SC08_HVAC.pdf

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Featuring:
AutoMagic™, SmartParts™
and
Database Driven Relational Object Model™ (DDROM™)
HVAC
www.ShipConstructor.com
© Copyright 2009 ShipConstructor Software Inc. – February 19, 2009
ShipConstructor 2008 HVAC
Published 2009-02-19
Copyright
Copyright © 2009 ShipConstructor Software Inc.
Information in this ShipConstructor manual is the property of ShipConstructor Software Inc. No part of it can be reproduced, translated,
resold, rented, adapted, modified, stored in a retrieval system or transmitted in any form or by any means, in whole or in part. All Rights
Reserved.
Trademarks
ShipConstructor
AutoMagic
SmartParts
Database Driven Relational Object Model
DDROM
Are all registered trademarks of ShipConstructor Software Inc.
ShipConstructor Software Inc.
Suite 304
3960 Quadra Street
Victoria, BC
Canada V8X 4A3
Toll Free:
Phone:
Fax:
Information:
Support:
Sales:
Website:
1-888-210-7420
1-250-479-3638
1-250-479-0868
info@ShipConstructor.com
support@ShipConstructor.com
SSI@ShipConstructor.com
www.ShipConstructor.com
SHIPCONSTRUCTOR LICENSE AGREEMENT
1.
License Grant. ShipConstructor Software Inc., #304 – 3960 Quadra Street, Victoria, B.C. Canada, V8X 4A3 (“SSI”)
grants to the person accepting this Agreement (the “Licensee”) a non-exclusive, non-transferable right to use (the
“License”) in object code form those program modules, application programming interface (API), any other materials
provided by SSI under this Agreement, and all upgrades, revisions, fixes, updates or enhancements to any of the
foregoing (“Licensed Materials”) specified in the Licensee’s purchase order or request (“Order”) solely on the software
and hardware listed in the Licensed Materials manual (“System Configuration”).
Academic Institutions/Trial Versions.
A. In the event that the Licensee qualifies as an academic institution user in accordance with SSI’s
specifications (an “Academic Licensee”), the Academic Licensee and its faculty, employees and students may use
the Licensed Materials for the singular purpose of either teaching, training users or undertaking research
provided that the Licensed Materials, and all copies of the Licensed Materials, remain at all times at the
Academic Licensee’s premises and the Licensed Materials are used for no other purpose than that set forth
above. The above restrictions are in addition to the restrictions on use set out in Section 5 below.
B. In the event that the Licensee receives a trial version of the Licensed Materials for evaluation purposes, the
terms and conditions of this Agreement, excluding Sections 15-19, shall continue to apply subject to the following
provisions:
(a) the License pursuant to Section 1 above shall terminate at the end of the specified trial period;
(b) the Licensee shall return the Hardware Key to SSI immediately upon expiry of the specified trial period and in
any event within 28 days of the expiry of the specified trial period;
(c) in the event that the Licensee does not return the Hardware Key in accordance with Section 2B.(b) above,
SSI shall be entitled to invoice the Licensee for and the Licensee shall pay for the costs of the Hardware Key
plus all shipping and handling expenses and SSI administrative charges; and
(d) in the event that the Licensee elects to and does acquire a Software License, the terms and conditions of
this Agreement, excluding Section 2B herein, shall continue on and apply.
3.
Ownership. All rights, title and interests in and to the Licensed Materials and related documentation shall remain the
sole property of SSI. Licensee shall not remove or alter any proprietary rights notices on the Licensed Materials and
the documentation, and shall reproduce such notices on any copies that it makes. Licensee shall be liable for the
security of the Licensed Materials and the documentation in its possession.
Expertise Required. Licensee is responsible for evaluating whether the Licensed Materials meets Licensee’s
requirements, and for operating the Licensed Materials and the results obtained. The Licensed Materials are intended
for ship modeling and construction purposes only, and must be used by a person who has expertise and knowledge in
this field. The Licensed Materials requires independent confirmation of the reliability and accuracy of all designs,
drawings and other Licensed Materials output.
Limitations on Use.
