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Ventsim

CALCULATE

Ventsim CALCULATE - EULA

END USER LICENSE AGREEMENT

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA" or SOFTWARE LICENSE AGREEMENT). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.

This EULA is a binding legal agreement between you and Howden Ventsim (hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying software (“Ventsim CALCULATE” software), associated media, printed materials and any "online" or electronic documentation (hereinafter the "Software"). By using Ventsim CALCULATE as a Progressive Web Application (PWA), you signify your acceptance of these terms and conditions of the license. If you do not agree with the terms of this license, you must remove the Software from your device and cease to use the product. If you do not agree to the terms of this EULA, do not install or attempt to use the Software

1.  Disclaimer of Warranties

LICENSOR AND ITS SUPPLIERS, RESELLERS AND DISTRIBUTORS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

2.  Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS, RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

3.  Grant of License

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. The Licensor retains all rights not expressly granted to you in this EULA. This EULA grants you the following rights:

  1. Licenses are issued for the end user's email address. Licenses may not be on-sold or transferred to another email address.
  2. The Software may be accessed and used by multiple devices registered with the end user's email address, free of charge.
  3. The Software may not be used for purposes of de-compilation, reverse engineering, feature duplication, or other purposes intent on copying proprietary methods and systems used by the software.
  4. Software upgrades and version updates are available to all users registered with their email address.
  5. Software upgrades and version updates are only for current license maintenance holders. Companies may not install or use updates dated newer than their current maintenance date.
  6. Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor.
  7. You may not sell, transfer or convey the Software to any third party without Licensor's prior express written consent.

4.  Confidentiality

  1. The Software may collect and remotely store limited information directly relating to the license use and computer configuration for the purposes of automated license validation and technical support. The software will not collect passwords, keystrokes, file activities or other personal information relating to the specific use of the software or to other activities on the computer. The limited information collected will not be shared with 3rd  The licensee in using this software agrees to these terms.
  2. The Licensor is granted limited rights to publicly disclose Licensee Holders of the Software through its websites and other forms of written and electronic communication. No personal information or identifiable information collected under clause 4A shall be publicly disclosed.

5.  Support Services

  1. The Licensor provides support services related to the Software ("Support Services"), at its discretion. Use of Support Services, if any, is governed by Licensor's policies and programs described in any user’s manual, in online documentation, and/or in other Licensor-provided materials. Any supplemental Software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA.
  2. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
  3. Technical support is offered during the valid maintenance period, and includes specific assistance with the use of software functions, technical difficulties installing or running the software, problems activated or deactivating licenses, and any other anomalies noted with the normal operation of the program.
  4. Technical support does not include tuition in the correct use of the program, training in the application of the program to specific ventilation requirements, or review or technical analysis of models developed by the client and submitted to Howden Ventsim. The Licensor is under no obligation to respond to technical support or requested assistance and shall only do so at its discretion.

6.  Replacement, Modification and/or Upgrades

  1. Licensor may, from time to time, replace, modify, or upgrade the Software. As a Progressive Web Application (PWA), the Software will automatically update over the internet. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the Software)

7.  Termination

  1. You may terminate this EULA at any time by destroying all your copies of the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software from your computer, phone and any other device it has been installed on and destroy any copies of the Software in your possession.

8.  Copyright

  1. All title and copyrights in and to the Software (including but not limited to any source code, images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers.
  2. This EULA grants you no rights to use such content. This Software contains documentation that is provided only in electronic form; you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software.
  3. You may not reverse engineer, de-compile, disassemble, alter, modify, rent, lease, loan, or sublicense the Software in whole or part.

9.  Severability

  1. If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
  2. No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.

10.  Entire Agreement

  1. This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter.
  2. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
  3. By checking the “I accept” checkbox below, you agree to the terms of this EULA.