Xylem H-340 User Manual

Model

H-340

Tipping Bucket Rain Gauge

Owner's Manual

Version 1.1

Design Analysis Associates
75 West 100 South
Logan, UT 84321 USA
Phone: [phone]
Fax: [phone]

User Agreement/

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1. NATURE OF THE PRODUCT

This agreement accompanies a pressure measuring system comprising micro-coded 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, sub-contractors, 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.

H-340

User Agreement/W

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LOG® Warranty W-1

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 received 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.

W-2 User Agreement/W

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LOG® Warranty

H-340