PMI Vision Manuale utente

Vision™ Power Quality Recorder

User’s Manual

Power Monitors, Inc.

Vision™ User’s Manual

Vision™ Power Quality

Recorder User’s Manual

•ii

In no event shall the copyright owner or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages (including but

not limited to, procurement of substitute goods or services). In no event shall the

use, data, or profits however caused. In no event shall the copyright owner or

contributors be liable for any business interruption or loss of use, data, or profits

on any theory of liability, whether in contract, strict liability, or tort (including

negligence or otherwise) arising in any way out of the use of this software, even if

advised of the possibility of such damage.

Contents are subject to change without notice. Screenshots used for illustrative

purposes are the property of Power Monitors, Inc.

Help us improve our manual. Your comments and suggestions are important to

us. Please contact us at the email [email protected]

Last updated: 6 July 2010

•iii

POWER MONITORS, INC.

END-USER LICENSE AGREEMENT

ONLY AUTHORIZED LICENSEES OF POWER MONITORS, INC. (“PMI”)

WHO HAVE AGREED TO THE TERMS OF THIS END-USER LICENSE

AGREEMENT AND PAID ALL NECESSARY FEES MAY USE THE

DEVICE AND THE SOFTWARE. THE SOFTWARE AND ASSOCIATED

SOFTWARE DOCUMENTATION ARE PROPRIETARY AND

COPYRIGHTED WORKS OWNED BY PMI OR ITS LICENSORS AND

CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION OF PMI

AND/OR THIRD PARTY LICENSORS. ANY USE OF OR ACCESS TO THE

SOFTWARE BY AN UNAUTHORIZED USER AND/OR ANY USE BY AN

AUTHORIZED LICENSEE THAT VIOLATES, BREACHES, OR FAILS TO

COMPLY WITH THE TERMS AND CONDITIONS OF THIS

AGREEMENTMAY CONSTITUTE BREACH OF CONTRACT AND/OR

INTERNATIONAL LAWS.

IMPORTANT - YOU MUST READ AND AGREE TO ALL OF THE

TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU

CAN USE THE DEVICE AND/OR LOAD, INSTALL, COPY, ACCESS

OR USE THIS SOFTWARE. IF YOU DO NOT AGREE TO ALL OF

THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST

NOT USE THE DEVICE OR LOAD, INSTALL, COPY, ACCESS OR USE

THE SOFTWARE AND/OR MUST IMMEDIATELY RETURN THE

DEVICE FOR A FULL REFUND OF ALL FEES PAID.

BY USING THE DEVICE AND/OR BY LOADING, INSTALLING,

COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE,

YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS

AGREEMENT.

BY USING THE DEVICE AND/OR BY LOADING, INSTALLING,

COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU

UNDERSTAND THAT YOU HAVE ENTERED INTO A BINDING LEGAL

CONTRACT WITH POWER MONITORS, INC. OF 800 NORTH MAIN

STREET, MT. CRAWFORD, VIRGINIA 22841. YOU FURTHER

UNDERSTAND THAT THE TERMS AND CONDITIONS OF THIS

AGREEMENT DEFINE YOUR LIMITED RIGHTS TO USE THE DEVICE

AND THE SOFTWARE AND IMPOSE UPON YOU IMPORTANT

OBLIGATIONS AND RESPONSIBILITIES. YOU AGREE TO COMPLY

WITH, AND BE BOUND BY, THE TERMS AND CONDITIONS OF THIS

AGREEMENT.

•iv

TERMS AND CONDITIONS

Power Monitors, Inc., a Virginia corporation (“PMI”), agrees to license to you,

the company, organization or legal entity that will be using the Device (referred

to herein as “You” or “Your,”) subject to and only upon Your acceptance of all

of the terms and conditions of this End-user License Agreement (this

“Agreement”), which acceptance shall be conclusively indicated by Your use of

the Device and/or Your loading, installing, copying, accessing or use of the

Software.

