AMERICAN INDUSTRIAL HYGIENE ASSOCIATION SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND AMERICAN INDUSTRIAL HYGIENE ASSOCIATION. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE ONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
(a) You are hereby granted a revocable, limited, non-exclusive license for the Software. You may only download to and use the Software on one device at a time.
(b) 'Software' means the IH CALCULATOR software program and any third party software programs contained therein, in each case supplied by AMERICAN INDUSTRIAL HYGIENE ASSOCIATION herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
(c) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(d) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(e) You may not sell, rent, lease, or sublicense the Software.
(f) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(g) In the event that you fail to comply with this EULA, AMERICAN INDUSTRIAL HYGIENE ASSOCIATION may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
The foregoing license gives you limited license to use the Software. AMERICAN INDUSTRIAL HYGIENE ASSOCIATION retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.
3. WARRANTY DISCLAIMER
(a) AMERICAN INDUSTRIAL HYGIENE ASSOCIATION DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. AMERICAN INDUSTRIAL HYGIENE ASSOCIATION DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
THE AMERICAN INDUSTRIAL HYGIENE ASSOCIATION DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION AVAILABLE ON THE SOFTWARE, AND IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR MISREPRESENTATIONS. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
4. LIMITATION OF LIABILITY
(a) AMERICAN INDUSTRIAL HYGIENE ASSOCIATION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AMERICAN INDUSTRIAL HYGIENE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) AMERICAN INDUSTRIAL HYGIENE ASSOCIATION'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT THAT YOU PAID TO AMERICAN INDUSTRIAL HYGIENE ASSOCIATION FOR THE SOFTWARE.
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between AMERICAN INDUSTRIAL HYGIENE ASSOCIATION and you. AMERICAN INDUSTRIAL HYGIENE ASSOCIATION would not be able to provide the Software on an economic basis without such limitations.
This EULA shall be governed by the internal laws of the Commonwealth of VIRGINIA, USA, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Fairfax County, VIRGINIA, USA to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of AMERICAN INDUSTRIAL HYGIENE ASSOCIATION to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.
AMERICAN INDUSTRIAL HYGIENE ASSOCIATION and other trademarks contained in the Software are trademarks or registered trademarks of AMERICAN INDUSTRIAL HYGIENE ASSOCIATION in the United States and/or other countries. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use AMERICAN INDUSTRIAL HYGIENE ASSOCIATION’ names or any of its trademarks.