Licensee will:
a)
make no more copies of the Licensed Materials than are necessary for the Licensee’s
installation of the Licensed Materials and to create back up copies for archival or emergency
restart purposes;
maintain a log of the number of and location of all originals and copies of the Licensed
Materials;
include SSI’s copyright, trademark and proprietary notices on any complete or partial copies of
the Licensed Materials in the same form and location as the notice on any original work;
not attempt to defeat any copy protection;
not modify any documentation, including any user manuals;
2.
4.
5.
b)
c)
d)
e)
f)
g)
not modify, translate, reverse engineer, decompile or disassemble the Licensed Materials;
not sublicense, transfer, assign, sell, loan, rent or lease the Licensed Materials other than as
permitted in this Agreement;
use the Licensed Materials for its own internal use only;
not permit any third party to use the Licensed Materials; and
thoroughly test any and all custom interfaces in accordance with general engineering
principles.
h)
i)
j)
6.
Delivery and Installation. All Licensed Materials will be sent to the Licensee’s designated email address or shipping
address as specified in the Purchase Order. Licensee agrees to be responsible for installation of the Licensed
Materials.
Term of License. The License term commences on the delivery of the Licensed Materials to the Licensee, and, subject
to Section 2B above, is either perpetual if so requested on the Order, or on a month to month basis that converts to a
perpetual term (a) automatically after 12 months of payment of License fees, or (b) earlier on Licensee’s payment of
the balance of the perpetual License fee (prior monthly payments receiving 80% credit). All Licenses are subject to
termination in accordance with this Agreement.
System Configuration. Operation of the Licensed Materials requires use of the specified System Configuration, which
Licensee shall acquire and implement. SSI shall not be responsible for any operational problems caused by the
System Configuration.
Hardware Keys. Licensed Materials use requires “Hardware Keys” supplied by SSI, which can be used only at the
site(s) authorized by SSI. Upon failure of its System Configuration, Licensee may upon advising SSI use the Hardware
Keys and Licensed Materials on another system and/or location.
7.
8.
9.
10. License Fees. Licensee shall pay to SSI the License fees applicable for the Licensed Materials requested in the Order
as either a perpetual License, or a month to month License.
11. Services. Support services after the Warranty period (Section 15), as well as all installation, consulting, training and
implementation services, are at an additional charge and are only provided if requested in the Order.
12. Taxes. All amounts payable by Licensee to SSI are exclusive of all taxes such as sales, use, value added, custom
duties, excise taxes and other similar government charges, all of which will be paid by Licensee. If Licensee is required
by law to withhold any taxes, then Licensee shall pay SSI a gross amount of money such that the net amount received
by SSI after deducting or withholding the required taxes is equal to the amount of the fee originally charged by SSI.
13. Interest Charges. If any amount payable under this Agreement is not paid within 30 days of becoming due, SSI shall
have the right to impose a charge of 2% per month (24% annually) on the unpaid balance of the amount, from the due
date until the date of receipt of all amounts in arrears including interest.
14. Purchase Orders. Any Order from Licensee shall be deemed to incorporate this Agreement by reference. Any terms
and conditions on the Order shall not apply except for information which was requested by SSI. All future Orders for
additions to the original Order shall be subject to the terms of this Agreement.
15. Limited Warranty. SSI warrants that during a period of 90 days from the date of delivery of the Licensed Materials to
Licensee, the Licensed Materials will perform substantially in accordance with the Licensed Materials documentation
specifications, when used in accordance with this Agreement on a properly operating System Configuration. SSI’s sole
obligation under this Warranty, and Licensee’s exclusive remedy, are the “Maintenance Services” provisions (Section
18).
16. WARRANTY EXCLUSIONS. THE LIMITED WARRANTY CONTAINED IN SECTION 15 IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. ALL OTHER CONDITIONS, WARRANTIES, AND REPRESENTATIONS, EITHER EXPRESS OR
IMPLIED, ARE EXCLUDED, INCLUDING BUT NOT LIMITED TO CONDITIONS, REPRESENTATIONS AND WARRANTIES
RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE

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