Use of GASKETED PLATE HEAT EXCHANGER DESIGN [PHex] (This Software) is contingent on your agreement to the following terms:

Engineer it for me Ltd trading as Webbusterz Engineering Software, a company incorporated in England and Wales (registration number 12432768) of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (Webbusterz Engineering Software) or its licensors, own the intellectual property rights in the Software and Documentation (as defined below). It is unlawful to load, install or copy this Software into a computer, or use the Documentation, without accepting this licence. Webbusterz Engineering Software is willing to licence this Product to you only on condition that you accept all the terms and conditions contained in this licence agreement. Licence Acceptance Procedure By clicking on the "I accept" button and/or by downloading, installing and/or using the Product, you indicate acceptance of this licence and the limited warranty and limitation of liability set out in this licence. You are
(i) representing that you are not a minor and have full legal capacity and have the authority to bind yourself and if applicable, your employer, to the terms of this Agreement; and
(ii) consenting on behalf of yourself and/or as an authorised representative of your employer. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in this licence. You should therefore read this licence carefully before clicking on the "I accept" button.

Licence Rejection Procedure
If you do not accept these terms and conditions, you cannot install or use the Product. You should destroy any unlicensed copies of the Product which might be in your possession and/or control.

Definitions, Software Permissions and Restrictions
“Computer” means an electronic programmable device for the storage and processing of information;
“Documentation” means the relevant User Manual and User Guide or Help file for the Software;
“Order Document” means the order documentation and provisioning record, which may include a Licensee purchase order, in a format acceptable to Webbusterz Engineering Software or its Suppliers (as defined below), under which the Software was ordered;
“Software” means the relevant version of the Webbusterz Engineering Software program indicated in this installation for which You have paid the license fees or which You are evaluating in accordance with Section 13 below;
“Suppliers” means Webbusterz Engineering Software's authorised reseller, distributor or agent as relevant;
“You" or "Your” means the entity licensing the Software as set out in the Order Document; “Use” means the installation of the Software in conformity with this Agreement and the relevant Documentation. This Agreement is between You (either an individual or single entity) ("Licensee") and Webbusterz Engineering Software, and applies to the object code copy of the Software (which may contain client, server and toolkit components) and any update thereof, unless such Software or update is expressly governed by a separate software licence agreement signed by You and Webbusterz Engineering Software.

1. Licence
Subject to the terms of this Agreement and payment of all fees, if relevant, Webbusterz Engineering Software grants Licensee a non-sub-licensable, non-transferable, non-exclusive, right to install, load, utilise, store and display the Software in accordance with the Documentation for such Software and as set out in a relevant Order Document, and solely for internal business purposes at the designated location. Licensee may only make one copy of the Product for back up purposes only. Each person that uses or accesses the Software shall be deemed a "User". Licensee may, with the prior written consent of Webbusterz Engineering Software, install and use one further copy only of the Software on the agreed number of Computer Devices in a designated test environment at the designated location, solely for testing or evaluation purposes.

2. Licence Restrictions
Licensee will not, and will not instruct or allow any third party to:
(i) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable statutory laws prohibit certain reverse engineering restrictions);
(ii) distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, service provider or other computer services to third parties or otherwise make the functionality of the Software available to third parties;
(iii) remove or in any manner alter any product identification, proprietary, trademark (of Webbusterz Engineering Software or its Suppliers), copyright or other notices contained in the Software;
(iv) modify any part of the Software, create a derivative work of any part of the Software or incorporate the Software into other software, except to the extent expressly authorised in this Agreement or by Webbusterz Engineering Software in writing;
(v) publicly disseminate performance information or analysis (including, without limitation, benchmarks and performance tests) from any source relating to the Software;
(vi) use or copy the Software, in whole or in part, except as expressly allowed under the Licence Section.

3. Proprietary Rights
As between the parties, Webbusterz Engineering Software and/or its licensors, retain all right, title and interest, including but not limited to all rights of copyright, trademark, trade secret, patent, or other intellectual property right, in the Product and copies thereof. Licensee agrees not to remove, destroy or alter any proprietary notices contained in or on the Product, and to reproduce such notices exactly in or on each copy of the Product generated, including any copyright, trademark or patent notices.

This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

4. Fees and Payment
Licensee shall pay Webbusterz Engineering Software or its Suppliers the licence fee as set forth in Webbusterz Engineering Software's or its Suppliers price list or as otherwise agreed to by the parties for the number of licensed Users licensed. All payments made to Webbusterz Engineering Software or its Suppliers shall be made in accordance with the relevant Order Document.
5. Term/Termination
This Agreement shall be in effect until terminated in accordance with this Section. This Agreement and all licenses may be terminated by Webbusterz Engineering Software:
i) immediately upon serving written notice to Licensee for a breach of Section 1, 2 or 3 of this licence; and/or
ii) in the event of a material or persistent breach by Licensee, where such breach is capable of being cured, remains uncured for fourteen (14) days from the date of notice of such breach. On payment of all fees,
iii) this licence will terminate on the expiry of the relevant term set out in the Order Document.

