IMPORTANT--READ CAREFULLY: This Hartzell Fan, Inc.® License Agreement
("HFLA") is a legal agreement between you
(either an individual or a single entity) and Hartzell Fan, Inc.® ("HARTZELL
FAN") for the Hartzell Fan ESP software
product identified above, which includes computer software and may include associated
media, printed materials, and
"on-line" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this HFLA. If you do
not agree to the terms of this HFLA, do
not install or use the SOFTWARE PRODUCT and immediately return it to:
Hartzell Fan, Inc.®/910 South Downing Street/Piqua, OH 45356.
SOFTWARE PRODUCT LICENSE
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.
1. GRANT OF LICENSE. This HFLA grants you the following rights:
Application Software. You may install and use one copy of the SOFTWARE PRODUCT,
or any prior version for the same operating
system, on a single computer. The primary user of the computer on which the
SOFTWARE PRODUCT is installed may make a second
copy for his or her exclusive use on a portable computer.
Storage/Network Use. You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network
server, used only to install or run the SOFTWARE PRODUCT on your other computers
over an internal network; however, you must
acquire permission for each separate computer on which the SOFTWARE PRODUCT
is installed or run from the storage device.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, disassemble, or
create derivative works from the SOFTWARE PRODUCT.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product.
Its component parts may not be separated
for use on more than one computer.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services. HARTZELL FAN may provide you with support services related
to the SOFTWARE PRODUCT ("Support Services").
Use of Support Services is governed by the HARTZELL FAN policies and programs
described in the user manual, in "on-line"
documentation, and/or in other Hartzell-provided materials. Any supplemental
software code provided to you as part of the
Support Services shall be considered part of the SOFTWARE PRODUCT and subject
to the terms and conditions of this HFLA.
With respect to technical information you provide to HARTZELL FAN as part of
the Support Services, HARTZELL FAN may use such
information for its business purposes, including for product support and development.
HARTZELL FAN will not utilize such
technical information in a form that personally identifies you.
Software Transfer. You may not transfer your rights under this HFLA to anyone
except back to HARTZELL FAN at which time you
must transfer all of the SOFTWARE PRODUCT (including all component parts, the
media and printed materials, any upgrades,
this HFLA, and, if applicable, the Certificate of Authenticity). 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, HARTZELL FAN may terminate
this HFLA if you fail to comply with the terms
and conditions of this HFLA. 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 labeled as an upgrade, you must
be properly licensed to use a product identified by
HARTZELL FAN as being eligible for the upgrade in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
replaces and/or supplements the product that formed the basis for your eligibility
for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this HFLA. 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 and may not be separated for use on more
than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of
the SOFTWARE PRODUCT are owned by HARTZELL FAN. The SOFTWARE PRODUCT is protected
by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material
except that you may install the SOFTWARE PRODUCT on a
single computer provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying
the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more
than one medium. Regardless of the type or size of medium you receive,
you may use only one medium that is appropriate for your single computer. You
may not use or install the other medium on another computer.
You may not loan, rent, lease, or otherwise transfer the other medium to another
user, except as part of the permanent transfer
(as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation
are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in subparagraph
(C)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or subparagraphs (C)(1) and
(2) of the Commercial Computer Software--
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Hartzell
Fan, Inc.®/910 South Downing/Piqua, OH 45356-0919.
MISCELLANEOUS
If you acquired this product in the United States, this HFLA is governed by
the laws of the State of Ohio.
If you acquired this product in Canada, this HFLA is governed by the laws of
the Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the Province of Ontario
and further agrees to commence any litigation which may
arise hereunder in the courts located in the Judicial District of York, Province
of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this HFLA, or if you desire to contact
HARTZELL FAN for any reason, please contact by writing:
to: Hartzell Fan, Inc.®/910 South Downing/Piqua, OH 45356-0919.
2. Limitation of liability for breach of warranty. The exclusive obligation
of HARTZELL FAN for any breach of warranty is, at
HARTZELL FAN's option, limited to:
(a) repairing or replacing any SOFTWARE PRODUCT or correcting without cost to Licensee any SUPPORT SERVICES within the warranty period, or
(b) returning the price paid for the SOFTWARE PRODUCT or SUPPORT SERVICES.
Any request for repair, replacement or correction should be
directed to Hartzell Fan, Inc.Ò/910 South Downing/Piqua, Ohio 45356-0919.
HARTZELL FAN will not pay for any repair, replacement or
correction by Licensee or third parties without its prior written consent.
In no event whether as a result of breach of contract, or warranty, or alleged
negligence, defects, incorrect advice, or other causes,
shall HARTZELL FAN be liable for special or consequential damages, including,
but not limited to, loss of profits or revenue,
loss of use of equipment or any associated equipment, cost of substitute equipment,
facilities, or services, down time costs,
or claims of Licensee's customers.
HARTZELL FAN neither assumes nor authorizes any person to assume for it any other liability in connection with the sale of its goods or services.
3. NO IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS - HARTZELL FAN
DOES NOT WARRANT THAT THE SOFTWARE PRODUCT OR
SUPPORT SERVICES ARE OF MERCHANTABLE QUALITY OR THAT THEY ARE FIT FOR ANY PARTICULAR
PURPOSE. THERE IS NO IMPLIED WARRANTY
OF MERCHANTABILITY AND THERE IS NO IMPLIED WARRANTY OF FITNESS.
EXCLUSIVE FORUM SELECTION CLAUSE
Any claims relating to the SOFTWARE PRODUCT or SUPPORT SERVICES shall be brought
(if subject matter jurisdiction exists) solely in the
United States District Court for the Southern District of Ohio (Western Division).
In the absence of subject matter jurisdiction in that Court,
any such claims shall be brought solely in any Common Please Court of the State
of Ohio within the area encompassed by the United States District Court
for the Southern District of Ohio (Western Division).
PAYMENT OF HARTZELL FAN'S REASONABLE ATTORNEY'S FEES, EXPENSES, AND C0STS.
In the event of litigation relating to the SOFTWARE PRODUCT or SUPPORT SERVICES,
Licensee shall pay HARTZELL FAN's
reasonable attorney's fees, expenses, and costs.