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Compass 2.0 Installation Guide | Manualzz

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Compass

800-05340 03/10 Rev. A
– ii –
HONEYWELL SOFTWARE
: Compass 2.0
END-USER LICENSE AGREEMENT FOR HONEYWELL SOFTWARE

IMPORTANT – READ CAREFULLY: This Honeywell End-User License Agreement (this "Agreement") is a legal agreement between you (either
an individual or a single entity) and Honeywell International Inc. (including its subsidiaries) for the Honeywell software product identified above,
which includes computer software and may include associated media, printed materials, and "online" or electronic documentation, and any
future versions, releases, updates, patches, error fixes and bug fixes of the above identified Honeywell software product that is provided by
Honeywell to you ("HONEYWELL SOFTWARE").

By installing, copying, or otherwise using the HONEYWELL SOFTWARE, you agree to be bound by the terms and conditions in this
Agreement. If you do not agree to the terms and conditions in this Agreement, do not install or use the HONEYWELL SOFTWARE;
you may, however, return it to your place of purchase for a full refund.

Unregistered use of the HONEYWELL SOFTWARE is not authorized or permitted by Honeywell, and is in violation of U.S. and
international copyright laws. Unauthorized reproduction, distribution or use is subject to civil and criminal penalties.

1. LICENSE

The HONEYWELL SOFTWARE includes software owned by Honeywell and software licensed to Honeywell, and is protected by United States’
and international copyright laws and treaties, as well as other intellectual property laws and treaties. The HONEYWELL SOFTWARE is licensed
to you, not sold.

Subject to the terms below, Honeywell grants you, under this Agreement, a limited, non-exclusive, non-transferable license (without the right to
sublicense) to use one copy of the HONEYWELL SOFTWARE, on one computer or workstation, for your internal personal or commercial
purposes, and not for re-sale or re-distribution.

You are specifically prohibited from making any additional copies of the HONEYWELL SOFTWARE, for charging for any copies, however made,
and from distributing such copies with other products of any kind, commercial or otherwise, without prior written signed permission from
Honeywell.

All rights of any kind in HONEYWELL SOFTWARE and all other rights of Honeywell, which are not expressly granted in this Agreement, are
entirely and exclusively reserved to and by Honeywell. You may not rent, lease, copy, modify or translate HONEYWELL SOFTWARE, or create
derivative works based on HONEYWELL SOFTWARE. You may not alter or remove any of Honeywell’s or its licensor’s copyright or proprietary
rights notices or legends appearing on or in the HONEYWELL SOFTWARE. You may not reverse engineer, decompile or disassemble
HONEYWELL SOFTWARE. You may not make access to HONEYWELL SOFTWARE available to any third party outside of your organization,
nor are you authorized to make the output generated by HONEYWELL SOFTWARE available to others in connection with a service bureau,
application service provider, or similar business. The HONEYWELL SOFTWARE is licensed as a single product. Its component parts may not
be separated for use on more than one computer.

The HONEYWELL SOFTWARE may contain or be derived from materials of third party licensors. Such third party materials maybe subject to
restrictions in addition to those listed in this Agreement, which restrictions, if any, are included in the documents accompanying such third party
software. You agree that any third party supplier shall have the right to enforce this Agreement with respect to such third party’s software.

Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations you may have, or conditions to which you may be
subject, under any applicable open source licenses to any open source code contained in the HONEYWELL SOFTWARE.

2. KEYS AND ACCESS

Honeywell shall provide you with any Software keys necessary to permit you to gain access to the HONEYWELL SOFTWARE contained on the
media shipped or copy provided to you. You shall not disclose the Software keys to any other person or entity. You shall not circumvent, or
attempt to circumvent, any license management, security devices, access logs, or other measures provided in connection with the
HONEYWELL SOFTWARE, or permit or assist any other person or entity to do the same. You shall not attempt to modify, tamper with, reverse
engineer, reverse compile or disassemble the keys. Upon your use of a new key for the HONEYWELL SOFTWARE, you represent and warrant
that you will not use the superseded key to access the HONEYWELL SOFTWARE.

3. SUPPORT SERVICES

You may separately contract with Honeywell to receive support services related to the HONEYWELL SOFTWARE (“Support Services”), subject
to and governed by the terms of a separate Support Services Agreement. Any supplemental software code provided to you as part of the
Support Services shall be considered part of the HONEYWELL SOFTWARE and subject to the terms and conditions of this Agreement. With
respect to technical information you provide to Honeywell as part of the Support Services, Honeywell may use such information for its business
purposes, including for product support and development. Honeywell will not utilize such technical information in a form that personally identifies
you.

