FMS SOFTWARE VERSION 5 USER MANUAL P/N 6002773, REVISION Q OCTOBER 2020 Manual History The following is a manual history of the FMS Software User Manual (P/N 6002773). Revision Date A July 2009 B December 2009 C May 2010 D August 2010 E November 2010 F February 2011 G June 2012 H October 2012 J April 2014 K January 2015 L July 2015 M August 2016 N September 2017 P January 2019 Q October 2020 ii Warranty / Software License Part Number 6002773 / Revision Q / October 2020 Copyright ©TSI Incorporated / 2009-2020 / All rights reserved. Address TSI Incorporated / 500 Cardigan Road / Shoreview, MN 55126 / USA E-mail Address [email protected] Limitation of Warranty (For country-specific terms and conditions outside of the USA, please visit www.tsi.com.) and Liability Seller warrants the goods, excluding software, sold hereunder, under normal use and service as (effective April 2014) described in the operator's manual, to be free from defects in workmanship and material for 12 months, or if less, the length of time specified in the operator's manual, from the date of shipment to the customer. This warranty period is inclusive of any statutory warranty. This limited warranty is subject to the following exclusions and exceptions: a. Hot-wire or hot-film sensors used with research anemometers, and certain other components when indicated in specifications, are warranted for 90 days from the date of shipment; b. Pumps are warranted for hours of operation as set forth in product or operator’s manuals; c. Parts repaired or replaced as a result of repair services are warranted to be free from defects in workmanship and material, under normal use, for 90 days from the date of shipment; d. Seller does not provide any warranty on finished goods manufactured by others or on any fuses, batteries or other consumable materials. Only the original manufacturer's warranty applies; e. This warranty does not cover calibration requirements, and seller warrants only that the instrument or product is properly calibrated at the time of its manufacture. Instruments returned for calibration are not covered by this warranty; f. This warranty is VOID if the instrument is opened by anyone other than a factory authorized service center with the one exception where requirements set forth in the manual allow an operator to replace consumables or perform recommended cleaning; g. This warranty is VOID if the product has been misused, neglected, subjected to accidental or intentional damage, or is not properly installed, maintained, or cleaned according to the requirements of the manual. Unless specifically authorized in a separate writing by Seller, Seller makes no warranty with respect to, and shall have no liability in connection with, goods which are incorporated into other products or equipment, or which are modified by any person other than Seller. The foregoing is IN LIEU OF all other warranties and is subject to the LIMITATIONS stated herein. NO OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY IS MADE. WITH RESPECT TO SELLER’S BREACH OF THE IMPLIED WARRANTY AGAINST INFRINGEMENT, SAID WARRANTY IS LIMITED TO CLAIMS OF DIRECT INFRINGEMENT AND EXCLUDES CLAIMS OF CONTRIBUTORY OR INDUCED INFRINGEMENTS. BUYER’S EXCLUSIVE REMEDY SHALL BE THE RETURN OF THE PURCHASE PRICE DISCOUNTED FOR REASONABLE WEAR AND TEAR OR AT SELLER’S OPTION REPLACEMENT OF THE GOODS WITH NON-INFRINGING GOODS. TO THE EXTENT PERMITTED BY LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE LIMIT OF SELLER'S LIABILITY FOR ANY AND ALL LOSSES, INJURIES, OR DAMAGES CONCERNING THE GOODS (INCLUDING CLAIMS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE THE RETURN OF GOODS TO SELLER AND THE REFUND OF THE PURCHASE PRICE, OR, AT THE OPTION OF SELLER, THE REPAIR OR REPLACEMENT OF THE GOODS. IN THE CASE OF SOFTWARE, SELLER WILL REPAIR OR REPLACE DEFECTIVE SOFTWARE OR IF UNABLE TO DO SO, WILL REFUND THE PURCHASE PRICE OF THE SOFTWARE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. SELLER SHALL NOT BE RESPONSIBLE FOR INSTALLATION, DISMANTLING OR REINSTALLATION COSTS OR CHARGES. No Action, regardless of form, may be brought against Seller more than 12 months iii after a cause of action has accrued. The goods returned under warranty to Seller's factory shall be at Buyer's risk of loss, and will be returned, if at all, at Seller's risk of loss. Buyer and all users are deemed to have accepted this LIMITATION OF WARRANTY AND LIABILITY, which contains the complete and exclusive limited warranty of Seller. This