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End User License Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY PRESSING 'I AGREE' AT THE BOTTOM OF THIS PAGE, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, PRESS THE "I DISAGREE" BUTTON BELOW. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT.

Get-Cool Application License - [Portable Evaluation] [Portable] [Professional] [Enterprise] Versions – Roltay Incorporated, Energy Services.

Your Agreement to this License:

By using the Get-Cool Application, you agree to all of the terms of this agreement ('License').

Please read the license terms below. If you do not agree to all of the terms of this License, then do not use the Get-Cool Application.

OWNERSHIP:
 
This is not free software. 
The Software and documentation are licensed, not sold, to you for use only under the terms of this License, and Roltay Inc., Energy Services reserves all rights not expressly granted to you in this License.

You acknowledge and agree that: 
- the Product is protected under U.S. copyright and international laws.
- Roltay Inc., Energy Services and its licensors retain all copyrights and other intellectual property rights in the Product.
- there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Roltay Inc., Energy Services.
- you acquire no ownership or other interest (other than your license rights) in or to the Product
- Roltay Inc., Energy Services owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Roltay Inc., Energy Services’ ownership of the Product, nor will you challenge the validity of Roltay Inc., Energy Services’ rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to Roltay Inc., Energy Services.

Grant and scope of License:

PORTABLE EVALUATION VERSION: Subject to the terms below, you are hereby licensed by Roltay Inc., Energy Services to use one copy of the Get-Cool Application on one (1) portable (hand-held) computer or workstation, for evaluation purposes without charge.  If you use this software for commercial purpose, a registration fee is required. See the Get-Cool Application web site at http://www.Get-Cool.info for information about online ordering and quantity discounts.

Unregistered use of the Get-Cool Application Evaluation version for commercial purpose is in violation of U.S. and international copyright laws.

[PORTABLE] [PROFESSIONAL] [ENTERPRISE] VERSIONS: Subject to the terms and conditions of this License, Roltay Inc., Energy Services grants to you, if you are an individual, or, if you are an entity, one (1) designated entity (person or Company) in your organization ('Named User') a professional, nonexclusive, nontransferable and limited license to use the Product. You may install the Product on one machine per license, provided that the machine is owned and operated by the Named User.

Each Named User may use one copy of the licensed software for use on a personally or Company owned computer, but not both. Named User’s who have more than one portable (hand-held) computer may install the software on up to two portable (hand-held) computers as a back-up (per license), provided they are not used simultaneously in the field or office, or personally. The Named User has the right to software upgrades as long as they are the entity which has bought the product license. In cases where the license is owned by a Company entity; use of the software by unlicensed individuals must be discontinued when the individual user leaves the company.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Roltay Inc., Energy Services reserves the right to revoke the above distribution rights at any time, for any or no reason.

You may not alter or modify the Get-Cool Application, nor give anyone permission to do so.

All rights of any kind in the Get-Cool Application which are not expressly granted in this License are entirely and exclusively reserved to and by Roltay Inc., Energy Services.  You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Roltay Inc., Energy Services. You may not make access to Get-Cool Application available to others in connection with a service bureau, application service provider, or similar business.

Warranty Disclaimers and Liability Limitations:

The Get-Cool Application, and any and all accompanying software, related documentation, files, data and materials, are distributed and provided 'AS IS' and with no warranties of any kind, whether express or implied. You acknowledge that good testing procedures, data processing and analysis dictates that any program, including the Get-Cool Application, must be thoroughly tested with non-critical data before you rely on it, and you hereby assume the entire risk of using the program.  This disclaimer of warranty constitutes an essential part of this License.

Without limiting the generality of the foregoing, Roltay Inc., Energy Services makes no warranty or representation that the functions contained in the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, that defects in the software will be corrected, nor with respect to the correctness, accuracy, or reliability of the software and related documentation.

Roltay Inc., Energy Services disclaims any and all express or implied warranties of any kind, and you expressly assume all liabilities and risks, for anyone's use or operation of any mechanical systems tested or analyzed with the Get-Cool Application.

Any liability of the Get-Cool Application will be limited exclusively to refund of purchase price, if any.  In addition, in no event shall Roltay Inc., Energy Services, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Roltay Inc., Energy Services, or to your relationship with Roltay Inc., Energy Services.

In addition, in no event does Roltay Inc., Energy Services authorize you to use the Get-Cool Application in applications or systems where the Get-Cool Application’s failure to perform can reasonably be expected to result in a mechanical failure, physical (real and personal) property damage, physical injury, or in loss of life.  Any such use by you is entirely at your own risk, and you agree to hold Roltay Inc., Energy Services harmless from any and all claims or losses relating to such unauthorized use.

The Software and documentation are licensed, not sold, to you for use only under the terms of this License, and Roltay Inc., Energy Services reserves all rights not expressly granted to you in this License.

Refund:

Because of the intangible nature of downloadable software, we do not give refunds for software purchases. We encourage customers to review our technical literature and to try our free evaluation software and demo applications (downloadable from our website) prior to purchase, in order to make an informed and confident buying decision.

Termination:

This License is effective until terminated. You may terminate this License at any time by destroying all copies of the Software and related documentation in your possession or control. This License will terminate immediately without notice from Roltay Inc., Energy Services if you fail to comply with any provision of this License. Upon termination you must destroy all copies of the Software and related documentation in your possession or control.

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

Complete Agreement:

This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by an authorized officer of Roltay Inc., Energy Services.

This License shall be governed by the laws of United States of America.  Exclusive jurisdiction and venue for all matters relating to this License shall be in courts located in the United States of America, and you consent to such jurisdiction and venue.  There are no third party beneficiaries of any promises, obligations or representations made by Roltay Inc., Energy Services herein.  Any waiver by Roltay Inc., Energy Services of any violation of this License by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this License.


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