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IEC
& FIRSTVUE
FISHER
SOFTWARE LICENSE AGREEMENT BEFORE DOWNLOADING THIS PACKAGE AND/OR PROGRAM ("PROGRAM"), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BEFORE DOWNLOADING THE PROGRAM, YOU MUST AGREE TO THIS LICENSE AGREEMENT. FOR YOUR INFORMATION, THE LICENSE IS DISPLAYED BELOW. DOWNLOADING THIS PROGRAM INDICATES YOUR AGREEMENT TO AND/OR CONFIRMATION THAT A LICENSE AGREEMENT EXISTS BETWEEN YOU AND FISHER. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD CANCEL THE DOWNLOAD OF THIS PROGRAM OR PROMPTLY RETURN THE PROGRAM UNOPENED AND YOUR MONEY WILL BE REFUNDED IF YOU PAID FOR THE PROGRAM. IF YOU ARE DOWNLOADING THIS PROGRAM ELECTRONICALLY, YOU MAY BE ASKED TO PROVIDE REGISTRATION INFORMATION IN CONNECTION WITH THE DOWNLOAD. FAILURE TO PROVIDE ACCURATE REGISTRATION INFORMATION, SUCH AS, BUT NOT LIMITED TO, BY PROVIDING FALSE OR MISLEADING REGISTRATION INFORMATION, VOIDS THIS AGREEMENT AND ANY USE, TRANSFER AND/OR COPYING BY YOU OF THE PROGRAM IS UNLICENSED AND PROHIBITED. Fisher Controls International LLC (Fisher) provides this computer program and related materials for your use. You assume responsibility for the acquisition of a machine and associated equipment compatible with the program, and for installation, use, and results obtained from the program. IF YOU HAVE RECEIVED OR ACQUIRED THIS PROGRAM FROM ANYONE OTHER THAN FISHER, SUCH TRANSFER WAS ILLEGAL AND YOU ARE NOT LICENSED TO USE THIS PROGRAM. PLEASE CONTACT FISHER FOR A LICENSED COPY. LICENSE Fisher grants to you a royalty-free, personal, non-transferable, non-sublicensable, non-exclusive license to: a. use the program on one or more machines owned by you and/or on one or more machines within your organization. However, you are specifically prohibited from using the program and/or the output of the program in support of your actual, future, planned or proposed commercial sale or resale of a refurbished, rebuilt or reproduced valve or any portion of a valve. b. copy the program for backup purposes in support of your use of the program under (a) above. You may not offer this program for sale, purchase, distribution or other similar activities. This program is copyrighted by Fisher and you must reproduce and include any copyright notice associated with the program on any copy, modification, or portion merged into another program. YOU MAY NOT USE, COPY, OR MODIFY THE PROGRAM OR RELATED MATERIALS, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. YOU MAY NOT REVERSE ENGINEER, USE, COPY, OR MODIFY ANY PROGRAM OR ANY COPY OR MODIFICATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE PROGRAM OR RELATED MATERIALS TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. BY AGREEMENT TO AND/OR CONFIRMATION OF THIS LICENSE YOU AGREE THAT ANY PREVIOUS LICENSE(S) TO ANY PREVIOUS VERSION(S) OF THIS PROGRAM ARE PERMANENTLY TERMINATED, UNLESS OTHERWISE INDICATED IN WRITING BY FISHER. TERM This license is effective upon downloading this package. You may terminate it at any time by destroying the program and the related materials together with all copies, modifications, and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program and the related materials together with all copies, modification, and merged portions in any form. Fisher may, at Fisher’s sole discretion, terminate this license at any time and for any reason by providing written or electronic notice to you of such termination. Such termination is effective immediately upon your receipt of such notice of termination. LIMITED WARRANTY THE PROGRAM AND RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Fisher does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free. However, Fisher warrants the diskette(s), if any, on which the program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your invoice. Fisher may, from time to time, revise or update the program and/or related materials and, in so doing, incurs no obligation to furnish such revisions or updates to you. TITLE Title to and ownership of the program and related materials shall at all times remain with Fisher and Fisher’s licensors. Your right to use the same is at all times subject to the terms and conditions of this Agreement. LIMITATIONS OF REMEDIES Fisher’s entire liability and your exclusive remedy shall be: 1. the replacement of any diskette not meeting Fisher’s "Limited Warranty" and which is returned with a copy of your invoice to Fisher Controls International LLC, 205 South Center Street, Marshalltown, Iowa 50158, or 2. if Fisher is unable to deliver a replacement diskette which is free of defects in materials or workmanship, you may terminate this Agreement by returning the program and your money, if any, will be refunded. IN NO EVENT WILL FISHER BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF ANY CAUSES WHATSOEVER (WHETHER SUCH CAUSES BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, PATENT INFRINGEMENT OR OTHERWISE), INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF FISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY. GENERAL You may not sublicense, assign, or transfer the license or the program and related materials without the prior written consent of Fisher. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties, or obligations hereunder without such consent is void. Should you have any questions concerning this Agreement, please contact your Fisher representative or sales office. EXPORT RESTRICTIONS: You shall comply fully with all laws, regulations, decrees and orders of the United States of America that restrict or prohibit the exportation (or re-exportation) of technical data and/or the direct product of it to other countries, including, without limitation, the U.S. Export Administration Regulations. U.S. GOVERNMENT RIGHTS: The programs
and related materials are provided with "RESTRICTED
RIGHTS." Use, duplication or disclosure by the U.S. Government
is subject to restrictions set forth in the Federal Acquisition
Regulations and its Supplements. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE AND/OR CONFIRM THAT YOU ARE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, EXCEPT THE MASTER LICENSE AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU AGREE THAT FISHER MAY AUDIT YOUR FACILITY TO CONFIRM COMPLIANCE OF THE FOREGOING PROVISIONS. This agreement is to be interpreted under the laws of the State of Texas, United States of America, regardless of the forum state’s conflicts of laws provisions and you consent to the jurisdiction of any court in the United States of America with respect to this agreement. The United Nations Convention on the International Sale of Goods shall not apply to this agreement.
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