regulations, decrees and orders of the United States of America that

restrict or prohibit the exportation (or re-exportation) of technical data and/or the direct product of it to other countries,

including, without limitation, the U.S. Export Administration Regulations.

7.

U.S. GOVERNMENT RIGHTS: The Daniel MeterLink(TM) product is provided with “RESTRICTED RIGHTS”. Use, duplication or

disclosure by the U.S. Government is subject to restrictions set forth in the Federal Acquisition Regulations and its Supplements.

8.

GENERAL: You may not sublicense, assign, or transfer the license or the Program and installation guide without the prior written

consent of DANIEL. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties, or obligations hereunder

without such consent is void. THE PROGRAM IS NOT FOR USE IN ANY NUCLEAR AND RELATED APPLICATIONS. You accept the

program with the foregoing understanding and agree to indemnify and hold harmless DANIEL from any claims, losses, suits,

judgments and damages, including incidental and consequential damages, arising from such use, whether the cause of action be

based in tort, contract or otherwise, including allegations that DANIEL's liability is based on negligence or strict liability. To the

extent that a third party owns and has licensed to DANIEL any portion of the program, such third party owner shall be a

beneficiary of this Agreement, and shall have the right to enforce its rights under this Agreement independently of DANIEL.

Should you have any question concerning this Agreement, please contact your DANIEL representative or sales office. YOU