User Guide

TStatSpec
TM
47
End-User License Agreement for TStatSpec Software
Licensing and Disclaimer Information
License Agreement
READ THE TERMS AND CONDITIONS OF THIS LIMITED
WARRANTY AND LIMITATION OF LIABILITY CAREFULLY
BEFORE INSTALLING ANY PART OF THIS TSTATSPEC
SOFTWARE (THE "SOFTWARE").
BY INSTALLING THE SOFTWARE, YOU ARE ACCEPTING, AND
AGREEING TO, THE TERMS OF THIS LIMITED WARRANTY AND
LIMITATIONS OF LIABILITY. IF YOU ARE NOT WILLING TO BE
BOUND BY THE TERMS OF THIS LIMITED WARRANTY AND
LIMITATIONS OF LIABILITY, YOU SHOULD PROMPTLY RETURN
THE SOFTWARE TO THE PLACE OF PURCHASE, AND YOU
WILL RECEIVE A FULL REFUND OF THE PURCHASE PRICE.
THIS LIMITED WARRANTY AND LIMITATION OF LIABILITY AND
THE LICENSE AGREEMENT THAT FOLLOWS REPRESENT THE
ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN
YOU AND HONEYWELL INTERNATIONAL INC., ITS AFFILIATES,
SUBSIDIARIES, AND ANY OTHER COMPANY OR ENTITY WHICH,
IN ADDITION TO HONEYWELL INTERNATIONAL INC., IS
AUTHORIZED TO PROMOTE OR MARKET THE PROGRAM OR
SOFTWARE OF WHICH IT IS A PART (COLLECTIVELY,
‘HONEYWELL’), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES.
1. Limited Warranty. HONEYWELL INTERNATIONAL INC. war-
rants that a) the SOFTWARE will perform substantially in
accordance with the written materials included with the SOFT-
WARE (the User's Manual) for a period of ninety (90) days
from the date of purchase. If, during the applicable warranty
period, the software does not operate in compliance with the
User's Manual, your exclusive remedy will be, at HONEYWELL
INTERNATIONAL INC.’s sole option, either a) a return of the
purchase price paid by you; or b) repair or replacement of the
software. This limited warranty will not apply if the damage or
malfunction occurs through no fault of HONEYWELL INTER-
NATIONAL INC. while the SOFTWARE is in your possession,
or occurs because the SOFTWARE has been altered, mis-
used, or tampered with, or has been operated or used contrary
to the operating instructions. This warranty does not cover
damage resulting from unauthorized attempts to repair or from
any use not in accordance with the User's Manual. Any
replacement SOFTWARE provided by HONEYWELL INTER-
NATIONAL INC. pursuant to the terms of this Limited Warranty
will be warranted for the remainder of the original warranty
period or for thirty (30) days from the date of receipt, whichever
is longer. You agree that the foregoing constitutes your sole
and exclusive remedy for breach by HONEYWELL INTERNA-
TIONAL INC. of any warranties made under this Agreement.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE ON THIS
PRODUCT IS LIMITED IN DURATION TO THE DURATION
OF THIS WARRANTY. Some states do not allow limitations
on how long an implied warranty will last, so the above
limitations may not apply to you.
WITH THE EXCEPTION OF THE FOREGOING LIMITED
WARRANTY, HONEYWELL INTERNATIONAL INC. MAKES
NO OTHER WARRANTIES, EXPRESS OR IMPLIED, THAT
EITHER THE PROGRAM SUPPLIED OR THE SYSTEM OF
WHICH IT IS A PART MAY NOT BE COMPROMISED, OR
THAT THE SYSTEM OR PROGRAM WILL IN EVERY CASE
PROVIDE THE PROTECTION FOR WHICH IT IS
INTENDED. IN NO EVENT WILL HONEYWELL
INTERNATIONAL INC., ITS EMPLOYEES, AGENTS OR
REPRESENTATIVES, BE RESPONSIBLE FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER.
Some states do not allow the exclusion or limitation of
incidental or consequential damages, so these limitations may
not apply to you.
This warranty gives you specific legal rights, and you may also
have other rights which vary from State to State.
2. Limitation of Liability.
YOU AGREE THAT YOU RETAIN THE SOLE
RESPONSIBILITY FOR THE LIFE AND HEALTH OF
PERSONS ON OR NEAR THE PREMISES IN WHICH THE
SYSTEM IS INSTALLED (THE ÒPREMISESÓ). BY
INSTALLING THE SOFTWARE, AND THEREBY
ACCEPTING THE TERMS OF THIS AGREEMENT, YOU
ACKNOWLEDGE AND AGREE THAT HONEYWELL
INTERNATIONAL INC. IS NOT RESPONSIBLE FOR
PERSONAL INJURY OR OTHER LOSSES WHICH ARE
ALLEGED TO BE CAUSED BY IMPROPER OPERATION OF
THE SOFTWARE, including cases where the SOFTWARE
never functions whether due to defects in the system or
HONEYWELL INTERNATIONAL INC.'s acts or omissions.
You agree that HONEYWELL INTERNATIONAL INC. is not
an insurer and that insurance, if any, covering personal injury
and other losses, shall be obtained by you. You further agree
that it would be impractical and extremely difficult to fix actual
damages which may arise in situations where there may be a
failure of the system, due to many factors, including, but not
limited to, the uncertain value of your property or the property
of others on the premises, the inability of HONEYWELL
INTERNATIONAL INC. to guarantee police, fire department
and medical alert response time and establishing a causal
connection between the system problems and your possible
loss. Therefore, if any liability is imposed on HONEYWELL
INTERNATIONAL INC., its employees, agents or
representatives FOR PROPERTY DAMAGE, PERSONAL
INJURY OR ANY OTHER LOSS, SUCH LIABILITY will be
limited to five hundred dollars ($500).
Since it is agreed that you retain the sole responsibility for the
life and safety of all persons on your premises, and for
protecting against personal injury and losses to your property
and the property of others on your premises, you agree to
indemnify and hold harmless HONEYWELL
INTERNATIONAL INC. from and against all claims, lawsuits
and losses by persons not a party to this agreement, alleged
to be caused by the improper operation or non-operation of
the system, including cases where the system never functions
whether due to defects in the system or HONEYWELL
INTERNATIONAL INC.'s acts or omissions.
3.
Permitted Use and Restrictions. You may install and use one
copy of the SOFTWARE on a single computer. You may make
a single copy of the SOFTWARE for back-up purposes and the
back-up copy must contain all copyright notices contained on
the original. You may not copy, modify, reverse engineer, subli-
cense, or distribute the SOFTWARE. The SOFTWARE and
any associated documentation contain confidential information
and all copyright, trademarks and all other intellectual property
rights in and to the SOFTWARE and documentation are and
shall remain the sole and exclusive property of HONEYWELL