YOKOGAWA Sushi Sensor XS770A User Manual page 54

2.3 Any and all technology, algorithms, know-how and process contained in or applicable on
the Software Product are the intellectual property or trade secret of Yokogawa or any of its
licensors. Copyright, trademark and any other intellectual property rights in and ownership
of the Software Product shall be retained by Yokogawa or any of its licensors and none of
the rights will be transferred to Licensee hereunder.
2.4 Licensee agrees to maintain the aforementioned intellectual property and trade secrets of
Yokogawa or any of its licensors and key codes (software license files) in strict confidence,
not to disclose it to any party other than Licensee's employees, officers, directors or similar
staff who have a legitimate need to know to use the Software Product and agreed in
writing to abide by the obligations hereunder.
2.5 Upon expiration or termination of this Agreement, any copies of the Software Product
retained in Recommended Terminals shall be deleted irretrievably. If Licensee disposes of
Recommended Terminals in which the Software Product or its copy is stored, the contents
shall be irretrievably deleted.
2.6 The Software Product contains open source software ("OSS"), for which the special terms
and conditions set forth in Appendix 1 shall take precedence over this Agreement.
3. Restrictions on use
3.1 Unless otherwise agreed in writing between Licensee and Yokogawa, the Software
Product is not intended, designed, produced or licensed for aircraft operation or control,
ship navigation, or ground facility or device for support of the aforesaid operation or
control, nor for planning, construction, maintenance or operation of any nuclear related
facility.
3.2 If the Software Product is used for the above mentioned purposes, neither Yokogawa nor
Supplier assumes liability for any claim or damage arising from the said use and Licensee
shall indemnify and hold Yokogawa, Supplier, their affiliates, subcontractors, officers,
directors, employees and agents harmless from any liability or damage whatsoever,
including any court costs and attorney's fees, arising out of or related to the said use.
4. No Warranty
4.1 THE SOFTWARE PRODUCT SHALL BE PROVIDED TO LICENSEE ON AN "AS
IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOKOGAWA
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOKOGAWA DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET
ANY REQUIREMENTS OR NEEDS LICENSEE MAY HAVE, THAT THE SOFTWARE
PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION,
THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PRODUCT WILL BE
CORRECTED, THAT THE SOFTWARE PRODUCT HAS NO INCONSISTENCY OR
INTERFERENCE WITH OTHER SOFTWARE, THAT THE SOFTWARE PRODUCT
OR THE RESULTS ARISING THEREFROM IS PRECISE, RELIABLE OR UP-TO-
DATE, THAT THE SOFTWARE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR
SOFTWARE REQUIRED TO RUN THE SOFTWARE PRODUCT, OR THAT THE
SOFTWARE PRODUCT IS FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO LICENSEE.
4.2 Notwithstanding the forgoing, the warranty for OSS shall apply to Clause 2.6.
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