Appendix 8 End User License Agreement - YASKAWA AQ6370B User Manual

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Appendix 8 END USER LICENSE AGREEMENT

• You have acquired a device ("DEVICE") that includes software licensed by YOKOGAWA ELECTRIC CORPORATION from Microsoft
Licensing Inc. or its affiliates ("MS"). Those installed software products of MS origin, as well as associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties. The SOFTWARE
is licensed, not sold. All rights reserved.
• IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR COPY THE
SOFTWARE. INSTEAD, PROMPTLY CONTACT YOKOGAWA ELECTRIC CORPORATION FOR INSTRUCTIONS ON RETURN OF
THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE
DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
• GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
• You may use the SOFTWARE only on the DEVICE.
• NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. YOKOGAWA ELECTRIC CORPORATION HAS
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON
YOKOGAWA ELECTRIC CORPORATION TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE
IS SUITABLE FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided "AS IS" and with all faults. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK
OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, MS.
• Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is not fault tolerant
and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal
injury, or severe physical or environmental damage. Sun Microsystems, Inc. has contractually obligated MS to make this disclaimer.
• No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN
EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble
the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
• SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under this EULA
only as part of a permanent sale or transfer of the Device, and only if the recipient agrees to this EULA. If the SOFTWARE is an
upgrade, any transfer must also include all prior versions of the SOFTWARE.
• EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is of US-origin. You agree to comply with all applicable
international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-
user, end-use and country destination restrictions issued by U.S. and other governments. For additional information on exporting the
SOFTWARE, see http://www.microsoft.com/exporting/.
Installation and Use. The SOFTWARE may not be used by more than two (2) processors at any one time on the DEVICE. You may
permit a maximum of ten (10) computers or other electronic devices (each a "Client") to connect to the DEVICE to utilize the services
of the SOFTWARE solely for file and print services, internet information services, and remote access (including connection sharing
and telephony services). The ten (10) connection maximum includes any indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates connections. Except as otherwise permitted in the NetMeeting/Remote Assistance/
Remote Desktop Features terms below, you may not use a Client to use, access, display or run the SOFTWARE, the SOFTWARE's user
interface or other executable software residing on the DEVICE.
If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft Windows
NT Server 4.0 (all editions) or Microsoft Windows 2000 Server (all editions)), or use the DEVICE to permit workstation or computing
devices to access or utilize the services or functionality of Microsoft Windows Server products, you may be required to obtain a Client
Access License for the Device and/or each such workstation or computing device. Please refer to the end user license agreement for
your Microsoft Windows Server product for additional information.
IM 735302-01E
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