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LICENSE AGREEMENT FOR QUANTRAC
CORPORATION SOFTWARE
IMPORTANT
- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE
PACKAGE CONTAINING THE PROGRAM CD, THE COMPUTER SOFTWARE THEREIN, AND THE ACCOMPANYING USER
DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY OPENING THE
PACKAGE CONTAINING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN
THE PACKAGE IN UNOPENED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR MONEY. THIS LICENSE AGREEMENT
REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND QUANTRAC CORPORATION
(REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING
BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program CD and the
computer programs contained therein in machine-readable, object code form only (collectively referred to as the "Software"), and the
accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only on a single
computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer
selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without
separate authorization and the payment of other license fees. You agree that you will not sublicense, pledge, lease, rent, or share your
rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.
Upon loading the Software into your computer, you may retain the
setup files for backup purposes. You may make copies of
the User's Guide for your company’s copies. Any such copies of the Software or the User's Guide shall include Licensor's copyright and
other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by
you or any person under your authority or control.
2. Licensor's Rights. You acknowledge and agree that the Software and the User's Guide are proprietary products of Licensor
protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including
associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in
or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3. License Fees. The license fees paid by you are paid in consideration of the licenses granted under this License
Agreement.
4. Term. This License Agreement is effective upon your opening of this package and shall continue until terminated. You
may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts therefrom to Licensor.
Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you
agree to return to Licensor the Program and all copies and portions thereof.
5. Return Policy. If, for any reason
within 30 days of licensing, you find this software unacceptable, you may return it to the Licensor for a full refund.
The refund will be granted only if the software, are returned intact and undamaged. The
software must all be returned to Licensor in its original packaging, and must be received
by the Licensor within 30 days of purchase
.
6. Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this
License Agreement (referred to as the "Warranty Period") that the Program CD in which the Software is contained are free from defects in
material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the Program shall operate
substantially in accordance with the functional specifications in the User's Guide. If during the Warranty Period, a defect in the Program
appears, you may return the Program and all associated security devices and literature to Licensor for either replacement or, if so elected
by Licensor, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and
exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH
ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any
claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of
the Program. In no event shall the Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost
profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
8. Trademark. “HVAC Office
” is a registered trademark of Licensor. No right, license, or interest in such trademark is granted
hereunder, and you agree that you shall assert no such right, license, or interest with respect to such trademark.
9. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of
Texas.
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