LIMITATION OF WARRANTY AND LIABILITY may not be amended, modified or its terms waived, except by writing signed by an Officer of Seller. Service Policy Knowing that inoperative or defective instruments are as detrimental to TSI as they are to our customers, our service policy is designed to give prompt attention to any problems. If any mal- function is discovered, please contact your nearest sales office or representative, or call TSI’s Customer Service department at 1-800-680-1220 (USA) or +001 (651) 490-2860 (International). Software License READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" or "YES" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "CANCEL" or "NO" BUTTON AT THE END OF THIS AGREEMENT. THE LICENSE TSI Inc., of 500 Cardigan Road, Shoreview, MN 55126 (the “Licensor” which expression shall include its subsidiaries, agents, successors and assigns) is authorized to license the software (the “Software”) and the Licensee accepts a non-exclusive, non-transferable License to “Use” (as hereinafter defined) the Software on a single computer system (the “System”) for single use or by the maximum number of concurrent users specified below upon the terms and subject to the conditions contained herein. Where the Software is issued in multi-media, multi-disk format (being either different disk size or different system compatibility) only that format which is compatible with the System may be used. The other format may not be used and should be destroyed. This License entitles the Licensee to: (a) load, install and Use the Software contained in this package on either (as appropriate to the Licensee’s system) one Central Processing Unit (“CPU”) of the System (a separate license fee being required for each CPU upon which the Licensee wishes to use the Software), or, if the Licensee’s System is multi-user, by a maximum of concurrent users specified in the license key; (b) Use the Software in accordance with the provisions of Clause 2 of this License; and to: (a) receive the Licensor’s bulletin reports of errors and “patches” and receive such new updates of the Software incorporating the same; (b) receive information on upgraded versions of the Software at such cost (if any) as may be notified to the Licensee. 1. Acceptance of this License The terms and conditions of this License are deemed to be accepted by the parties by the Licensor upon dispatch/delivery by the Licensor of specified software to the Licensee direct or to the Licensor’s agent as the case may be; 2. Use of the Software (a) For the purposes of this License “Use” shall mean and include: (i) utilization of the Software by copying, transmitting, or loading the same into the temporary memory (RAM) or installing into the permanent memory (e.g. hard disk, CD ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Software; (ii) copying the Software which is in machine-readable form for Use by the Licensee on the System for the purposes only of understanding the contents of such machine-readable material and for back-up provided that no more than two (2) copies will be in existence under any License at any one time without prior written consent from the Licensor or as otherwise permitted by the applicable law; (iii) merging the whole or any part of the Software in machine-readable form into another software program; iv FMS Software User’s Manual (iv) storing the whole or any part of the Software on the System or other storage unit or disk; (v) utilizing (but not copying) the instructional and/or operational manuals relating to the Software. (b) For the purposes of this License “concurrent use” shall mean simultaneous use of the Software by the number of users of the License specified above PROVIDED however that Software installed on a file server for the sole purpose of distribution to other workstations or computers is not being Used for the purposes of ascertaining the number of concurrent users. Additional concurrent users may only be added by signing a separate license agreement with the Licensor. 3. License Fee (a) Where the License Fee is not paid by the Licensee at the time the Software is obtained from the Licensor or its agent the license fee will be payable within the number of days specified in the Licensor’s invoice unless otherwise agreed in writing by the Licensor. (b) An additional License Fee is payable for each CPU of the System upon which the Licensee wishes to Use the Software or in respect of additional concurrent users in excess of the maximum number specified above.