SOFTWARE LICENSE STATEMENT
IMPORTANT-READ CAREFULLY: This is a legal agreement between you (either an individual or a legal entity) the end user ("LICENSEE") and Turbosystems Engineering Inc. ("TURBOSYSTEMS ENGINEERING INC."). The WATER/STEAMPLANT software program (the "SOFTWARE") is licensed by TURBOSYSTEMS ENGINEERING INC. for use only on the terms set forth herein. Please read this license agreement carefully. If you do not agree to the terms do not continue with the installation of the SOFTWARE and return the complete product with proof of purchase to TURBOSYSTEMS ENGINEERING INC. immediately, for a full refund. Continuing with the installation constitutes your agreement to the terms of this License.
You also agree that the License and limited warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, whether oral or written, and any other communications between the parties relating to the subject matter of the license or limited warranty.
WATER/STEAMPLANT SOFTWARE LICENSE
The SOFTWARE is protected by US copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
In order to preserve and protect its rights under applicable laws, TURBOSYSTEMS ENGINEERING INC., does not sell any rights in the enclosed software. Rather, TURBOSYSTEMS ENGINEERING INC. grants the right to use this software by means of a software license. TURBOSYSTEMS ENGINEERING INC. specifically retains title to all its computer software.
1. GRANT OF LICENSE: TURBOSYSTEMS ENGINEERING INC. grants to the LICENSEE the right to use the copy of the enclosed SOFTWARE on a single terminal connected to a single computer (i.e. single CPU). The LICENSEE may not install the SOFTWARE on a network server.
2. COPYRIGHT: All title, Trademark and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets", incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE remain the property of TURBOSYSTEMS ENGINEERING INC.. The SOFTWARE is protected by copyright laws and international treaty provisions. However, the LICENSEE may make such copies of the SOFTWARE and accompanying documentation, as are reasonably necessary for the LICENSEE'S operational security and use.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
* Limitations on Reverse Engineering, Decompilation, and Disassembly. The LICENSEE may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* The LICENSEE may not decompile or attempt to decompile any part of the SOFTWARE into a human readable form.
* The LICENSEE may not attempt to evade the security mechanism, and the LICENSEE acknowledges that any such attempted hacking may corrupt or damage the SOFTWARE.
* Distribution: Distribution by the user of any copies of the licensed software, executables with embedded licensed functions, function macros, source code, or license files distributed by Turbosystems Engineering Inc. as part of this product is prohibited. You shall not develop applications for use by unlicensed users that provide an application programmable interface to the SOFTWARE or the SOFTWARE as modified. Redistribution by your users of Turbosystems Engineering Inc.'s software or your modified or wrapped version of our software without the appropriate redistribution license from Turbosystems Engineering Inc. is prohibited.
* Rental: The LICENSEE may not rent or lease the SOFTWARE.
* Software Transfer: The LICENSEE may permanently transfer all rights under this License Agreement provided the LICENSEE retain no copies, transfers all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this License Agreement and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
* Termination: Without prejudice to any other rights, TURBOSYSTEMS ENGINEERING INC. may terminate this License Agreement if the LICENSEE fails to comply with the terms and conditions of this License Agreement or if the LICENSEE fails to pay the License Fee or any other sum due, within 21 days after written reminder that the amount is overdue.
On termination of this License Agreement the LICENSEE must cease any further use of the SOFTWARE and return all copies of the accompanying documentation to TURBOSYSTEMS ENGINEERING INC., and if requested prove that all copies of the SOFTWARE have been destroyed.
* Support Services: TURBOSYSTEMS ENGINEERING INC. warrants that for 30 days after delivery, the LICENSEE is entitled to software support, to assist with proper installation of the software. Any supplemental software code provided to the LICENSEE as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this License Agreement. With respect to technical information the LICENSEE provides to TURBOSYSTEMS ENGINEERING INC. as part of the Support Services, TURBOSYSTEMS ENGINEERING INC. may use such information for its business purposes, including for product support and development. TURBOSYSTEMS ENGINEERING INC. will not utilize such technical information in a form that personally identifies the LICENSEE.
* TURBOSYSTEMS ENGINEERING INC. may include the LICENSEE name and company as one of its customers in any promotional materials.
* Subject to the LICENSEE'S compliance with this License Agreement, TURBOSYSTEMS ENGINEERING INC. warrants that for 90 days after delivery, the media on which the SOFTWARE is recorded will be free from defects in materials, design and workmanship. However, TURBOSYSTEMS ENGINEERING INC. does not warrant that the Package will meet particular requirements or that the SOFTWARE will operate uninterrupted or error-free.
* Other than those set out in this License, all conditions, warranties, terms, representations and undertakings expressed or implied relating to fitness for purpose, merchantable quality, correspondence with samples and defects in materials, design and workmanship are excluded.
* While TURBOSYSTEMS ENGINEERING INC. does not seek to limit its liability for death or injury resulting directly from its acts or omissions, TURBOSYSTEMS ENGINEERING INC.'s entire and exclusive liability and remedy to the LICENSEE for any type of loss or damage, including, without limitation any consequential loss of profits and howsoever arising, shall be limited to damages equal to the License Fee paid, and if a number of events give rise to substantially the same loss, they shall be regarded as giving rise to one claim only. TURBOSYSTEMS ENGINEERING INC. shall have no liability for any such loss or damage unless the LICENSEE has given written notice to TURBOSYSTEMS ENGINEERING INC. within 60 days after the date the LICENSEE became (or ought reasonably to have become) aware of the circumstances giving rise to the claim.
* The LICENSEE will indemnify TURBOSYSTEMS ENGINEERING INC. against damages including legal costs that may be awarded or agreed to be paid to any third party in respect of any claim or action caused by or arising from the LICENSEE'S use of the SOFTWARE, other than in circumstances for which TURBOSYSTEMS ENGINEERING INC. is liable as set out in the preceding paragraphs.
5. GENERAL LAW AND GOVERNING PROVISIONS
This License Statement shall be construed, interpreted and governed by the laws of the State of California, USA. If any provision of this statement is found to be void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in full force and effect. This statement may only be modified in writing signed by the LICENSEE and an authorized TURBOSYSTEMS ENGINEERING INC. representative. All rights not specifically granted in this statement are reserved by TURBOSYSTEMS ENGINEERING INC..
Turbosystems Engineering Inc.