LICENSE AGREEMENT

DO NOT INSTALL THIS PRODUCT IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT. BY INSTALLING THIS PRODUCT YOU ARE PRESUMED TO HAVE READ THE ENTIRE AGREEMENT AND YOU ARTE INDICATING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU CHOOSE NOT TO ACCEPT THIS AGREEMENT AND CANCEL THE INSTALLTION YOU MAY QUALIFY FOR A REFUND.

End User License Agreement for CAS BACnet Explorer and/or CAS BACspy (version 2.0 and later) and/or CAS BACnet Watchdog and/or CAS BACnet Object Monitor and/or any product package containing a combination of one or more of these named products.

The agreement applies to any one, any number or all of the named products. It specifically applies to the product you are installing or using or considering installing if the name of the product is the same as one of the named products in this agreement. If you are installing a package which consists of a combination of one or more of the named products then this End User License Agreement applies to each named product that forms part of that package.

Abbreviations and definitions used in this license agreement

Chipkin Automation Systems Inc (CAS)

Product: A software application / utility and its associated files, manuals, help files, images, look and feel, license key, specifications, algorithms and / or a publication providing technical information. An inherent part of the Product is its license agreement.

Key: The technology used to enable some/all of the Product.

You: The individual reading this agreement on his/her own behalf or as an agent of a company, entity or organization in which case the term ‘You’ stands for the organization for which the reader is an agent.

License Agreement

You acknowledge that you understand who the publisher and copyright holders are and what their rights are.

You acknowledge that you have read and understand the disclaimer and limitation of liability clauses of this agreement.

You agree not to alter the Product in any way.

You agree not to separate the Product and its license agreement.

You agree to privacy policy of this agreement.

The retail price of this Product is $990.00 per installation or per commercial use. A commercial use is each use of the application by an agent of a commercial enterprise performing an action for commercial purposes even if there is no direct fee charged for that action. If you violate any term of this agreement you are liable to pay the publisher, on demand, the full retail price per commercial use plus applicable taxes and any costs CAS may incur in collecting such payments. If you have purchased a license to use this product or if CAS have provided you with a license other than an evaluation license then you may use this product for commercial purposes. If you have been provided a key for demo or evaluation purposes you may only use this product for evaluation purposes only and use of this product for a commercial purpose is prohibited.

The Product is enabled with a Key. The key is non-transferable. There are two forms to this key – a hardware form and a software form. The Key is intended to enable the Product for your use on a single computer but may be transferred to any computer under the direct control of the purchaser. You may not use the Product without a valid Key. You may not provide your Key to any other party – it is not transferable except with written permission from the Publisher. You may not tamper with the Key. You may not take any steps to defeat the Key by enabling the Product using any other technique. The Key may use your IP address and the MAC address from one of the network adapters in your computer. The Key is provided by the publisher. You are responsible for ensuring that the Key is used in such a way that is consistent with this license. If you change the computer you have installed the Product and Key on, then a new key may be required. The Key is also tied to the version of the Product. Thus you may be required to upgrade your copy of the Product to request and use a new Key. CAS are not obliged to provide a new Key except where proof of the destruction of the old Key is provided.

CAS reserve the right to, without warning, cancel or suspend the license of any license holder who violates the terms of this agreement.  CAS may achieve this by sending you a license key which disables the Product.

This Product may not be distributed or sold except by CAS or a distributor/agent appointed by CAS who has a signed and valid distribution / agent agreement with CAS.

Warranty

CAS do not warrant that the application is free of defects but CAS do undertake to repair, where CAS determines that it is feasible do so, all defects reported during the warranty period. CAS makes no warranty about the time frame over which defects will be repaired. CAS will not repair a defect in cases where the defect report is vague and/or inaccurate. In cases where the defect is not easily reproducible by CAS, CAS will expect the defect reporter to provide additional technical information as required by CAS and CAS may expect the reporter to perform tests as directed by CAS before such a defect can be repaired.

