
April 2013
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Quick Start Guide
within thirty (30) days of written notice of breach, Licensee has failed to fully
correct the breach. Upon termination, Licensee shall cease using the Software
and Documentation and provide written certification to Rosemount Inc. within
thirty (30) days of termination that Licensee has destroyed the Software, its
Documentation and all archival or other copies thereof. This requirement applies
to copies in all forms, partial and complete, whether or not modified or merged
into other materials.
ASSIGNMENT: Licensee may not assign, rent, lease, sub-license, or otherwise
transfer the Software of Licensee’s rights and obligations under this Agreement
without the prior written consent of Rosemount Inc. Rosemount Inc. may assign
this Agreement to any third party, provided such a party assumes the obligations
of Rosemount Inc. hereunder.
WARRANTY: FOR TWELVE (12) MONTHS FROM SHIPMENT BY ROSEMOUNT INC.
OF THE SOFTWARE AND DOCUMENTATION TO LICENSEE, ROSEMOUNT INC.
WARRANTS THE ORIGINAL SOFTWARE MEDIA AND PRINTED DOCUMENTATION
TO BE FREE FROM DEFECTIVE MATERIALS OF WORKMANSHIP IN NORMAL USE.
ROSEMOUNT INC. FURTHER WARRANTS THAT THE SOFTWARE WILL
SUBSTANTIALLY PREFORM IN ACCORDANCE WITH THE ROSEMOUNT INC.
PUBLISHED SPECIFICATIONS FOR SUCH PERIOD. ROSEMOUNT INC. DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S SPECIFIC
REQUIREMENTS OR WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
ROSEMOUNT INC. WILL REPLACE OR REPAIR, FREE OF CHARGE, THAT SOFTWARE
MEDIA OR DOCUMENTATION WHICH IT FINDS TO BE DEFECTIVE IN MATERIAL OR
WORKMANSHIP IF RETURNED TO ROSEMOUNT INC., TRANSPORTATION
CHARGES PREPAID, WITHIN THE FORGOING PERIOD. ROSEMOUNT INC. GRANTS
ONLY THE ABOVE STATED EXPRESS WARRANTY. NO OTHER WARRANTIES ARE
GRANTED INCLUDING, BUT NOT LIMITED TO, EXPRESS AND IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIVE REMEDIES: For breach of warranty. Licensee’s sole and exclusive
remedy, and the Rosemount Inc. entire liability, shall be, the election of
Rosemount Inc., the replacement or repair of the defective Software media and
or Documentation, or, refund or applicable license fee to Licensee.
LIABILITY: Licensee retains sole responsibility for adequate protection or back-up
of its own data used in conjunction with the Software. In no event, whether in an
action at law or in equity and regardless of the form of the claim, shall Rosemount
Inc. be liable for: (a) any and all special, incidental, indirect, or consequential
damages; (b) any and all damages whatsoever resulting from business
interruption or loss of use, data, profits, product, or work days; (c) any and all
damages resulting from or relating to modifications made by License to
hardware, including, but not limited to the Rosemount Inc. device, or other
software using the Software or Documentation; or (d) any and all property
damage arising out of, or in conjunction with, this Agreement or the use or
performance of the Software. No third party suppliers of programs contained
within the Software shall be liable for direct, indirect, incidental, or consequential
damages arising from the use of the Software. The Rosemount Inc. liability for
damages hereunder shall in no event exceed an amount equal to the frees paid by
Licensee under this Agreement. The provisions of this section allocate the risk
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