End user agreement for WinThermO
This license statement and limited warranty constitutes a legal agreement ('License Agreement') between
you and all other associated entities (either as an individual or an entity) ON THE ONE PART and
Measurement And Conversion Software (henceforth referred to as 'M.A.C Software') ON THE OTHER
PART for the application identified above as WinThermO, any updates or supplements, online or
electronic documentation, printed documentation, and example files (collectively and severally referred to
as the 'Software').
By installing, copying, or otherwise using the Software, you agree to be bound by all other terms and
conditions of the License Agreement. If you do not understand or do not accept these terms, you must
stop using this product immediately.
M.A.C Software grants to you a non-exclusive, non-transferable license to use the Software free of
TITLE AND COPYRIGHT
M.A.C Software and/or its licensors owns all copyright, trade secret, trademark, patent, and any other
intellectual property or proprietary rights in and to the Software. The copyright laws of Australia and
international copyright treaties protect the Software. Title, ownership rights, and intellectual property
rights in and to any content accessed through the Software is the property of the applicable content
owner and may be protected by applicable copyright or other law. This License Agreement gives you no
rights to such content.
If the Software is an upgrade, you may use or transfer the Software only in conjunction with the
upgraded product. The upgrade version of the Software and the Software you upgraded constitute a
single product. After the upgrade, you may use only the upgraded product in accordance with the
License Agreement that came with the upgrade.
OTHER RIGHTS AND LIMITATIONS
You MAY NOT:
a) modify, translate, reverse engineer, decompile, or disassemble the Software, except and only to
the extent that applicable law notwithstanding this limitation expressly permits such activity. You
acknowledge that the Software in source code form remains a confidential trade secret of M.A.C
Software and/or its suppliers.
b) create derivative works based on the Software.
c) use the Software or any derivative in any form of program which would be generally competitive
with or a substitute for M.A.C Software's product line, except by written agreement with M.A.C Software.
d) rent, lease, lend, sublicense the Software or any of the documentation.
e) modify or remove any proprietary notices or labels on the Software including any copyright
notice, or any 'about' dialog or the method by which it may be invoked.
f) sell or resell copies of the complete or partial Software or any of the documentation.
g) use M.A.C Software's names, logos, or trademarks, except to state that you use this Software. You
will indemnify and hold M.A.C Software and its related entities harmless from and against any claims or
liabilities arising out of any use of the Software.
You shall notify M.A.C Software immediately on becoming aware of any unauthorized modification of the
whole or any part of the Software.
No forbearance, delay or indulgence by a party in enforcing the provisions of this License Agreement
shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a
waiver of any subsequent breach.
The license will terminate automatically if you fail to comply with any of the terms of this License
Agreement. On termination, you must destroy all copies of the Software and documentation. You must
also stop using the Software and completely remove it from any computers on which it is installed.
DISCLAIMER OF WARRANTY
M.A.C Software makes no representation or Warranty that the Software or documentation are 'error-free',
or meet any user's particular standards, requirements, or needs. The entire risk as to the quality and
performance of the Software in your environment is borne by you. Should the Software prove
defective, you and not M.A.C Software assume the entire cost of any service and repair. M.A.C
Software provides no Warranty at all to any person.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall M.A.C Software or
its suppliers or distributors be liable to you or any other person or entity for any indirect, special,
incidental, or consequential damages of any character (including, without limitation, damages for loss of
goodwill, work stoppage, loss of profit, computer failure or malfunction, or any and all other commercial
damages or pecuniary losses) arising out of the use of or inability to use the Software product or the
provision of or failure to provide support services.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as
on-line control equipment in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, direct life support machines, weapons systems, aircraft navigation or
communication systems, or air traffic control, in which the failure of the Software could lead directly to
death, personal injury, or severe physical or environmental damage ('High Risk Activities'). M.A.C
Software and its suppliers and distributors specifically disclaim any express or implied Warranty of
fitness for High Risk Activities.
This agreement shall be governed by, construed, and interpreted in accordance with the laws of the
State of Victoria, Australia. This License Agreement represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and representations between them.
These Terms and Conditions may not be waived, amended, or modified in any way except through a
written agreement signed by M.A.C Software. If any one or more provisions of the License Agreement
are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent
M.A.C Software reserves all other rights and restrictions not specifically granted in this License