viii Series 3080 Electrostatic Classifiers
(effective March 1999)
This is a legal agreement between you, the end user, and TSI Incorporated. BY
INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE UNOPENED PACKAGE AND THE
ACCOMPANYING ITEMS (including written materials and binders or other
containers) to TSI for a full refund.
1. GRANT OF LICENSE. TSI grants to you the right to use one copy of the enclosed
TSI software program (the “SOFTWARE”), on a single computer. You may not
network the SOFTWARE or otherwise use it on more than one computer or
computer terminal at the same time.
2. COPYRIGHT. The SOFTWARE is owned by TSI and is protected by United
States copyright laws and international treaty provisions. Therefore, you must
treat the SOFTWARE like any other copyrighted material (e.g., a book or musical
recording) except that you may either (a) make one copy of the SOFTWARE solely
for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard
disk provided you keep the original solely for backup or archival purposes.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you
may transfer the SOFTWARE and accompanying written material on a permanent
basis, provided you retain no copies and the recipient agrees to the terms of this
Agreement. You may not reverse-engineer, decompile, or disassemble the
SOFTWARE.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains multiple types
of media, then you may use only the media appropriate for your single-user
computer. You may not use the other media on another computer or loan, rent,
lease, or transfer them to another user except as part of the permanent transfer
(as provided above) of all SOFTWARE and written material.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to the restrictions set forth in the “Rights
in Technical Data and Computer Software” Clause at 252.227-7013 and the
“Commercial Computer Software - Restricted Rights” clause at 52.227-19.
6. LIMITED WARRANTY. TSI warrants that the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a period
of ninety (90) days from the date of receipt.
7. CUSTOMER REMEDIES. TSI’s entire liability and your exclusive remedy shall
be, at TSI’s option, either (a) return of the price paid or (b) repair or replacement of
the SOFTWARE that does not meet this Limited Warranty and which is returned
to TSI with proof of payment. This Limited Warranty is void if failure of the
SOFTWARE has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
8. NO OTHER WARRANTIES. TSI disclaims all other warranties, either express or
implied, including, but not limited to implied warranties of merchantability and
fitness for a particular purpose, with regard to the SOFTWARE and the
accompanying written materials.
9. NO LIABILTY FOR CONSEQUENTIAL DAMAGES. In no event shall TSI be liable
for any damages whatsoever (including, without limitation, special, incidental,
consequential or indirect damages for personal injury, loss of business profits,
business interruption, loss of information or any other pecuniary loss) arising out
of the use of, or inability to use, this SOFTWARE.
Trademarks
Scanning Mobility Particle Sizer
TM
and SMPS
TM
are trademarks of TSI Incorporated.
Aerosol Instrument Manager
®
is a registered trademark of TSI Incorporated.
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