Important - Read carefully before initiating a system
purchase. By accepting this proposal, and by depositing monies with Flowcon for completion
of this transaction, you indicate your acceptance of the following Flowcon License
Flowcon Hardware Warranty and
Software Repair Policy
warrants the system components
(hardware) for a period of six
months, or the original manufacturer's warranty, whichever is greater. Flowcon will
attempt to repair any software
defects on a best effort basis, for
a period of two years after date of purchase at no charge to you the customer.
This is a legal agreement between you
(either an individual or an entity) and 2200 Microsystems, Inc., a California corporation,
operating under the trade name of Flowcon, and hereafter referred to as Flowcon, and
constitutes Flowcon's sole agreement with you, and is in lieu of all other representations
expressed or implied. By accepting this proposal, and by depositing monies with Flowcon
for completion of this transaction, you are agreeing to be bound by the terms of this
agreement. If you do not agree to the terms of this agreement, promptly notify Flowcon for
cancellation of this transaction.
of License. As a part of your purchase of a Flowcon batch system,
Flowcon grants to you the right to install and use copies of the Flowcon batch control
software, as designed and delivered specifically for your application, on any single
computer you designate to control your application. Additionally, you may, under separate
agreement, obtain written permission from Flowcon to operate this software on a spare
system, either in simulation, or solely as a backup for your main control system. You
understand that only one system may be used for actual control of your process at any one
time. The SOFTWARE is in "use" on a computer when it is loaded into temporary
memory (i.e. RAM).
The SOFTWARE is owned by Flowcon and is protected by United States
copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE
like any other copyrighted material (e.g. a book or musical recording). You may not copy
the written materials accompanying the Software except in the specific support of this
RESTRICTIONS. You may not rent or lease the SOFTWARE. Further,
understand that this software is custom designed to exactly fit your application.
Therefore, it would be imprudent, and possibly dangerous, to transfer this SOFTWARE to
another application. In event of permanent transfer, you agree to relinquish all right to
further use of the SOFTWARE, transfer all rights to the new owner, and notify FLOWCON of
such a transfer. Any transfer must include all prior versions.
You may not reverse engineer,
de-compile, or disassemble the SOFTWARE.
The SOFTWARE (including instructions
for its use) is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. FLOWCON FURTHER
DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR A FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. FLOWCON
MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.
IN NO EVENT SHALL FLOWCON, ITS AUTHORS, OR ANYONE ELSE INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR DOCUMENTATION, EVEN IF FLOWCON HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FLOWCON'S LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE COST OF THE REPAIR OR
REPLACEMENT OF DEFECTIVE SOFTWARE.