In any event, you shall promptly report to Honeywell any errors or bugs with respect to your evaluation and use of the HONEYWELL
SOFTWARE. In any such report, you agree to designate no more than two contacts who shall be responsible for communicating with
Honeywell.

4. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

HONEYWELL SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED
AND PROVIDED AS IS AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of
HONEYWELL SOFTWARE remains with you.

THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF
HONEYWELL SOFTWARE OR OTHERWISE ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS
AGREEMENT (REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE) WILL BE THE AMOUNT THAT
– iii –
YOU PAID FOR THE HONEYWELL SOFTWARE. IN ADDITION, IN NO EVENT SHALL HONEYWELL, OR ITS PRINCIPALS,
SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF
HONEYWELL SOFTWARE, OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

5. TERMINATION

The license granted in this Agreement becomes effective on the date you legally acquire the HONEYWELL SOFTWARE and will automatically
terminate if you breach any of its terms or conditions, without prejudice to any other rights or remedies available to Honeywell. If the
HONEYWELL SOFTWARE is provided to you on a subscription basis, then your right to posses or use the HONEYWELL SOFTWARE will
terminate at the end of the applicable subscription period. Immediately upon termination or expiration of the license granted in this Agreement,
you must destroy all copies of the HONEYWELL SOFTWARE and all of its component parts from your systems, and either return to Honeywell
or destroy the original and any stand-alone copies of the HONEYWELL SOFTWARE and all of its component parts.

6. MISCELLANEOUS

You may not assign or transfer the license granted hereunder or the HONEYWELL SOFTWARE without Honeywell’s prior written consent. Any
assignment or transfer in contravention to the foregoing shall be null and void.

This Agreement is governed by the laws of the State of New York. Each of the parties hereto irrevocably consents to the jurisdiction of the
Federal and state courts in New York, New York, to the exclusion of all other courts. If this product was acquired outside the United States, then
local law may apply.

Honeywell has the right to audit your compliance with the terms and conditions of this Agreement, including without limitation, ensuring that you
are not using more than one copy of the HONEYWELL SOFTWARE, or bypassing the software keys to engage in unauthorized, unlicensed use
of the HONEYWELL SOFTWARE, and to immediately terminate your license in this Agreement if an audit shows that you are in breach with any
of the terms and conditions of this Agreement, as well as to enforce all other rights and remedies available under this Agreement or otherwise
under law or at equity.

The failure of Honeywell to enforce at any time any of the provisions of this Agreement shall not be construed to be a continuing waiver of any
provisions hereunder nor shall any such failure prejudice the right of Honeywell to take any action in the future to enforce any provisions
hereunder.

It is understood and agreed that, notwithstanding any other provisions of this Agreement, breach of any provision of this Agreement by you may
cause Honeywell irreparable damage for which recovery of money damages would be inadequate, and that Honeywell shall therefore be entitled
to obtain timely injunctive relief to protect Honeywell’s rights under this Agreement in addition to any and all remedies available at law.

Nothing contained herein shall be construed as creating any agency, employment, relationship, partnership, principal-agent or other form of joint
enterprise between the parties.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or
describe the scope or extent of such section or in any way affect this Agreement.

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. But,
if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction,
such invalidity, illegality or unenforceability shall not affect any other provision in that jurisdiction, but this Agreement shall be reformed,
construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. Further, such
invalidity, illegality or unenforceability shall not affect any of the provisions in this Agreement in any other jurisdiction.

This Agreement constitutes the entire agreement between you and Honeywell and supersedes in their entirety any and all oral or written
agreements previously existing between you and Honeywell with respect to the subject matter hereof. This Agreement may only be amended or
supplemented by a writing that refers explicitly to this Agreement and that is signed by duly authorized representatives of you and Honeywell.
The preprinted terms and conditions of any Purchase Order issued by you in connection with this Agreement shall not be binding to Honeywell
and shall not be deemed to modify this Agreement.

Software and technical information delivered under this Agreement is subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree to strictly comply with all such laws and regulations, and you shall be solely responsible for obtaining
any import, export, re-export approvals and licenses required for such software any technical information, and retaining documentation to
support compliance with those laws and regulations.
– iv –
TRADEMARKS

Honeywell is a registered trademark of Honeywell International Inc.

Windows, Windows 95, Windows 98, Windows ME, Windows NT, Windows 2000, Windows Server, Windows

XP, Windows Vista, Access, and SQL Server are trademarks, or registered trademarks of Microsoft

Corporation in the United States and other countries.

All other trademarks are the properties of their respective owners.
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