End User License Agreement
Notice to user: By clicking on the Submit Registration button at the bottom of this page you are indicating that you agree to all the terms and conditions of this agreement. Clicking on the link will being the software download.
Bell & Gossett
A unit of Xylem Inc.
A corporation of Indiana
8200 N. Austin Avenue
Morton Grove, Illinois 60053
Licensor grants to Licensee a personal, limited, non-exclusive, non-transferable license to use, only for the purposes indicated herein, the enclosed software program and its related documentation
(hereinafter the Program) on any computer at the single Designated Site subject to the terms, conditions and restrictions set forth in this license. You may:
A. Use the Program to generate drawings and data to be used only on or in connection with Licensee’s drawings and data.
B. Copy the Program only into any machine-readable or printed form solely for making your own working copy or for back-up purposes (hereinafter “Back-up copy”) provided that any such copy bears the same proprietary legends as the original Program licensed hereunder.
C. Use the Program and any back-up copy only on or in connection with any computer at the single designated site.
D. Operate the Program on a network provided all users are at the single designated site.
YOU HAVE NO OTHER RIGHTS WITH RESPECT TO THE PROGRAM EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
All Licensee documents which include Program generated drawings or data shall have a notice: “Protected under copyright laws. All rights reserved.”
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR ANY PORTION THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. YOU MAY NOT REVERSE ASSEMBLE OR REVERSE COMPILE THE PROGRAM.
3. COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
Title to the Program, and all rights incident thereto remain with Licensor or a third party from whom Licensor obtained its rights. The Program is an unpublished copyrighted work and is a trade secret. Other than as expressly authorized
herein, you may not make any other use of or copies of the Program. Any change of the location of the Program, or any back-up copy shall be reported to Licensor.
4. LIMITED WARRANTY
IF INSTALLED AND OPERATED AS REQUIRED THE PROGRAM SHOULD PERFORM AS DESCRIBED IN THE DOCUMENTATION ENCLOSED HEREWITH. IN ALL OTHER ASPECTS THE PROGRAM IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. YOU ARE NOT GRANTED ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU EXCEPT AS SET FORTH IN PARAGRAPH 5 BELOW. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT LICENSOR OR ANY AUTHORIZED LICENSOR DEALER) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY OR INCIDENTAL RESULTS PRODUCED, AS WELL AS ANY DAMAGES OF ANY KIND AND ANY SERVICING, REPAIR OR CORRECTION THAT MAY BE REQUIRED.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Licensor does not warrant that any of the functions contained in the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free. Licensor warrants only that the diskette
on which the software portion of the Program is furnished to be free from defects in material or workmanship for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt.
5. LIMITATION OF REMEDIES
Licensor’s entire liability and your exclusive remedy shall be limited as follows:
A. The replacement within thirty (30) days, for you (the original acquirer), of any diskette not meeting Licensor’s “Limited Warranty” which is returned to Licensor or any authorized dealer with a clearly legible copy of your receipt.
B. If Licensor or its authorized dealer is unable to arrange for delivery to you of a replacement diskette within the period specified in Paragraph 5A above, which is free from defects in material or workmanship, you may terminate this License by returning the Program and erasing or destroying all or any portion of all of the back-up copies you may have made and your money will be refunded.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITIES, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM, EVEN IS LICENSOR OR AN AUTHORIZED LICENSOR’S DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This License is effective until terminated. You may terminate it at any time by returning the termination card and destroying the Program, including all documentation, all back-up copies in any form, and each and every partial copy of any of same. This License shall also terminate with or without notice to you, automatically if you fail to comply with any term or condition set forth herein. You agree upon any termination to destroy the Program, including all documentation and back-up copies in any form.
The Program contains trade secrets and shall be treated as confidential information, the secret and proprietary nature of which shall be maintained and protected by you, taking all necessary steps which you take to protect your own software of similar type and value. You will not reveal the Program or back-up copies and/or related documentation to any third party without Licensor’s prior written consent.
Any violation of this License shall entitle Licensor to injunctive relief, damages and to the reimbursement for all expenses, including reasonable attorneys’ fees incurred in protecting its interests therein.
HAVING AN OPPORTUNITY TO REVIEW THIS LICENSE, YOU CERTIFY THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AND AGREE TO ITS TERMS. THIS LICENSE IS THE COMPLETE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ALL PRIOR STATEMENTS, REPRESENTATIONS, ADVERTISING OR OTHER PROPOSALS BY ANYONE, WHETHER ORAL OR WRITTEN, WITH REGARD TO THE SUBJECT MATTER HEREOF. THIS LICENSE WILL BE CONSTRUED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA AND THE UNITED STATES OF AMERICA, AS APPLICABLE.
I AGREE TO THE TERMS OF THE B&G END-USER LICENSE AGREEMENT FOR Windows (clicking here will begin the software download)