Owner's manual

ManualsBrandsMadgeTech ManualsRelayQuadTemp2000 Data Logger

Data Logger Manual

Page 23

WARRANTIES AND COVENANTS, EXPRESSED OR IMPLIED, IN REGARD THERETO. EXCEPT

FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS SECTION, SELLER DOES

NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND

WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED OR STATUTORY,

INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ACCURACY, ADEQUACY OR

COMPLETENESS OF DATA MEASUREMENT, WITH RESPECT TO ANY OF THE SELLER

MANUFACTURED PRODUCTS, CONSUMABLES OR SOFTWARE, OR ANY OF THE SELLER

PROVIDED SERVICES.

Any drawings submitted with the Products are only to show the general style,

arrangement, and approximate dimensions of the Products.

B. Equipment, Consumables, Software and Services Manufactured or Provided by Others.

SELLER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS

AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED OR

STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY PARTICULAR PURPOSE, NONINFRINGEMENT OR ACCURACY,

ADEQUACY OR COMPLETENESS OF DATA MEASUREMENT, WITH RESPECT TO ANY

EQUIPMENT, COMPONENTS, PARTS, CONSUMABLES, SOFTWARE OR SERVICES SOLD TO

BUYER BY SELLER THAT ARE NOT MANUFACTURED OR PROVIDED BY SELLER. Seller shall

assign the manufacturer’s or service provider’s warranty applicable to such equipment,

components, parts, consumables, Software and services to the extent permitted, to Buyer.

Seller will provide Buyer with available warranty information.

21. Limitations.

IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION

(WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER

TORT OR OTHERWISE), SHALL SELLER’S LIABILITY EXCEED THE PRICE ACTUALLY PAID BY

BUYER TO SELLER FOR THE SPECIFIC PRODUCTS, CONSUMABLES AND/OR SOFTWARE

MANUFACTURED, AND/OR SERVICES PROVIDED, BY SELLER GIVING RISE TO THE CLAIM

OR CAUSE OF ACTION. SELLER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE

FOR ANY LOSS OF REVENUE, LOSS OF PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL,

EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE. NO AC-

TION, REGARDLESS OF FORM, ARISING OUT OF ANY TRANSACTION GOVERNED BY THESE

TERMS AND CONDITIONS, MAY BE BROUGHT BY EITHER PARTY MORE THAN TWO (2)

YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. The foregoing allocation of risk and

limitation of liability has been agreed to by the parties and forms the basis of their willingness

to enter into any accepted order.

22. Software License.

(A) For purposes hereof, “Software” means the computer programs included in the

Product at delivery, together with all codes, techniques, software tools, formats, designs,

concepts, methods, and ideas associated with those computer programs. The term also

includes all copies of any part of the software, as well as the manual(s) and printed materials

provided by Seller.

(B) Seller grants Buyer a non- exclusive, non-transferable license to use the Software,

in object code form only, according to the terms set forth below. Buyer may operate the

Software only (i) in conjunction with and as part of the Product; (ii) in the manner in which it

is intended by Seller; and (iii) at Buyer’s plant site where the Product is ﬁrst used. Buyer may

negotiate with Seller separate licenses to use the Software at other plant sites. Buyer’s use of

Software shall be governed exclusively by Seller’s and/or an third party owner’s applicable

license terms.