Learn HVAC Software License

THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE LICENSEE, AND THE institute for the sustainable performance of buildings (SU•PER•B) BY DOWNLOADING, ACCEPTING AND USING THE LEARN HVAC SOFTWARE FROM THIS SITE, YOU ACCEPT THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, DISCLAIMER OF WARRANTY, AND ACKNOWLEDGEMENT. LEARN HVAC USES SIMULATIONS GENERATED BY THE SPARK PROGRAM DEVELOPED AT LAWRENCE BERKELEY NATIONAL LABORATORY (“LBNL”). THE SPARK PROGRAM AND THE SPARK-BASED SIMULATION MODELS ARE OWNED BY LBNL AND EXCLUDED FROM THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD , INSTALL, OR USE THE SOFTWARE.

In order to preserve and protect its rights under applicable laws, SU•PER•B does not sell any rights in SU•PER•B software. Rather, SU•PER•B grants the right to use SU•PER•B software by means of a software license. SU•PER•B specifically retains title to all SU•PER•B computer software.

PERMITTED USES

SU•PER•B grants you a perpetual, nonexclusive, limited license to use the software in this package according to the terms set forth below. You may:

Operate the software on one computer at a time.
Make one backup copy of the software, which automatically becomes the property of SU•PER•B and is subject to this agreement.

You may use this software:

For self-directed learning.
As part of a course curriculum of a K-12 public school, K-12 private school, community college, college, or university.
As part of any educational seminar, workshop, forum, related activity including group learning activities for which participants are not charged a fee for entering, participating or using materials.

FEES

The Software may be used free of charge.

However, if any party, other than a K-12 public school, K-12 private school, community college, college, or university, proposes to receive revenue or other consideration in exchange for rights of any kind to the Software, in whole or in part or any derivative work thereof, a royalty based on the amount of consideration received will be due and payable to SU•PER•B. Such receiving party is required to contact SU•PER•B prior to such use in order to (1) obtain permission in writing for such use, and (2) ascertain the royalty rate and the payment procedures.

PROHIBITED USES

You may not:

Modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes.
Modify the software or merge it with another program, except for your personal use on a single computer. Any modified or merged portion of the software is subject to this agreement.
Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the software.
Translate or create derivative works based on the software,
Remove, obscure, or alter any notice of the patent, copyright, or other proprietary rights re rated to the software.
Sublicense, sell, lend, rent, or lease any portion of the software.
Copy any portion of the software, or any images or data that accompany the software, except to make a backup copy, as described above under Permitted Uses.
Operate the software on more than one computer at a time. If you plan to operate the software on a network, please contact SU•PER•B to request a multi-use license.
Transfer the software or any direct product of the software to any person or entity in violation of the United States Export Administration Act.

The software involves valuable proprietary rights of SU•PER•B and others. There is no transfer to you of any title to or ownership of the software or any patent, copyright, trade secret, trade name, trademark, or other proprietary rights related to the software, regardless of the form in which that original or other copies exist. You may not violate these rights, and you must take appropriate steps to protect SU•PER•B' rights. SU•PER•B may at any time replace modify, alter, improve, enhance, or change the software. Both the license and your right to use the software terminate automatically if you violate any part of this agreement. In the event ot termination, you must immediately destroy all copies of the software or return them to SU•PER•B.

DISCLAIMER OF WARRANTY

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED “AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY SU•PER•B ON THIS SU•PER•B PRODUCT. FURTHER, SU•PER•B DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT SU•PER•B OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SU•PER•B, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER SU•PER•B NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF SU•PER•B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing disclaimer of warranty and liability inures to the benefit of SU•PER•B licensors having an interest in the Package.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND DISCLAIMER OF WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENSE AND DISCLAIMER OF WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE ON THE DISCLAIMER OF WARRANTY.

GENERAL

SU•PER•B is not responsible for maintaining or helping you to use the software. This agreement constitutes the entire agreement and supersedes any prior agreement between SU•PER•B and you concerning the contents of this package. SU•PER•B is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless SU•PER•B specifically agrees to the provision in writing. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized SU•PER•B representative.