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A.W. CHESTERTON COMPANY
CHESTERTON TECHNOLOGY SALES TOOLS
END USER AGREEMENT
Your access to and authorized use of the A. W. Chesterton Company Sales Tools and Software is conditioned upon your acceptance of the following terms and conditions. YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND ACCEPT THESE TERMS AND CONDITIONS WHERE INDICATED BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE PERMITTED TO ACCESS TECHNOLOGY SALES TOOLS AND/OR USE THE TOOLS.
  1. Chesterton offers a suite of software modules designed to support the tracking and documenting of CHESTERTON® product performance and associated reliability improvements in plant equipment, root cause equipment failure analysis and product usage.

  2. You acknowledge and agree that you are responsible to verify that any product that is recommended by any Chesterton software tool is appropriate for its specific intended application. You should consult with Chesterton Application Engineering to assure that such application analysis as is yielded through the use of Chesterton software tools is consistent with and validated by Chesterton Engineering guidelines and such other guidelines as may be applicable under the circumstances.

  3. Since software tools are made available by A. W. Chesterton Company (“Chesterton”) without charge, Chesterton reserves the right, in its sole discretion, to request that you discontinue the use of these tools, or any portion of a tool, and either delete from your system or installation, and/or destroy or return to Chesterton, as may appear appropriate under the circumstances, the software and any copies of the software, if any in your possession, custody or control, and confirm in writing to Chesterton that you have done so.

  4. Any request by Chesterton for the removal of any software from any installation and/or any request for the return or confirmed destruction of such software shall not give rise to any obligation whatsoever on the part of Chesterton to provide any support or replacement support for any data that has been input into any installation or database through or in association with the software. Chesterton shall not be responsible for the continued maintenance of any database through a software tool or otherwise and Chesterton shall have no liability arising from any discontinuance, modification, return or termination of use of the software.

  5. You may not (and you may not permit anyone else, on your behalf or otherwise, to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of, the software, or any part thereof, unless this is required by law or unless you have been given permission, in writing, by Chesterton

  6. You may not assign (or grant a sub-license of) your right to access and use the software, nor may you assign a security interest in or over your right to access and use this software. You may not transfer your possession, custody or control of the software or method of access to the software to any other person or entity without the express written consent of Chesterton.

  7. The software may prompt or cause your installation to download and install updates from time to time and also to prompt renewals of your right to access the software under the terms of this License Agreement. The updates may take the form of enhancements and/or further developments of the software, bug fixes, new modules, or completely new versions. The renewals would largely be designed as security measures. You consent and agree to receive and permit the installation of such updates and to process such renewals as appropriate to reflect your ongoing access to and use of the software and you expressly acknowledge that the terms of this License Agreement shall apply to any such updates and renewals and that the terms of this License Agreement may also be amended from time to time in the sole discretion of Chesterton.

  8. You may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included in or embedded in any part of the software.

  9. CHESTERTON MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHESTERTON HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED INCLUDING (WITHOUT INTENDING THEREBY ANY LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY UNDERSTOOD AND ACKNOWLEDGED THAT CHESTERTON DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALL THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  10. IN NO EVENT SHALL CHESTERTON BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA OR FOR ANY DAMAGES, SPECIAL DAMAGES OR CONSEQUENTIAL DAMAGES WHICH MAY OR MAY BE CLAIMED TO ARISE FROM THE USE OF THE SOFTWARE INCLUDING (WITHOUT INTENDING THEREBY ANY LIMITATION) ANY LOSS OF BUSINESS, LOSS OF PROFIT OR COST OF COVER.