Legal

MESTEK SOFTWARE LICENSE

1. GRANT OF LICENSE. Mestek grants to you the right to use the "Specifier" Software programs (the "Software") on a single CPU. By utilizing the Software, you agree to be bound by the terms contained herein. The License is fully paid, non-exclusive and non- transferable. The License is valid until revoked by Mestek for a breach of the terms and conditions contained herein.

2. COPYRIGHT. The Software is owned by Mestek and is protected by United States copyright laws and international treaties. You may not make copies of the Software or the Software manuals, except that you may make one copy of the Software for back-up or archival purposes. Any copies that you make of the Software must contain the proprietary notices contained therein. Additional copies of the master disks containing the Software may be obtained from Mestek by calling (413) 568-9571, Monday through Friday, 8 a.m. to 5 p.m. eastern time.

3. USE. The License is provided to you only for use in selecting appropriate HVAC equipment manufactured by Mestek. Any and all other uses of the Software are NOT granted in this License, and such other uses are prohibited.

4. TRANSFER. You May not assign, convey, rent, give, sublicense or transfer in any way the Software. Any attempted transfer by you will invalidate this License.

5. LIMITED WARRANTY. Mestek warrants that the Software will substantially perform in accordance with the Software manuals for ninety days from the date of receipt. As an exclusive remedy for breach of the above warranty, Mestek will replace the Software at its own cost. Any modification made by you to the Software shall void the limited warranty provided herein.

6. OTHER WARRANTIES. MESTEK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. LIMITATION OF LIABILITY. Mestek shall not be liable for any damages whatsoever arising from the use or non-use of the Software, including without limitation, any special, consequential, incidental or punitive damages.

8. CONFIDENTIAL INFORMATION. The Software contains information that is of a confidential nature and proprietary to Mestek. You may not reverse engineer, decompile or disassemble the Software, nor may you use the Software except as provided in this License.

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