This warranty does not imply anything not stated explicitly. How you use this product, how you use the data provided by the product and how suitable this product is for any purpose at all is not asserted by CAS. CAS make no assertions with respect to merchantability, fitness for a particular purpose, or non-infringement. CAS do provide you with an opportunity to evaluate this product before you make a purchase. CAS advises you to perform the evaluation before using this product for any purpose other than evaluation and testing and by providing this opportunity CAS deems you alone to have made determinations about the correctness, fitness for purpose or any other aspect of the product.

The warranty period is 12 months from the date of purchase.

Publisher Information

This Product is published by CAS– A company registered in the province of British Columbia, Canada.

Copyright Information

CAS is the holder of the copyright on the published Product. This copyright is asserted for 2005, the year in which it was first published.

Peter M Chipkin is the copyright holder of the intellectual property and algorithms contained in the Product. He has granted a license to CAS to publish this application / information. This copyright is asserted for 2005, the year in which the intellectual property was first developed.

Rights of the Publisher / Copyright Holder

Any application or information that form part of the Product may include technical inaccuracies or typographical errors. Changes may be periodically made to the Product; these changes will be incorporated in new editions of the Product. The Publisher may make improvements and/or changes in the Product and publish the changed Product at any time without notice.

The Product, its applications and / or associated information may be withdrawn from distribution at any time.

Limitation Of Liability

The liability of the CAS, its agents, directors, officers, subcontractors, suppliers, for all claims, actions, judgments, expenses related to or resulting from any loss or damage arising out of performance or non-performance of obligations in connection with the use of this website, the use of services, information, applications and/or Products obtained through the use of this website or directly from CAS or its agents shall in no case exceed CAS’s net unit price Ex Works of such services, information and/or Products or part thereof involved in a claim. In no event shall CAS be liable for loss of profit and for any indirect, special, incidental or consequential damages of any nature or kind including but not limited to delays, loss of revenue, loss of use, loss of data, loss of production, costs of capital or costs of replacement power, even if CAS has been advised of the possibility of such damages.

CAS advises user’s that they should perform tests in safe environments before using the product to perform actions which could result in harm to humans, animals or material objects.

Jurisdiction

The laws of the Province of British Columbia, Canada shall apply to the interpretation of this agreement and any supplementary terms and conditions as well as to the use of CAS products, services and web sites.

Privacy Policy

Other than your IP address and a MAC address from one of your Network Adapter cards, this Product does not collect any of your personal information except when you explicitly provide it.

The IP and MAC addresses are be used by CAS to build a Product License Key which enables the Product. When you request a license key you will be asked to provide a valid email address and the license will be emailed to that address. Thus CAS will be able to associate your email address with an IP address and a MAC address. CAS will use this information to manage upgrades and the issuing of new license keys to you.

If you provide CAS with an email address or other personal information as part of the process of obtaining the Product, when evaluating the product or as part of a non-confidential correspondence, then CAS may use this information to contact you from time to time and to provide you with what CAS deems as relevant information on associated products and services. CAS does not provide this information, without your permission to any 3rd party. On request, CAS, will no longer contact you, with regard to this Product. Such requests should be sent to privacy@chipkin.com.

If you contact CAS and provide feedback, suggestions or any other information then CAS may treat all the information contained in your correspondence as being non-confidential, unless you explicitly state, that such information is confidential. Further, CAS shall be free to use any non-confidential ideas, concepts, know-how or techniques contained in such correspondence, at no cost, for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

Refund

If you choose not to accept this agreement you may qualify for a refund. You will never qualify for a refund from CAS if you have installed or evaluated this product before, even if that installation was a demo version. If you purchased this product from a company other than CAS, you should determine what their refund policy is since CAS will never refund you under any circumstances. If CAS determines that you qualify for a refund, then CAS will not provide the refund until the key has been returned to CAS. A handling fee of up to 20% of the purchase prices may be applied by CAS.

Jurisdiction

The laws of the Province of British Columbia shall govern this agreement. In the event of a dispute that cannot be directly resolved by the parties, both parties agree to binding arbitration by the Arbitrators Association of British Columbia.

Malice

You agree not to harm the reputation of CAS by making malicious, unfounded or defamatory reports about the product publically and you understand that making public reports about defects shall be considered malicious unless those same defects have been reported to CAS and CAS has been provided an opportunity to repair them.

Entire Agreement

This is the entire license agreement with CAS.

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