Thermax, Inc. (also referred to as "we", "us" or "Thermax") has created Therma-Calc (herein referred to as "the Program") for the authorized use by selected clients only as determined by Thermax only.

NO WARRANTY. The Program offered by us is provided on an "as is" and "as available" basis without warranties of any kind, express, implied or statutory, including but not limited to, the implied warranties of title and fitness for a particular purpose. Computer programs are inherently complex, and the Program may not be free of errors. We do not warrant that the Program will be uninterrupted, timely, reliable, secure or error-free and expressly disclaim any warranties as to the materials contained therein, or the goods or services offered by us. If this disclaimer is not allowed, Thermax's liability shall be limited to a refund of no more than the purchase price, if applicable. No oral or written information or advice given by Thermax, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.

LIMITED LIABILITY. In no event will we be liable to you for any damages beyond refunding the purchase price, if applicable. Neither Thermax, its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, nor anyone else who has been involved in the creation, production or delivery of any materials provided by Thermax, including but not limited to this software, shall be liable for any indirect, consequential, incidental or punitive 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 materials, even if Thermax has been advised of the possibility of such damages.

RESTRICTIONS. You may not use the Program in applications or systems where the Program's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life. You may not translate, reverse engineer, decompile, modify, disassemble, or create derivative works derived from the Program. You may not install, use, distribute or copy the Program (or its serial number) except as expressly permitted by Thermax in writing.

INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use the Program as expressly stated in this license and that Thermax retains title to the Program and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Program. The Program is protected by United States copyright, and trademark laws and international treaty provision.

TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you agree to (a) destroy any and all of your copies of the Program immediately and (b) confirm in writing to Thermax that no copies remain in your possession. The Limitations of Warranties and Liability set out above shall continue in force even after any termination. Thermax reserves the right to contact the licensee and restrict the usage of the Program if any authorized Thermax representative feels that any of the above requirements are not being met.

ENTIRE AGREEMENT. This License is the entire agreement between you and Thermax, and there are no other agreements, express or implied.

CHOICE OF LAW. This License shall be governed by the laws of the Commonwealth of Massachusetts as if between residents of said state.

SEVERABILITY. If any provision of this License is held to be invalid, illegal, or unenforceable, it will be construed to have the broadest interpretation that would make it valid and enforceable. Invalidity of one provision will not affect the other provisions.

ACKNOWLEDGEMENT. Use of the Program affirms that you have read and understood this agreement, and agree to be bound by its contents. Users agree to provide Thermax with their full contact details prior to receiving and or using the Program. In the event that user contact details change, users agree to send updated information to Thermax.