IMPORTANT-READ CAREFULLY:
This End-Use License Agreement ("EULA") is a legal agreement between the end-user
(either an individual person or a single legal entity, who will be referred to in this EULA as "You")
and the Licensor for the Ener-Win software, including any associated media, printed materials
and electronic documentation (the "Software"). For purposes of this EULA, the term "Licensor"
refers to Degelman Engineering Group, Inc., a Texas Corporation. The Software also includes
any software updates, add-on components, web services and/or supplements that the Licensor
may provide to You or make available to You after the date You obtain Your initial copy of the
Software to the extent that such items are not accompanied by a separate license agreement
or terms of use. By installing, copying, downloading, accessing or otherwise using the Software,
You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA,
do not install, access or use the Software. If You do not agree to the terms of this EULA,
Licensor is unwilling to license the Software. In such event, You may not install, copy,
download or otherwise use the Software.
SOFTWARE SUB-LICENSE
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants You the following rights:
* Installation and Use. You may install and use an unlimited number of copies of the Software
within one organization at one site. For multi-site or multi-department use, You must purchase a
separate sub-license for each site or department using the Software.
* Reproduction and Distribution. You may not reproduce or distribute copies of the Software.
For each end-user of the Software within Your organization, You shall provide a copy of this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the Software.
* Trademarks. This EULA does not grant You any rights in connection with any trademarks or
service marks of Licensor or its suppliers.
* No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial
hosting services to third parties with the Software.
* Support Services. Licensor may provide You with support services related to the Software
("Support Services"). Use of Support Services is governed by the policies and programs described
in the user manual, in "online" documentation, or in other materials from the support services
provider. Any supplemental software code provided to You as part of the Support Services are
considered part of the Software and subject to the terms and conditions of this EULA. You
acknowledge and agree that Licensor may use technical information You provide to Licensor
as part of the Support Services for its business purposes, including for product support and
development. Licensor will not utilize such technical information in a form that personally
identifies You.
* Termination. Without prejudice to any other rights, Licensor or its suppliers may terminate this
EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must
destroy all copies of the Software and all of its component parts.
3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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 are owned in part by Texas A&M University and/or the Licensor. All title and
intellectual property rights in and to the content that is not contained in the Software, but may be
accessed through use of the Software, is the property of the respective content owners and may
be protected by applicable copyright or other intellectual property laws and treaties. This
EULA grants You no rights to use such content. If this Software contains documentation that is
provided only in electronic form, You may print multiple copies of such electronic documentation.
You may not alter the printed materials accompanying the Software. All rights not specifically
granted under this EULA are reserved by Licensor and its suppliers.
4. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply
to the Software, including the U.S. Export Administration Regulations, as well as end-user,
end-use and destination restrictions issued by U.S. and other governments.
5. APPLICABLE LAW.
If You acquired this Software in the United States, this EULA is governed by the laws of the
State of Texas. If this Software was acquired outside the United States, then local law may apply.
6. LIMITED WARRANTY.
Licensor warrants that the SOFTWARE will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days if the software remains unaltered and
is used in conjunction with the intended computer operating systems.
Any supplements or updates to the SOFTWARE, identified as “full-release upgrades”, will have
the same warranty as the originally licensed SOFTWARE.
Any supplements or updates to the SOFTWARE, identified as “beta versions”, “service packs”
or “hot fixes”, are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES OR OTHER DAMAGES. If You determine that the Limited Warranty
has not been met within ninety (90) days, Licensor’s and its suppliers' entire liability and Your
exclusive remedy shall be, (a) return of the price paid for the Software, or (b) repair or
replacement of the Software that does not meet this Limited Warranty and that is returned to
Licensor with a copy of Your receipt. You will receive the remedy elected by Licensor without
charge, except that You are responsible for any expenses You may incur (e.g. cost of
shipping the Software to Licensor). This Limited Warranty is void if failure of the Software
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any
replacement Software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.
To exercise Your remedy, contact: Degelman Engineering Group, Inc.,
Attn. Larry Degelman, 2206 Quail Run, College Station, TX 77845, (enerwin@suddenlink.net),
or the Licensor subsidiary serving Your country.
7. DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only
express warranty made to You and is provided in lieu of any other express warranties (if any)
created by any documentation or packaging. Except for the limited warranty and to the
maximum extent permitted by applicable law, Licensor and its suppliers provide the software
and support services (if any) 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, duties or conditions of merchantability, of fitness for a particular purpose,
of accuracy or completeness or responses, of results, of workmanlike effort, of lack of
viruses and of lack of negligence.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers
be liable for any special, incidental, indirect, or consequential damages whatsoever (including,
but not limited to, damages for loss of profits, for business interruption, for personal injury,
for loss of privacy, for failure to meet any duty including of good faith or of reasonable care,
for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any
way related to the use of or inability to use the software, the provision of or failure to provide
support services, or otherwise under or in connection with any provision of this EULA,
even in the event of the fault, tort (including negligence), strict liability, breach of contract
or breach of warranty of Licensor or any supplier, and even if Licensor or any supplier has
been advised of the possibility of such damages.
9. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that You
might incur for any reason whatsoever (including, without limitation, all damages referenced
above and all direct or general damages), the entire liability of Licensor and any of its
suppliers under any provision of this EULA and Your exclusive remedy for all of the
foregoing (except for any remedy of repair or replacement elected by Licensor with
respect to any breach of the limited warranty) shall be limited to the amount actually
paid by You for the software. The foregoing limitations, exclusions and disclaimers
(including sections 6, 7, and 8 above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.
10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the Software) is the entire agreement between You and Licensor
relating to the Software and the support services (if any) and they supersede all other oral or
written communications, proposals and representations with respect to the Software or any
other subject matter covered by this EULA. To the extent the terms of any Licensor policies
or programs for support services conflict with the terms of this EULA, the terms of this
EULA shall control.
Degelman Engineering Group, Inc.
2206 Quail Run
College Station, TX 77845 U.S.A.
e-mail : enerwin@suddenlink.net
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