1. Definitions. In addition to capitalized terms defined

parenthetically within specific sections of this Agreement as used throughout

this Agreement, the following capitalized terms shall have the following

meanings:

a. Effective Date means the date upon which You first accept the

terms of this Agreement by using the Device or by loading, installing, copying,

accessing or using the Software.

b. Device means the proprietary instrument developed by PMI

having the functionality and performance features described in the

Documentation.

c. Software means the proprietary browser software applications

and technologies known as Opera SDK 9.5 that is embedded within the Device

and enables certain functionality relating to the front-panel display of the

Device. The Software is owned by OSA Opera Software ASA (“Opera”) and

contain open-source software and/or software and components owned by third

parties. As used in this Agreement, the term “Software” includes all

modifications, enhancements, upgrades and new versions of the Software

hereafter released or made available to You by PMI.

d. Documentation means any instructions, product data and user

documentation relating to the Device and/or the Software which is provided by

PMI to You, including information that is included within the packaging

materials for the Device.

e. Intellectual Property means (i) all inventions or discoveries

(whether patentable or unpatentable and whether or not reduced to practice), all

improvements thereto, and all patents, patent applications, and patent

disclosures, together with all reissuances, continuations, continuations-in-part,

divisions, revisions, extensions, and reexaminations thereof; (ii) all trademarks,

service marks, trade dress, logos, trade names, and corporate names, together

with all translations, adaptations, derivations, and combinations thereof and

including all goodwill associated therewith, and all applications, registrations,

and renewals in connection therewith; (iii) all works, including without

limitation software code, that may be the subject of copyright protection, all

•v

copyrights, and all applications, registrations, and renewals in connection

therewith; (iv) all trade secrets and confidential business information (including

ideas, research and development, know-how, formulae, methodologies,

compositions, manufacturing and production processes and techniques, technical

data, designs, drawings, specifications, mailing lists, customer and supplier lists,

pricing and cost information, and business and marketing plans and proposals);

(v) all computer software (including data and related documentation); (vi) all

know-how; (vii) other proprietary rights; (viii) all statutory protection obtained

or obtainable on any of the foregoing; (ix) all claims or causes of action arising

out of or relating to infringement or misappropriation of any of the foregoing;

and (x) all copies and tangible embodiments of any of the foregoing (in

whatever form or medium).

f. Purchase Order means, collectively, the purchase order(s),

bill(s) of sale, and other document(s), instrument(s) or agreement(s) pursuant to

which PMI sells the Device to You, or which otherwise govern or apply to your

purchase of the Device from PMI.

2. License

a. Grant. Subject to the terms of this Agreement, PMI grants

You a limited, non-exclusive, non-transferable, non-assignable, non-

sublicensable license to access and use the Software solely for Your internal

business purposes. The foregoing license permits Your employees and

authorized agents to use the Device in the course of their employment or

services for You, provided that all such use complies with the terms of this

Agreement. You shall be solely responsible and liable for any acts or omissions

of Your employees and agents that violate the terms of this Agreement.

b. Restrictions. You agrees that You (and all of your employees

and agents) (i) will use the Device and the Software only in strict accordance

with the terms and conditions of this Agreement and all Documentation; (ii)

shall not duplicate, copy or reproduce any part of the Software or the

Documentation, except as may be expressly authorized in this Agreement; (iii)

shall not distribute, rent, lease, sell, sublicense or publicly display any portion of

the Software or the Documentation; (iv)shall not modify, adapt, recast or create

derivative works of the Software; (v) shall not reverse engineer, disassemble,

decompile, or otherwise attempt to derive the source code of the Software; (vi)

shall not reverse engineer or disassemble the Device, or otherwise attempt to

access the Software; (vii) shall not use the Software for commercial time-

sharing, rental, or service bureau use, or train or allow third parties to use the

Software; and (viii) shall not attempt to access or use the Software by any means

other than through the Device and the access mechanisms of the Device

provided by PMI upon delivery of the Device to You. The failure by You to

comply with any of the foregoing provisions of this Section 2(b) shall constitute

a material breach of this Agreement.

