SM3000
Multipoint Videographic Recorder
Appendix I – End User License Agreement
IM/SM3000–EN Rev. L
191
Appendix I – End User License Agreement
You have acquired a ScreenMaster graphical recorder ('ScreenMaster') that includes software licensed by ABB 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 copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The software is licensed, not sold.
If you do not agree to this end user license agreement ('EULA'), do not use the ScreenMaster or copy the software. Instead, promptly
contact ABB for instructions on return of the unused ScreenMaster for a refund. Any use of the software, including but not limited to
use on the ScreenMaster, will constitute your agreement to this EULA (or ratification of any previous consent).
Grant of license.
The software is licensed, not sold. This EULA grants you the following rights to the software:
1.
You may use the software only on the ScreenMaster.
2.
Not fault tolerant.
The software is not fault tolerant. ABB has independently determined how to use the software in the
ScreenMaster, and MS has relied upon ABB to conduct sufficient testing to determine that the software is suitable for such use.
3.
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 ScreenMaster or the
software, those warranties do not originate from, and are not binding on, MS.
4.
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.
ABB informs users that the ScreenMaster does not contain programs written in Java.
5.
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 and fifty
dollars (U.S.$250.00).
6.
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.
7.
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 ScreenMaster, 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.
8.
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 administrations, 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