Multi-Instrument Agreement

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Multi-Instrument Agreement

Data-merge and curve-fit software for NanoScan SMPS Model 3910, Optical Particle Sizer Model 3330, and SMPS Spectrometers Models 3938 and 3936. To learn more about features and benefits of this software, click here.

To download this software, please provide the following information:

TSI SOFTWARE LICENSE AGREEMENT
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, DO NOT DOWNLOAD THIS APPLICATION.

TSI SOFTWARE TERMS 
1. GRANT OF LICENSE. TSI grants you the right to use one copy of the enclosed TSI software program (the “SOFTWARE”) with any TSI Model 3910 NanoScan SMPS, Model 3330 Optical Particle Sizer (OPS), and Model 3936 SMPS. TSI allows one copy of SOFTWARE to be licensed for any computer(s) supporting the aforementioned devices in any one laboratory. That is, the SOFTWARE may be installed on more than one computer or on a network. . TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO BUT NOT LIMITED TO ITS QUALITY, RELIABILITY, COMPATIBILITY, SECURITY, PERFORMANCE, PURPOSE, OR ACCURACY.

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 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.

I have read and agree to the End User’s License Agreement.

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