•vi

c. Transfer. You acknowledges and agrees that You shall not

sell, transfer, assign or entrust to any third party the Software or any Intellectual

Property or incorporated or embodied within the Device, except with the prior

written consent of PMI, which consent PMI may withhold in its absolute

discretion.

d. Rights Reserved. All licenses, rights, and interest, including

all right, title and interest in and to the Software and the Documentation, not

specifically granted to You hereunder will be, and are specifically and entirely

reserved to, PMI and its licensors and other third parties owning rights in the

Software (collectively, “Licensors”) and may be fully exploited by PMI and

Licensors without regard to the extent to such rights may be competitive with

this Agreement or the rights granted hereunder.

3. Fees. You shall, prior to Your use of the Device and/or the

Software, pay PMI the prices, fees, costs, and/or expenses for the Device set

forth in the applicable Purchase Order (collectively, the “Fees”) in accordance

with the terms of such Purchase Order. Your payment of all such Fees in

accordance with the terms of the Purchase Order is a condition to Your right to

use the Device.

4. Ownership. You acknowledge and agree that the

Software and the Documentation, including all Intellectual Property and other

proprietary rights associated therewith, or embodied or incorporated within the

Device are owned or licensed by PMI and/or Licensors (including Opera), and

that You have no rights therein or in any other Intellectual Property or

Confidential Information of PMI or its licensors except for the limited rights

expressly licensed to You in this Agreement. You shall not remove, alter, cover

or obfuscate any copyright or other proprietary rights notice placed in or on the

Device, the Software or the Documentation, including without limitation, any

notice in machine language or human readable form. The Device, the Software

and the Documentation may include trademarks of PMI and third parties,

including Licensors. You agrees that You shall respect the trademark rights of

PMI and all third parties and shall not use or alter any trademarks contained

within the Device, the Software and the Documentation without the prior

content of the owners thereof.

5. Support and Training. The Documentation may include

general information relating to the use of the Device. Except for such general

information, PMI shall have no obligation to provide You with any instructions,

support, guidance, training or maintenance relating to the Device and the

Software or Your use thereof. PMI shall have no obligation to provide You with

enhancements, upgrades, and/or new versions of the Software as the same are

released by PMI or any Licensor (including Opera) from time to time.

•vii

6. Confidentiality. You shall maintain (and You shall cause all

of Your employees and agents to maintain) in strictest confidence and shall not,

without the permission of PMI, disclose to any third parties, nor use for any

purpose other than in connection with the permitted exercise of Your rights

under this Agreement, any non-public information, including without limitation

technical or commercial information received from PMI or Licensors

(“Confidential Information”’). Confidential Information includes without

limitation, all information relating to the Software, the Documentation, and all

Intellectual Property associated therewith, or incorporated or embodied therein,

together with any information designated as Confidential Information by PMI,

and any information relating to the Software that by its very nature, or under the

circumstances of disclosure, is known by You to be, or should be reasonably

understood to be, confidential that You learn or discover at any time and in any

form. For purposes of this Agreement, any technical, commercial or other

information of a confidential nature delivered by PMI to You shall always be

treated as Confidential Information, whether or not marked with a confidential

designator. You shall not duplicate, modify, reverse engineer, disassemble or

de-compile the Software or any Intellectual Property of PMI or any Licensor

(including Opera). You shall only disclose Confidential Information to Your

authorized employees and agents and shall take appropriate steps by instruction,

agreement or otherwise to prevent unauthorized disclosure of Confidential

Information by your officers, employees, agents or consultants.

7. Representations and Warranties.

a. Disclaimer of Warranties. YOUR ACCESS AND USE OF

THE DEVICE AND THE SOFTWARE IS AT YOUR SOLE RISK.

