CtrlSpecBuilder

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End User License Agreement (EULA)

This End User License Agreement (EULA) is a CONTRACT between the User, and Automated Logic Corporation (ALC) which covers the User's use of CtrlSpecBuilder, (the Product), an online tool created by Automated Logic Corporation. CtrlSpecBuilder is intended to assist a professional engineer in preparing bid specifications for a heating, ventilating, and air conditioning (HVAC) control project. It is provided free of charge by ALC to be used as the engineer sees fit. It is not a substitute for engineering judgment or experience and ALC extends no guarantees, expressed or implied, as to the accuracy or suitability of the resulting specification. BY USING THE PRODUCT AND/OR DOWNLOADING FILES FROM THE WEB SITE, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.

Description of other rights and limitations

User may use CtrlSpecBuilder free of charge to assist in preparing specifications. Specifications prepared by the User become the sole property and responsibility of the User. ALC may provide courtesy storage of electronic files created by the User for convenience in subsequent editing sessions; however, ALC guarantees neither the storage nor the integrity of these files. User is responsible for downloading and storing any files he or she does not wish to lose. User may not reverse engineer, decompile, or disassemble the Product, modify or create derivative works based upon the Product, in whole or in part, distribute copies of the Software, remove any proprietary notices or labels on the Product or resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the product. User acknowledges that no title to the intellectual property in the Product is transferred. Title, ownership, rights, and the intellectual property rights in and to the Products shall remain with ALC. Furthermore, this EULA does not grant the User any rights in connection with any trademarks or service marks of ALC.

Warranties

ALC warrants that, to the best of its knowledge, the intellectual property embodied in this product does not infringe upon the registered U.S. copyright, patent, or trademark rights of third parties. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.

Limitation on liability

ALC shall not be liable for loss of profit, loss of business, or other financial loss that may be caused, directly or indirectly, by the inadequacy of CtrlSpecBuilder for any purpose or any use thereof, or by any defect or deficiency therein. The User agrees that the ALC's liability for damages, if any, shall not exceed the charges paid to ALC by the User under this Agreement. No action, regardless of form, arising out of any transaction under this Agreement may be brought by the User more than one year after the User has knowledge of the occurrence which gives rise to the cause of such action.

Additional software

This EULA applies to updates or supplements to the original Product provided by ALC.

Termination

ALC reserves the right to discontinue providing access to CtrlSpecBuilder and all stored files at any time with no prior notification.

Severability

If any part or parts of this agreement are held to be invalid, the remainder of this agreement shall continue to be valid and enforceable and shall be construed insofar as is possible to achieve the original intentions of the parties hereto.

Note on Java support

Sun Microsystems, Inc. has contractually obligated ALC to make this disclaimer:
THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Entire Agreement

This EULA, including any addendum or amendment to this EULA which is included with the Product, is the entire agreement between User and ALC relating to the Product, and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Products or any other subject matter covered by this EULA. To the extent the terms of any ALC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

Contact Information

If the User has any questions about this EULA, or wants to contact ALC for any reason, please direct all correspondence to: Automated Logic Corporation, Attn: Marketing Department, 1150 Roberts Blvd., Kennesaw, GA 30144, United States of America or e-mail [email protected]. Questions or suggestions concerning the Product should be e-mailed to [email protected].