COMPUTER SOFTWARE for REFRIGERATION and AIR CONDITIONING PROFESSIONALS from MISTRAL.

END-USER LICENCE AGREEMENT FOR MISTRAL SOFTWARE


IMPORTANT READ CAREFULLY: This Mistral End-User Licence Agreement is a legal agreement between you (either an individual or a single entity) and Mistral Associates (hereinafter referred to as Mistral), which includes computer software and associated media and printed materials, and may include on-line or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing and using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund (where applicable).

SOFTWARE PRODUCT LICENCE

1. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. You may install and use the SOFTWARE PRODUCT only at a single business, residential or educational address or on portable computers that are operated in or from those addresses. Subject to payment of the appropriate licence fee the SOFTWARE PRODUCT may be installed on network systems where multiple users have simultaneous access provided those users occupy a single business, residential or educational address.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. - Rental. You may not rent or lease the SOFTWARE PRODUCT. - Software Transfer. You may permanently transfer all of your rights under this agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this agreement and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. - Termination. Without prejudice to any other rights, Mistral may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another product, whether from Mistral or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Mistral product, you now may use that upgraded product only in accordance with this agreement. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, text, incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Mistral or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.

5. Due to unacceptable intellectual property rights protection this product is neither licenced nor authorised for use in the Peoples Republic of China. No product support is therefore offered in the Peoples Republic of China.

LIMITED WARRANTY

LIMITED WARRANTY. Mistral warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some countries and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.

CUSTOMER REMEDIES. Mistral's and its suppliers' entire liability and your exclusive remedy shall be, at Mistral's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Mistral's Limited Warranty and which is returned to Mistral with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by Mistral are available without proof of purchase from an authorised international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,MISTRAL AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/JURISDICTION TO COUNTRY/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISTRAL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MISTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.