6. Limited Warranty, Exclusion and Disclaimer
Webbusterz Engineering Software warrants to Licensee that for a period of fourteen (14) days from delivery (by download or otherwise) of the Software (the “Warranty Period”) the Software will operate substantially in accordance with the Documentation. Webbusterz Engineering Software does not warrant that the functions of the Software will meet Licensee requirements or that operation of the Software will be uninterrupted or error free. Licensee must inform Webbusterz Engineering Software in writing during the Warranty Period if the Software does not operate as warranted and provide to Webbusterz Engineering Software such information and materials as Webbusterz Engineering Software may reasonably request to document and reproduce such problem and to verify whether any proposed solution corrects such problem. Following the receipt of such information and materials, if Webbusterz Engineering Software determines, in its sole discretion, that the Software does not operate as warranted, then Webbusterz Engineering Software will at its election, either:
(a) modify the Software so that it operates as warranted;
(b) replace the Software with other software offering substantially similar functionality; or,
(c) if neither (a) nor (b) is commercially feasible, refund the licence fee paid to Webbusterz Engineering Software or its Suppliers and any applicable maintenance fees for the Software. Exclusion: Webbusterz Engineering Software shall have no responsibility, warranty or other obligations whatsoever if Licensee (or any third party acting on their behalf) uses the Software:
(a) in a manner inconsistent with the Documentation or this Agreement; or
(b) modifies the Software; or
(c) cause a failure of the Software through accident, abuse or misapplication.

NO OTHER WARRANTIES: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES PROVIDED IN THE LIMITED WARRANTY SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION GENERATED, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

The software is designed for use by trained professional personnel and is not a substitute for sound professional judgment. It is the sole responsibility of the user to validate the data presented by this software and to determine whether the results are accurate and suitable for any specific purpose. No guarantee of accuracy or fitness for any purpose is expressed or implied. WeBBusterZ strongly recommends that the data be checked against other sources and/or methods before use and application.

7. Limitation of Liability
Neither Licensee nor Webbusterz Engineering Software (nor any of Webbusterz Engineering Software's licensors, or Suppliers) shall be liable for any loss of use, lost data, failure of security mechanisms, interruption of business or any indirect, special, incidental or consequential damages of any kind (including damages and lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. This Section shall not apply to Licensee with respect to any claims arising under Section 2 (Restrictions), Section 3 (Proprietary Rights). Notwithstanding any other provision of this Agreement, Licensee's or Webbusterz Engineering Software's (and its licensors, or Suppliers) entire liability to the other in connection with or relating to this Agreement, whether in contract, tort or otherwise, shall not exceed the amounts actually paid or payable by Licensee to Webbusterz Engineering Software under this Agreement. This Section shall not apply to Licensee with respect to any claims arising under Section 2 (Restrictions), Section 3 (Proprietary Rights). Neither party excludes or limits liability to the other party for death or personal injury caused by its negligence. The parties agree that the limitations specified in this Section 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The parties acknowledge and agree that Webbusterz Engineering Software (such term as used herein to include Webbusterz Engineering Software's Suppliers) has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between Licensee and Webbusterz Engineering Software or its Suppliers and form a basis of the bargain between the parties.

8. Maintenance
Webbusterz Engineering Software are not obligated to provide maintenance or updates for the Software. However, any maintenance or updates provided shall be covered by this Agreement.

9. Evaluation of Products
If the Software is being installed for evaluation purposes (“Evaluation Product or Demo Version”), the Software may be installed for a period not exceeding that agreed by Webbusterz Engineering Software or its Suppliers and will terminate on the date specified by Webbusterz Engineering Software or its Suppliers unless terminated earlier in accordance with provisions of this Agreement (the “Evaluation Period” or ”Trial Period”).
Licensee acknowledges and agrees that the Evaluation Product is provided for evaluation “AS-IS” and Webbusterz Engineering Software, its licensors and suppliers make no representations or warranties of any kind, express or implied, with respect to the Evaluation Product, including, without limitation, any implied warranties of merchantability, quality, title, fitness for a particular purpose, informational content, system integration, enjoyment, non-infringement or any other warranties arising out of course of dealing, usage or trade and Webbusterz Engineering Software accept no liability with respect to any use of the Evaluation Product.

10. Distribution
The Evaluation Product or Demo version of this Software may be freely distributed provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. Should a fee be charged or any of the distribution package need to be modified you must contact Webbusterz Engineering Software for explicit written permission.</EULA>