THIS LICENSE AGREEMENT GRANTS
YOU LIMITED RIGHTS TO USE THE CARRIER ELECTRONIC TEMPLATES.
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR USING
THE CARRIER ELECTRONIC TEMPLATES, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, PLEASE DELETE THE ELECTRONIC TEMPLATES AND DOCUMENTATION
FROM YOUR SYSTEM.
I. LICENSE: Carrier grants YOU a limited license to:
a) use the Carrier Electronic Templates on as many personal computers or workstations within your place of business as you wish;
b) load, copy or transmit the Carrier Electronic Templates as necessary for execution on a personal computer or workstation; and
c) make archival copies as
provided by U.S. Copyright Law.
II. LICENSE RESTRICTIONS:
This License transfers no title to any Carrier Electronic
Templates licensed to YOU. You may only use the Carrier Electronic
Templates for the specific purpose of selecting, quoting and specifying
Carrier HVAC equipment. YOU may not modify, adapt, translate,
or make derivative works based on the Carrier Electronic Templates.
III. LIMITED WARRANTY:
3.1 CARRIER WARRANTY: CARRIER warrants the media upon which the Carrier Electronic Templates are recorded to be free of defects in workmanship and material for 90 days from delivery.
3.2 DISCLAIMER OF WARRANTIES: Except for the above warranty, the Carrier Electronic Templates are licensed "AS IS" without warranty of any kind, express or implied. CARRIER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of warranties, so the above limitation may not apply to YOU.
3.3 EXCLUSIVE REMEDIES: Carrier
will replace any defective Carrier supplied media reported to
it during the warranty period. At its option, Carrier may refund
YOUR purchase price.
3.4 THIRD PARTY WARRANTY:
Carrier does not warrant Third Party software, which Carrier
distributes strictly "As Is".
IV. LIMITATION OF LIABILITY:
CARRIER'S LIABILITY TO YOU FOR ANY CLAIM IS LIMITED TO YOUR PURCHASE
PRICE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF CLAIM,
WHETHER CONTRACT OR TORT. THIS LIMITATION DOES NOT APPLY TO PERSONAL
INJURY CAUSED BY CARRIER'S NEGLIGENCE. UNDER NO CIRCUMSTANCES
WILL CARRIER BE LIABLE TO YOU FOR LOSS OF DATA OR USE, LOST PROFITS
OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not
allow the exclusion or limitation of liability for damages, so
the above limitation may not apply to YOU.
V. EXPORT: Carrier Electronic
Templates MAY NOT BE SHIPPED, TRANSFERRED OR REEXPORTED, directly
or indirectly, to any country prohibited by the U.S. export control
laws and regulations.
VI. GENERAL: Carrier Electronic
Templates are provided to U.S. Government users with "RESTRICTED
RIGHTS" under subparagraph (c) (1) (ii) of DFARS 51.117-7013.
This License is governed by
the laws of the STATE OF NEW YORK. YOU ALSO AGREE THAT THESE
TERMS AND CONDITIONS CONSTITUTE THE EXCLUSIVE AND ENTIRE AGREEMENT
WITH RESPECT TO THE LICENSE OF THE CARRIER ELECTRONIC TEMPLATES.