NEITHER PMI NOR ANY LICENSOR (INCLUDING OPERA)

MAKES ANY WARRANTIES TO YOU OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, WITH RESPECT TO THE DEVICE, THE

SOFTWARE AND THE DOCUMENTATION. ALL WARRANTIES

RELATING TO THE DEVICE, THE SOFTWARE AND THE

DOCUMENTATION, INCLUDING BUT NOT LIMITED TO ANY

WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT TO

THE EXTENT LIMITED BY APPLICABLE LAW, THE DEVICE AND THE

SOFTWARE ARE PROVIDED AND LICENSED TO YOU “AS IS” AND

“WITH ALL FAULTS” AND THE ENTIRE RISK AS TO SATISFACTORY

QUALITY, PERFORMANCE, ACCURACY, AND NON-INFRINGEMENT

IS WITH YOU. THERE IS NO WARRANTY AGAINST INTERFERENCE

WITH YOUR ENJOYMENT OF THE DEVICE AND THE SOFTWAREOR

AGAINST INFRINGEMENT. PMI AND ALL LICENSORS (INCLUDING

OPERA) EXPRESSLY DISCLAIM ANY REPRESENTATION OR

WARRANTY THAT THE DEVICE AND/OR THE SOFTWARE WILL

OPERATE AT ALL TIMES UNINTERRUPTED OR ERROR-FREE, OR

•viii

THAT THE DEVICE AND/OR THE SOFTWARE WILL MEET ANY OR

ALL OF YOUR BUSINESS NEEDS OR REQUIREMENTS.

b. Representations and Warranties of You. You represents and

warrants that (i) You are a company, entity and/or legal organization that is

incorporated, organized or otherwise formed and existing in the United States;

and (ii) You will only use the Device, the Software and the Documentation in

accordance with the terms of this Agreement, and will not commit, directly or

through others, any act in contravention of this Agreement, including without

limitation, any of the acts described in Section 2(b) above.

c. No Consequential Damages. IN NO EVENT, SHALL PMIOR

ANY LICENSOR (INCLUDING OPERA), OR ANY OF THEIR RESPECTIVE

OFFICERS, DIRECTORS, MANGERS, MEMBERS, EMPLOYEES,

SUPPLIERS, CONTRACTORS, AFFILIATES, LICENSEES OR BUSINESS

PARTNERS (EACH, A “PMI PARTY”) BE LIABLE TO YOU OR ANY

OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT,

INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT

LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS

INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR

OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF

YOUR LICENSING, PURCHASE AND/OR USE OF THE DEVICE, THE

SOFTWARE AND/OR THE DOCUMENTATION, WHETHER BASED ON

BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED

WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY,

OR ANY OTHER LEGAL THEORY, EVEN IF PMI OR A PMI PARTY WAS

ADVISED ABOUT THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

d. Limitation of Liability. IN NO EVENT SHALL PMI OR ANY

PMI PARTY BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR

DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, OR

RELATING TO, DIRECTLY OR INDIRECTLY, (A) YOUR LICENSING,

ACCESS AND/OR USE OF THE SOFTWARE; (B) YOUR PURCHASING

AND/OR USE OF THE DEVICE; (C) YOUR USE OF THE

DOCUMENTATION; (D) THIS AGREEMENT; (E) ANY ACT OR

OMISSION OF ANY THIRD PARTY USING THE DEVICE OR THE

SOFTWARE; (F) THE TERMINATION OF YOUR LICENSE TO USE THE

SOFTWARE; AND (G) ANY OTHER MATTER, CIRCUMSTANCE, ACT,

OR OMISSION, RELATING TO THE DEVICE, THE SOFTWARE AND/OR

THE DOCUMENTATION. THE FORGOING EXCLUSION APPLIES

WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND

ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE

OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH

LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT

LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL

PURPOSE OR OTHERWISE AND EVEN IF PMI OR A PMI PARTY WAS

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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