“You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these terms), and, if you access this Site on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC or LLP), collectively, you and such corporation or other legal entity on whose behalf you access the Site.
No charge is made for your use of the Site (unless otherwise stated), although you should be aware that charges for Internet use may apply at rates determined by your provider. Heat Exchangers Software reserves the right to change the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion.
Heat Exchangers Software reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Heat Exchangers Software further reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Heat Exchangers Software.
- Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorised to accept these terms and conditions on behalf of such corporation or other legal entity. Further, you acknowledge that you are 18 years of age or older. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to Heat Exchangers Software.
- Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: You agree to require each of your employees to be bound by the terms and conditions of these Terms and you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Site, including any breaches of these Terms. All references to your access and/or use of the Site herein include access and/or use of the Site by your employees. You agree that each of your employees is responsible for maintaining the confidentiality of any password that such employee may use to access the Site, and you agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to the Site, to other employees or any third party. If an employee leaves your employ, or if you wish to disable an employee’s access to the Site, you are responsible for any such changes. You are fully responsible for all interaction with the Site that occurs in connection with passwords or user names associated with your employees (including any former employees).
- Purchases. If you wish to purchase our products and services, for your convenience, we may provide links on the Site to a web store where you can make such purchases. Please be aware that the web store may be hosted on the Site or on a sub-domain of the Site, but is operated by a third party, and is governed by such third party’s website terms and conditions, not by these Terms and for which Heat Exchangers Software is in no way responsible or liable. We encourage you to read the terms and conditions of the web store prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such web store.
- Software. Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of WeBBusterZ Engineering (WeBBusterZ), its suppliers and/or its licensors. Use of the Software may be governed by the terms of the end user license agreement or other agreement applicable to the Software (each, a “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms.
The Software is made available for downloading solely for use by end users in accordance with the License Agreement and/or these Terms. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software.
Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY ANY LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
- Proprietary Rights. The information and materials made available through the Site, including the Software, are and shall remain the property of WeBBusterZ Engineering (WeBBusterZ), its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by WeBBusterZ Engineering (WeBBusterZ) and Heat Exchangers Software to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may (a) view any content on the Site to which we provide you access hereunder on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print one (1) copy of materials that WeBBusterZ Engineering (WeBBusterZ) and Heat Exchangers Software specifically makes available for downloading (the “Documents”) from this Site solely for personal, informational, non-commercial purposes, provided that the Documents may not be modified or altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, the Site or any information from this Site, in whole or in part, without the express prior written authorisation of Heat Exchangers Software and WeBBusterZ Engineering (WeBBusterZ) . Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Heat Exchangers Software. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Heat Exchangers Software’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without WeBBusterZ Engineering’s express prior written consent.
- Disclaimer of Warranties. HEAT EXCHANGERS SOFTWARE AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. HEAT EXCHANGERS SOFTWARE AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSOR’S HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PLEASE NOTE THAT THE LICENSE AGREEMENT APPLICABLE TO ANY SOFTWARE AVAILABLE THROUGH THE SITE MAY CONTAIN EXPRESS (BUT NOT IMPLIED) WARRANTIES APPLICABLE TO SOFTWARE, WHICH WILL GOVERN THAT PARTICULAR SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY HEAT EXCHANGERS SOFTWARE IN SUCH LICENSE AGREEMENT, THE SOFTWARE IS GOVERNED BY THE DISCLAIMER OF WARRANTIES SET FORTH IN THE PREVIOUS PARAGRAPH OF THIS SECTION 6.
- Limitation of Liability. IN NO EVENT SHALL HEAT EXCHANGERS SOFTWARE AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSOR’S AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, ANY SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, HEAT EXCHANGERS SOFTWARE AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSOR’S AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SOFTWARE AND/OR OTHER CONTENT POSTED ON THE SITE BY HEAT EXCHANGERS SOFTWARE OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Software License Agreements
The terms of Heat Exchangers Software license agreements may vary depending upon the specific software product and version that you licensed from Heat Exchangers Software.
We generally provide our software license agreements electronically within each software. Please refer to the particular software product for the software license agreement applicable to that software.
Remember that you are bound by the specific software license agreement that applies to each software product you have licensed and installed.
Online Purchases Terms and Conditions
Your online purchase is subject to the terms and conditions set out below by Heat Exchangers Software.
Orders. By clicking on the “Buy” button you are placing an order online to purchase products, services and/or subscriptions from Heat Exchangers Software subject to these terms and conditions. You will receive an order confirmation/receipt once your order has been accepted and processed. To place an order online with Heat Exchangers Software for products, services and/or subscriptions you must be at least [18 years of age]. By clicking on the “Buy” button you are certifying that you are at least [18 years of age].
Price. The price for the products, services and/or subscriptions you order will be quoted to you in the online cart and will also be indicated on your order confirmation/receipt. This is the price that will be charged to your credit card.
Payment Methods. Please read Terms and Conditions from Our Reseller Company for their Payment Methods.
Delivery. Products, services and/or subscriptions purchased by you will be made available to you electronically via the Reseller Company associated with your order.
Auto-Renewal of Subscriptions. If you purchase a subscription, by clicking on the “Buy” button and completing your purchase, you expressly request and authorise Heat Exchangers Software to automatically renew your subscription for successive renewal terms each equal in length to the initial term purchased by you, at the purchase price for your initial term, using the payment information you provided for your initial purchase, until you cancel.
You can elect to cancel an automatic renewal for a particular subscription at any time and for any reason by emailing Heat Exchangers Software with your Order Id and following the steps to cancel that automatic renewal.
Cancellation and Refund. You may cancel your product, service and/or subscription purchase in accordance with the terms of our resellers which forms a part of these terms and conditions. Refunds can’t be issued if product(s) has been activated and/or downloaded.
Software licenses are unique to each computer installed on, failure to follow the license activation and removal instructions may invalidate your license. We have no means of checking that the license isn’t being installed on different machines, so every license is unique and need to be removed from the computer to be transferred to a different computer. Failure to follow the removal instructions may invalidate your license.