Product Selection Software License Agreement

This License Agreement applies to Product Selection Software of Baltimore Aircoil Company. By downloading, otherwise obtaining, or using this software, the user agrees to the terms of this agreement. This is a License Agreement between Baltimore Aircoil Company (BAC) and the individual or organization (USER) by whom the Software was downloaded from the BAC website or otherwise obtained. “Software” shall mean BAC’s Product Selection Software installation programs and files created during the installation process.

The intended purpose of the Software is to aid the USER in selecting and optimizing BAC products for the USER’s application. BAC shall grant to USER a free, non-transferable and non-exclusive license to use the Software for its intended purpose, subject to USER’s compliance with the terms of this License Agreement and provided that BAC has not previously terminated a Product Selection Software License Agreement with USER.

This license authorizes the USER to:

Load the Software onto multiple computers within the USER’s organization;
Network the Software for multiple user access within the USER’s organization;
Use the Software to select and optimize BAC products;
Print and distribute output from this Software;
Merge any specifications and data developed through the use of this Software with the USER’s own project specifications or other related project documents as appropriate for the intended use of the Software;
Copy the Software for backup or archival purposes.

This license does not authorize the USER to:

Distribute the Software outside the USER’s own organization in any way, in whole or in part, without BAC’s prior written approval;
Allow third parties outside the USER’s own organization to access copies of the Software under the USER’s control;
Modify, reverse engineer, decompile or disassemble the Software;
Sell, sublicense, rent, lease, or assign the Software.

All copies of the Software and any supplementations to or modifications thereof remain the property of BAC and shall be destroyed upon termination of this Agreement. USER shall comply with all applicable export administration control regulations of the U.S. Government.

INFORMATION INCLUDED IN THIS SOFTWARE AND THE ACCOMPANYING FILES IS BELIEVED TO BE ACCURATE AS OF THE DATE ISSUED. HOWEVER, BAC RESERVES THE RIGHT TO CHANGE SPECIFICATIONS, MODEL AVAILABILITY, EQUIPMENT AND OTHER DETAILS WITHOUT NOTICE OR LIABILITY. CONFIRM PRODUCT INFORMATION WITH A LOCAL BAC SALES REPRESENTATIVE BEFORE SPECIFYING, PURCHASING, OR APPLYING BAC EQUIPMENT. BAC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND ASSUMES NO LIABILITY FOR THE USE OR CONTENTS OF THIS SOFTWARE, FOR ANY CLAIMS THAT THE SOFTWARE INFRINGES ANY THIRD PARTY’S RIGHTS, OR FOR THE FITNESS OF ANY PRODUCTS SELECTED FOR A PARTICULAR APPLICATION. USER SHALL INDEMNIFY AND HOLD BAC HARMLESS FROM ANY SUCH CLAIMS FOR LIABILITY.

BAC SHALL IN NO EVENT BE LIABLE TO USER OR ANY OTHER PARTY FOR LOSS OF PROFIT, INDIRECT, DIRECT, SPECIAL OR CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE BY OR ON BEHALF OF USER, REGARDLESS OF THE NATURE OF ANY SUCH CLAIM AND EVEN IF BAC HAS BEEN MADE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM.

USER may terminate this License Agreement at any time, by destroying all copies of the Software in USER’s control. BAC may terminate this Agreement upon written notice effective immediately if USER fails to comply with any of the terms of this Agreement.