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 ARE 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 Chipkin BACnet Explorer and/or Chipkin BACspy (version 2.0 and later) and/or Chipkin BACnet Watchdog and/or Chipkin BACnet Object Monitor and/or any product package containing a combination of one or more of these named products.
The agreement applies to anyone, 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:
The retail price of this Product is USD595.00 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 Chipkin may incur in collecting such payments. If you have purchased a license to use this product or if Chipkin 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. Chipkin are not obliged to provide a new Key except where proof of the destruction of the old Key is provided.
Chipkin reserve the right to, without warning, cancel or suspend the license of any license holder who violates the terms of this agreement. Chipkin may achieve this by sending you a license key which disables the Product.
This Product may not be distributed or sold except by Chipkin or a distributor/agent appointed by Chipkin who has a signed and valid distribution/agent agreement with Chipkin.
Chipkin does not warrant that the application is free of defects but Chipkin do undertake to repair, where Chipkin determines that it is feasible do so, all defects reported during the warranty period. Chipkin makes no warranty about the time frame over which defects will be repaired. Chipkin 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 Chipkin, Chipkin will expect the defect reporter to provide additional technical information as required by Chipkin and Chipkin may expect the reporter to perform tests as directed by Chipkin 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 Chipkin. Chipkin make no assertions with respect to merchantability, fitness for a particular purpose, or non-infringement. Chipkin do provide you with an opportunity to evaluate this product before you make a purchase. Chipkin advises you to perform the evaluation before using this product for any purpose other than evaluation and testing and by providing this opportunity Chipkin 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.
Limitation of Liability and Jurisdiction
The liability of the Chipkin, 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 Chipkin or its agents shall in no case exceed Chipkin ’s net unit price Ex Works of such services, information and/or Products or part thereof involved in a claim. In no event shall Chipkin 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 Chipkin has been advised of the possibility of such damages.
Chipkin 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.
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 Chipkin products, services and websites.
Refund and Malice
If you choose not to accept this agreement, you may qualify for a refund. You will never qualify for a refund from Chipkin 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 Chipkin, you should determine what their refund policy is since Chipkin will never refund you under any circumstances. If Chipkin determines that you qualify for a refund, then Chipkin will not provide the refund until the key has been returned to Chipkin. A handling fee of up to 35% of the purchase prices may be applied by Chipkin.
You agree not to harm the reputation of Chipkin by making malicious, unfounded or defamatory reports about the product publicly and you understand that making public reports about defects shall be considered malicious unless those same defects have been reported to Chipkin and Chipkin has been provided an opportunity to repair them.
Publisher and Copyright Information
This Product is published by Chipkin – A company registered in the province of British Columbia, Canada.
Chipkin 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 Chipkin to publish this application/information. This copyright is asserted for 2005, the year in which the intellectual property was first developed.
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.
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 used by Chipkin 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 Chipkin will be able to associate your email address with an IP address and a MAC address. Chipkin will use this information to manage upgrades and the issuing of new license keys to you.
If you provide Chipkin 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 Chipkin may use this information to contact you from time to time and to provide you with what Chipkin deems as relevant information on associated products and services. Chipkin does not provide this information, without your permission to any 3rd party. On request, Chipkin will no longer contact you, with regard to this Product. Such requests should be sent to [email protected]
If you contact Chipkin and provide feedback, suggestions or any other information then Chipkin may treat all the information contained in your correspondence as being non-confidential, unless you explicitly state, that such information is confidential. Further, Chipkin 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.