Installation guide

Quick Installation Guide
00825-0100-4825, Rev DB
February 2011
Rosemount 248
19
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 breech 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 under
this Agreement between Rosemount Inc. and Licensee. Rosemount Inc. pricing reflects this
allocation of risk and the limitation of liability specified herein.
GOVERNING LAW
: The laws of the State of Minnesota shall govern as to the interpretation,
validity, and effect of this Agreement and the parties agree that Minnesota is the desired
venue for formal resolution of all disputes not amicably settled by discussion between the
parties.
EXPORT
: Licensee agrees to comply with all relevant laws and regulations of the United
States including the U.S. Export Administration regulations to assure that the Software and
Documentation are not exported in violation of such laws and regulations.
00825-0100-4825.fm Page 19 Friday, February 18, 2011 11:49 AM