SOFTWARE LICENSE AGREEMENT for [Rosemount] Radar Master 

BY OPENING THIS PACKAGE CONTAINING THE SOFTWARE PRODUCT YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED. Rosemount Tank Radar AB. (RTR) provides this software product and related materials for your use. You assume responsibility for the acquisition of a machine and associated equipment compatible with the software product, and for installation, use, and results obtained from the software product. 

RTR grants to you a non-transferable, non-exclusive license to: (a) use licensed software product  provided to you to run on multiple machines; (b) copy the software product for backup or modification purposes in support of the software product. You must reproduce and include the copyright notice on any copy or modification. YOU MAY NOT REVERSE ENGINEER, USE, COPY OR MODIFY ANY SOFTWARE PRODUCT OR RELATED MATERIALS OR ANY COPY OR MODIFICATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. No license, express or implied, is granted under any intellectual property directly or indirectly owned by RTR which does not specifically read on the software product as provided hereunder, nor shall any license, except the license specifically granted herein, be implied in law, implied in equity, or exist under the doctrine of patent exhaustion.

TITLE
Title to and ownership of the software product and related materials shall at all times remain with RTR or its licensors. Your right to use the same is at all times subject to the terms and condition of this Agreement. RTR may, from time to time, revise or update the software product and/or related materials and, in so doing, incurs no obligation to furnish such revisions or updates to you.

LIMITED WARRANTY
RTR warrants the media on which the software product 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. However, RTR does not warrant that the functions contained in the software product will meet your requirements or that the operation of the software product will be uninterrupted or error free.  THE SOFTWARE PRODUCT 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, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATIONS OF REMEDIES
RTR's entire liability and your exclusive remedy shall be: (1) the replacement of any media not meeting RTR's "Limited Warranty" and which is returned with a copy of your invoice to Rosemount Tank Radar AB, Box 150, 435 23 Mlnlycke, Sweden or (2) if RTR is unable to deliver a replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the software product. IN NO EVENT WILL RTR 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 SOFTWARE PRODUCT EVEN IF RTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

GOVERNING LAW
This Agreement, and all matters concerning its construction, interpretation, performance or validity, shall be governed by the laws of Sweden, excluding its conflict laws.

EXPORT RESTRICTIONS
Licensee shall comply with all applicable import, export control and sanctions laws, regulations, orders and requirements, as they may be amended from time to time, including without limitation those of the United States, the European Union and the jurisdictions in which Licensee is established and the requirements of any licenses, authorizations, general licenses or license exceptions relating thereto will apply to its receipt and use of the software. In no event shall Licensee use, transfer, release, export or re-export any such software in violation of such applicable laws, regulations, orders or requirements or the requirements of any licenses, authorizations or license exceptions relating thereto.

GENERAL
You may not sublicense, assign, or transfer the license or the software product and related materials without the prior written consent of RTR. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties, or obligations hereunder without such consent is void.

THE SOFTWARE PRODUCT IS NOT FOR USE IN ANY NUCLEAR AND RELATED APPLICATIONS. You accept the software product with the foregoing understanding and agree to indemnify and hold harmless RTR from any claims, losses, suits, judgements and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that RTRs liability is based on negligence or strict liability.

To the extent that a third party owns and has licensed to RTR any portion of the software product, such third-party owner shall be a beneficiary of this Agreement, and shall have the right to enforce its rights under this Agreement independently of RTR. 

Should you have any question concerning this Agreement, please contact your RTR representative or sales office.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE 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, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU AGREE THAT RTR MAY AUDIT YOUR FACILITY TO CONFIRM COMPLIANCE WITH THE FOREGOING PROVISIONS. 


Rosemount Tank Radar AB						
Telephone: +46 31 337 00 00
Telefax: +46 31 25 30 02
Box 150								
SE-435 33  MLNLYCKE
SWEDEN
