ESP Request

END-USER LICENSE AGREEMENT FOR HARTZELL FAN, INC. ® ELECTRONIC SUPPORT PACKAGE (ESP) SOFTWARE

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.

WARRANTY INFORMATION
1. LIMITED WARRANTY. HARTZELL FAN warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of one (1) year from the date of receipt, and (b) any SUPPORT SERVICES provided by HARTZELL FAN shall be substantially as described in applicable written materials provided by HARTZELL FAN, and HARTZELL FAN support engineers will make commercially reasonable efforts to solve any problem issues. No warranty rights extend to future performance and any claims for breach of warranty or otherwise accrue upon receipt of the SOFTWARE PRODUCT or the rendering of SUPPORT SERVICES. The foregoing constitutes HARTZELL FAN's sole and exclusive warranty and is in lieu of all other warranties, whether written, oral, express, implied, or statutory. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or the SUPPORT SERVICES has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or SUPPORT SERVICES will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any SUPPORT SERVICES offered by HARTZELL FAN are available without proof of purchase from an authorized international source.

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.