PIPING SYSTEMS FLUIDFLOW - PRODUCT
END-USER LICENSE AGREEMENT AND LIMITED WARRANTY FOR FLITE SOFTWARE NI LTD PRODUCTS
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Flite Software NI Ltd for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
If you are the original purchaser of the Software License and you do not agree with the terms and conditions of this License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.
Upon your acceptance of the terms and conditions of the License Agreement, Flite Software NI Ltd grants you the right to use the Software in the manner provided below.
Flite Software NI Ltd represents and warrants that it has the legal right to enter into and perform its obligations under this License Agreement, and that use by the Licensee of the Software, in accordance with the terms of this License Agreement, will not infringe upon the intellectual property rights of any third parties.
- Intellectual Property
All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Flite Software NI Ltd and is protected by all applicable copyright laws and international copyright treaties. Therefore, you must treat this Software like any other copyrighted material (e.g. a book), except that you may either make 1 (one) copy of the Software solely for backup or archival purposes, or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
You agree not to, and You will not permit others to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Flite Software NI Ltd or its affiliates, partners, suppliers or the licensors of the Software.
Except as provided in this License Agreement, you may not transfer, sell, distribute, assign, electronically transmit, rent, lease, lend, copy, modify, translate, sublicense, host, outsource, disclose time-share, reverse engineer, decompile, disassemble or otherwise commercially exploit the Software, media or documentation to any third party without the written consent of Flite Software NI Ltd. The license term is outlined in the quotation as well as in the Support Upgrades and Maintenance Terms and Conditions.
- Network Licenses
Except with the written permission of Flite Software NI Ltd network licenses for the Software are for use only by end-users that are located in the country where the Software is purchased.
For the avoidance of doubt. It is a breach of this License Agreement for end-users located in a different country to use the Network license, unless Flite Software NI Ltd has provided written permission.
- Limited warranty
Flite Software NI Ltd warrants that the Software shall for a period of sixty (60) days from the date of purchase of the Software License (referred to as the warranty period), be free from defects in material and workmanship. Flite Software NI Ltd further warrants that during said warranty period, the Software shall operate substantially in accordance with the functional specifications given in the product manual. If, during the warranty period, a defect in the Software appears, you may return the materials to Flite Software NI Ltd either for replacement or, if so elected by Flite Software NI Ltd, a refund of the amounts paid by you under this License Agreement (not applicable to evaluation licenses). Flite Software NI Ltd does not warrant the fitness of the results achieved by the Software.
Except for the warranties set forth in this License Agreement, the Software contained therein, are licensed "AS IS" and “AS AVAILABLE” and Flite Software NI Ltd disclaims any and all other warranties, whether express or implied, including (without limitation) any implied warranties of saleability or fitness for a particular purpose.
Subject to the following exceptions provisions, neither party shall assign, delegate, sell, sublicense, or otherwise transfer its rights or obligations (by contract, operation of law, or otherwise) under this License Agreement without the prior written consent of the other party; provided, however, that any merger, acquisition, divestiture, or conversion done as part of a corporate sale or restructuring shall not be deemed to be an assignment and shall not require consent.
- Change in Ownership.
Either party may transfer, assign and delegate all or a portion of its rights and obligations under this Agreement including all associated Software license and maintenance rights and documentation, without the other party's consent and without payment of additional fees or charge, to (i) a purchaser of all or substantially all of the assigning party's voting stock or capital assets; (ii) an entity with which the assigning party consolidates or merges; or (iii) any subsidiary of the assigning party; so long as the assigning party owns at the time of the transfer at least fifty-one percent (51%) of the voting interests of such subsidiary; (iv) any new entity that acquires one or more business units or divisions or facilities of the assigning party; or (v) an Affiliate.
- Limitation of Liability
The 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 Flite Software NI Ltd for the use of the Software. In no event shall Flite Software NI Ltd be liable for any indirect, incidental, consequential, special or exemplary damages or lost profits, even if Flite Software NI Ltd has been advised of the possibility of such damages. For evaluation licenses Flite Software NI Ltd shall not be liable for any loss or damages.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this License Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this License Agreement shall otherwise remain in full force and effect and enforceable Binding Agreement
- Governing Law
This Agreement shall be governed by the laws for the time being operating in Northern Ireland and the parties submit to the jurisdiction of the Northern Irish Courts to resolve any dispute arising
- Entire Agreement.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this License Agreement.
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.