By purchasing and downloading
the software from Energy Programming or associated
company websites you agree to the following License Agreement:
 | IMPORTANT: PLEASE READ CAREFULLY: This End-User License Agreement (‘License Agreement’) is a legal agreement between you the End User and Energy Programming Ltd for the software product, which includes computer software, the data supplied with it, the associated media, printed materials, and online or electronic documentation.
By installing, copying, or otherwise using this product, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this License, do not install or use this product but return it to your supplier for a full refund.
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| COPYRIGHT
All products contained in this setup are copyright ©2003 Energy Programming Ltd. Data contained in our products are copyright ©2003 Energy Programming Ltd.
The information contained in the products is published by Energy Programming Ltd.
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| LICENSE AGREEMENT
Products are protected by copyright law and by international copyright treaties, as well as by trademark legislation and other intellectual property laws and treaties. Our Products are licensed, not sold.
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| GRANT OF LICENSE
In consideration of payment of a License fee, and such regular Renewal Fees as become due not longer than 12 months after payment of the License Fee and at intervals not greater than 12 months thereafter, Energy Programming Ltd grants you a non-exclusive right to use and display one copy of the Energy Programming software product.
This License Agreement grants you the following rights:
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| SOFTWARE: You may install and use one copy of the product on one Computer.
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| NETWORKS: If Energy Programming software is installed and used on a computer network, a separate License Agreement must be held for each separate workstation or computer which may access Energy Programming software at any time. To avoid any doubt, a license for Energy Programming software may not be shared between computers, on or off networks.
Energy Programming Ltd expressly reserve all rights not specifically granted to you by this license.
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| OWNERSHIP As licensee you own the physical media on which Energy Programming software is originally recorded, but Energy Programming retains title and ownership of the software recorded on the original media. Energy Programming retains title and ownership of the data supplied with Energy Programming Products.
This license is not a sale of the original software product or any copy.
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| RIGHTS & LIMITATIONS
1. You may not reverse engineer, decompile, or disassemble Energy Programming Products, except and only to the extent that such activity is expressly permitted by applicable law.
2. Energy Programming Products are licensed as a single product. Its component parts may not be separated for use on more than one computer.
3. You may not rent or lease Enegry Programming Products without express permission, in writing, from Energy Programming Ltd.
4. You may permanently transfer all of your rights under this License Agreement only as part of a sale or transfer of all rights and obligations contained in the License. You must retain no copies, you must transfer all of the Energy Programming Product(s) (including all components, the media and any printed materials, upgrades, and this License Agreement) and the recipient must agree to the terms of this License Agreement.
5. Without prejudice to any other rights, Energy Programming Ltd may terminate this License Agreement if you fail to comply with its terms and conditions. In this event, you must destroy all copies of Energy Programming software and all of its component parts.
RENEWALS It is an express term of this License Agreement that you purchase regular product renewals at a frequency not exceeding 12 month intervals. The product renewals contain the latest, most accurate data as well as software and program updates. You may not use a version of an Energy Programming product that has not been updated for over 12 calendar months.
SUPPORT SERVICES Product support for Energy Programming products is provided, free of charge, only by Internet Electronic Mail (Email), World-Wide Web publications and documentation and by Telephone. Provision of support service is governed by Energy Programming's policies and is provided ‘as-is’ and without any warranties, express or implied.
Any supplementary software code provided as part of support services shall be considered part of Energy Programming Product and subject to the terms and conditions of this License Agreement. Energy Programming may use any information provided as part of the support services, for the business purposes, including for product support and development, of Energy Programming Ltd.
GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales. Headings have been included for convenience only and shall not be used in construing any provision in this Agreement.
LIMITED WARRANTY
Energy Programming Warrants that:
1. Products will perform substantially in accordance with the accompanying written ‘on line’ documentation for a period of ninety (90) days from the date of receipt.
2. Support services provided by Energy Programming Ltd shall be substantially as described in applicable written materials provided to you by Energy Programming, and Energy Programming Ltd support engineers will make commercially-reasonable efforts to solve any problem issues.
To the extent allowed by law, any implied warranties on Products are limited to ninety (90) days.
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| CUSTOMER REMEDIES
Energy Programming and its suppliers’ total liability and your exclusive remedy shall be, at Energy Programming's option, either:
1. Return of the price paid
2. Repair or replacement of the software product that does not meet Energy Programming’s limited warranty and that is returned, complete and undamaged to Energy Programming Ltd with a copy of your receipt.
This limited warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
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| NO OTHER WARRANTIES
To the maximum extent allowed by law, Energy Programming and its suppliers disclaim any other warranties or conditions, either express or implied, including, but not limited to, implied warranties of fitness for any purpose, merchantability, title and non-infringement, with regard to the product, and the provision of or failure to provide technical support services. This limited warranty gives specific legal rights. Other legal rights may occur in some jurisdictions.
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| LIMITATION OF LIABILITIES
To the maximum extent allowed by law, in no circumstances will Energy Programming Ltd or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes damages for loss of business profits, business interruption, loss of information, or any other monetary loss, arising out of the use of or inability to use Energy Programming Products or the provision of or failure to provide technical support services. It shall apply even if Energy Programming has been advised of the possibility of such damages.
In any case, Energy Programming’s entire liability under any provision of this License Agreement shall be limited to the total amount actually paid by you for the Energy Programming product in use on one computer.
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