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Technical Guides

FIELDBUS FOUNDATION LICENSE AGREEMENT

IMPORTANT- READ CAREFULLY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW AND DOWNLOADING THE FIELDBUS FOUNDATION TECHNICAL OVERVIEW, SYSTEM ENGINEERING GUIDELINES, FUNCTION BLOCK CAPABLILITES IN HYBRID/BATCH APPLICATIONS, WIRING & INSTALLATION 31.25 KBITS/S, VOLTAGE MODE, WIRE MEDIUM or the 31.25 KBIT/S INTRINSIC SAFE SYSTEMS DOCUMENTS AVAILABLE FROM THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON THE "CANCEL" BUTTON BELOW.

This Agreement constitutes a legal agreement between you, a legal entity (the "Licensee"), and the Fieldbus Foundation ("Foundation"). Its terms and conditions govern use by Licensee and its Affiliates of the Document (as made available to Licensee from the Foundationís website), any updates or other information related to the Document that are made available to Licensee or its Affiliates (collectively, the "Materials). As used herein, "Affiliates" means any entity that controls, is controlled by or is under the common control of Licensee, where control means (i) ownership, directly or indirectly, of fifty percent (50%) or more of the voting equity of such an entity, or (ii) having the power to direct the policies and management of such entity by the ownership of stock or by agreement.

  1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, the Foundation hereby grants to Licensee and its Listed Affiliates a non-exclusive, non-transferable, terminable and limited license to use the Materials only for internal purposes.
  2. RESTRICTIONS ON USE; OWNERSHIP. Licensee and its Listed Affiliates may not copy the Materials, nor may they loan, lease, sell, distribute or otherwise transfer the Materials to any third party. Licensee acknowledges and agrees that the Foundation and its licensors retain ownership of, and all rights (including, all patent, copyright and other intellectual property rights) in and to, the Materials, and that Licensee and its Listed Affiliates shall have no rights in and to the Materials except those expressly granted under this Agreement. This Agreement does not grant Licensee or its Listed Affiliates any rights in connection with any trademark or service mark of the Foundation, and Licensee and its Listed Affiliates shall have no right to use the Foundationís corporate name or refer to any trademark or service mark of the Foundation directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of the Foundation for each such use, which approval may be withheld in the Foundationís sole discretion.
  3. TERMINATION. The Foundation may terminate this Agreement at any time with or without cause with notice to Licensee. This Agreement shall automatically terminate, without notice from the Foundation, if and when Licensee or any Listed Affiliate fails to comply with any terms and conditions hereof. Licensee may terminate this Agreement at any time by its and its Listed Affiliates discontinuing all use of the Materials. Upon any termination of this Agreement, Licensee and its Listed Affiliates must destroy all copies of the Materials, in whole or in part, in all forms and formats. The provisions of Articles 2 through 7 shall survive the expiration or any termination of this License Agreement.
  4. DISCLAIMER OF WARRANTY. THE MATERIALS ARE PROVIDED AND LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMTIATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.
  5. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE FOUNDATION OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (SUCH AS LOST PROFITS, LOSS OF USE, REVENUE, BUSINESS INTERRUPTION OR LOSS OF DATA), IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE MATERIALS, WHETHER ANY CLAIM THEREFORE IS BASED UPON CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER THEORIES. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND THE FOUNDATION WOULD NOT LICENSE THE MATERIALS TO LICENSEE AND ITS LISTED AFFILIATES WITHOUT SUCH LIMITATION.
  6. INDEMNIFICATION. Licensee shall indemnify and holds harmless the Foundation from any claim, loss, liability, fees or other expenses (including attorneysí fees) arising out of or resulting from use or misuse of the Materials by Licensee or its Listed Affiliates, except to the extent any such claim, loss or liability arises out of or results from any gross negligence or intentional misconduct on the part of the Foundation.
  7. GENERAL PROVISIONS. This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject hereof and supersedes and replaces any and all prior agreements, understandings, promises and representations, oral or written, made by either party to the other concerning the subject matter hereof. This Agreement may only be amended or modified in a writing duly executed by representatives of both parties. This Agreement may not be assigned or transferred by Licensee party except with the prior written consent of the Foundation. This Agreement shall be construed and interpreted under the laws of the State of Texas, excluding its choice of law rules. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be interpreted so as to best accomplish the objectives of such provision and the remainder of this Agreement shall remain valid. No delay of failure of the Foundation to exercise any right under this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the Foundationís right to exercise such right or to demand strict compliance by Licensee and its Listed Affiliates with any terms hereof. Waiver by the Foundation of any particular default of Licensee or its Listed Affiliates shall not affect or impair the Foundationís rights with respect to any subsequent default of the same, similar or a different nature.

If you have any questions or comments about the Materials, contact the Foundation at 512.794.8890.

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