Xylem H-264 User Manual

Model

H-264

Owner's Manual

User Agreement/

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1. NATURE OF THE PRODUCT

This agreement accompanies a pressure measuring/data collection system comprising micro­coded circuitry and other electronic equipment sealed in an enclosed housing and packaged
together with written instructional materials. The packaged electronic circuitry and instructional
materials herein are collectively referred to as the “PRODUCT.” The PRODUCT is made
available from DESIGN ANALYSIS ASSOCIATES, INC., of 75 West 100 South, Logan, Utah
84321 (hereinafter referred to as “DESIGN ANALYSIS”), and contains information and
embodies technology that is confidential and proprietary to DESIGN ANALYSIS, and the
availability and use of the PRODUCT is extended to you, the USER, solely on the basis of the
terms of agreement which follow.

2. ACKNOWLEDGMENTS BY USER

Opening the package which encloses the accompanying PRODUCT indicates your acceptance of
the terms and conditions of this agreement and constitutes an acknowledgment by you of the
confidential and proprietary nature of the rights of DESIGN ANALYSIS in the PRODUCT.

LOG® Warranty

3. DUTIES OF YOU, THE USER

In consideration for the access to and use of the PRODUCT extended to you by DESIGN
ANALYSIS, and to protect the confidential and proprietary information of DESIGN
ANALYSIS, USER agrees as follows:

(a) USER agrees that they will not open the sealed housing of the PRODUCT, and that

they will take all necessary precautions to prevent their employees, agents,
subcontractors, and resellers from doing so.

(b) USER agrees that they will not remove from the exterior of the housing of the

PRODUCT any warnings against opening or notices of proprietary interest placed
thereon by DESIGN ANALYSIS, and that they will take all necessary precautions to
prevent their employees, agents, subcontractors, and resellers form removing such
markings therefrom.

(c) USER agrees to treat the PRODUCT with the same degree of care as USER exercises

in relation to their own confidential and proprietary information.

(d) USER agrees to return the PRODUCT to DESIGN ANALYSIS if and when the

PRODUCT is deemed to be no longer of use. In return therefore, USER will receive
from DESIGN ANALYSIS a redemption fee of $10.00.

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4. TERM

USER may enjoy these rights only as long as their possession of the PRODUCT shall continue to
be rightful. These rights will cease if the PRODUCT is returned to DESIGN ANALYSIS under
the terms of any redemption offer, warranty, or money-back guarantee, or if USER transfers the
PRODUCT to another party on terms inconsistent with this agreement.

5. LIMITED WARRANTY

(a) What is Covered

DESIGN ANALYSIS warrants that for a period of twelve months from the time of
purchase the functions to be performed by the PRODUCT will be substantially in
compliance with USER documentation. DESIGN ANALYSIS also warrants that the
PRODUCT will be free from defects in materials and workmanship for a period of
ONE YEAR from the date of purchase.

(b) What USER Must Do

If the product fails to satisfy the above warranty, USER must notify DESIGN
ANALYSIS in writing within the applicable period specified above, and reasonably
cooperate with the directions they receive from DESIGN ANALYSIS.

(c) What DESIGN ANALYSIS Will Do

DESIGN ANALYSIS will repair the PRODUCT, or will endeavor to provide a
replacement of same within a reasonable period of time. In the event that DESIGN
ANALYSIS is unable to make the necessary repairs or replacement within a
reasonable period of time, the original purchase price will be refunded upon the
return of the PRODUCT to DESIGN ANALYSIS.

(d) Limitations

(i) THIS LIMITED WARRANTY IS VOIDED WHERE THE SEALED

HOUSING OF THE PRODUCT HAS BEEN OPENED.

(ii) THE ENTIRE REMEDY FOR BREACH OF THIS LIMITED WARRANTY

SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE
PRODUCT OR REFUNDING OF THE PURCHASE PRICE, AS SET FORTH
ABOVE. IN NO EVENT WILL THE LIABILITY OF DESIGN ANALYSIS TO
USER OR TO ANY OTHER PARTY EXCEED THE ORIGINAL PURCHASE
PRICE OF THE PRODUCT, REGARDLESS OF THE FORM OF THE
CLAIM.

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(iii) EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN

ANALYSIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(iv) UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE

FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY
OTHER DAMAGES OR CLAIMS ARISING FROM THE USE OF THIS
PRODUCT, THIS INCLUDES LOSS OF PROFITS OR ANY OTHER
COMMERCIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL DESIGN ANALYSIS BE LIABLE
FOR ANY CLAIMS, LIABILITY, OR DAMAGES ARISING FROM
MODIFICATION MADE THEREIN, OTHER THAN BY DESIGN
ANALYSIS.

(v) Should the exclusive remedy stated in subparagraph 6 (d) (ii) above be

determined by a proper court of law to have failed of its essential purpose, the
limitation of the obligations of DESIGN ANALYSIS stated in subparagraphs 6
(d) (iii) and (iv) shall remain valid.

(vi) THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS.

USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

6. BINDING AGREEMENT

This is a binding agreement, and if not understood, USER should seek competent legal advice.
By paying for the PRODUCT and opening the package, USER acknowledges to have read this
Agreement and has agreed to be bound by its terms and conditions.

7. GOVERNING LAW

This Agreement and its validity and interpretation shall be governed by the laws of the State of
Utah, notwithstanding any choice of law rules of Utah or any other state or jurisdiction.

8. U.S. GOVERNMENT RESTRICTED RIGHTS

Use, duplication, or disclosure by the United States Government is subject to restrictions set forth
in paragraph (c) (1) (ii) of the rights in Technical Data and Computer Software clause at 52.227-

7013. The Contractor-manufacturer is DESIGN ANALYSIS ASSOCIATES, INC., 75 West
100 South, Logan, Utah 84321.

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LOG® Warranty W-3