End User License Agreement (EULA) rev. Mar 7, 2024

EES and the EES/REFPROP interface together with its accompanying documentation are the property of F-Chart Software, LLC ("F-Chart"). There are two main categories of licenses: Academic and non-Academic. Non-Academic licenses may be purchased for a single user or for multiple users. During the installation process, you must accept the license agreement by clicking the I Agree button when the setup program is run. You will not be able to install the EES without accepting the license agreement.

FOR INDIVIDUALS USING AN ACADEMIC LICENSE

If you obtained access to EES from a department within an educational degree-granting institution in which you are a student or instructor, you may only use the program for educational or training purposes that are required by your institution to obtain a degree. You may not use EES for a commercial, business or non-educational purpose of any kind. You may not provide access to or copies of the program to any other person. Use of the Academic license requires a connection to the internet with a registered IP address that maps to your institution.

FOR ADMINISTRATORS OF AN ACADEMIC LICENSE

The terms in this section are applicable to you if you are the registered administrator, faculty member or IT support person. An Academic license is provided directly from F-Chart Software for use by one academic department on one campus in a degree-granting institution. Subject to the terms and conditions of this agreement, F-Chart Software grants to you a nonexclusive, nontransferable and limited license to install EES on machines owned by the institution that are accessible to students and faculty in the adopting department. Access to persons outside of the adopting department must be restricted. EES may also be installed on personal computers owned by members of the adopting department.

If two departments within a college or equivalent (for example Mechanical Engineering and Chemical Engineering) both obtain the same type (Academic Commercial or Professional) license, then F-Chart Software will allow use of EES by the whole College of Engineering or equivalent for one campus. An Academic license is for instructional use only. A separate non-academic license is required if the product is used for sponsored research that is not a part of a student's graduation requirement.

The Academic version of EES will not expire. However, access to our website to download the current EES setup program and technical support of any nature will be only be available with a subscription to Academic Update Service (AUS).

Use of EES requires a connection to the internet with a registered IP address that maps to the university. The IP address range appropriate to the adopting department are registered when the software is purchased and they can be changed if a subscription to Academic Update Service is in effect. An option that allows use of EES off campus is a virtualization program such as the XENAPP and AppsAnywhere applications. These applications also allow use with Macintosh, Unix, or other non-Windows operating systems. EES may also be used with a VPN or Remote Login connection provided that the resultant IP address maps to the university.

F-Chart Software places no restriction on the number of seats or users provided that all users are affiliated with the adopting department and using the program only for academic purposes. Failure to meet the requirements of this license agreement may result in suspension or cancellation of the license.

FOR NON-ACADEMIC LICENSES

The registered user or administrator of the EES program is subject to the terms in this license agreement. Please read this agreement carefully before installing or using the program. A copy of this agreement is available at https://fchartsoftware.com/ees/eula.php

If you do not accept this license agreement, then you may not install or use the program. In that case you may, within ten (10) days after you first received the product, request a full refund of the purchase price (minus a 10% processing fee) by notifying F-Chart Software of your decision. Any use of this product also constitutes your acceptance of these terms.

The license to use the EES program is valid only if you obtained the license directly from F-Chart Software. If you obtained the program from any other source, you may not install or use it.

1. OWNERSHIP. EES is proprietary to F-Chart Software. EES is licensed, not sold, to you notwithstanding any reference herein to "purchases". You acknowledge and agree that: (a) EES is protected under U.S. copyright and other laws; (b) F-Chart Software retains all copyrights and other intellectual property rights in the program; (c) there are no implied licenses under this agreement, and any rights not expressly granted to you hereunder are reserved by F-Chart Software; (d) you acquire no ownership or other interest (other than your license rights) in or to the program; and (e) F-Chart Software owns all copies of the program, however made. You agree that you will not, at any time, contest anywhere in the world F-Chart Software's ownership of the EES program, nor will you challenge the validity of F-Chart Software's rights in the program. You have no rights hereunder to use any trademark or service mark belonging to F-Chart Software for any commercial purpose.

2. GRANT OF LICENSE AND SCOPE OF USE. For each EES license that you acquire, you will be provided with a license file that has a file name extension of .dft file or .dft64. This file will contain information specific to the license that you have acquired, such as company or institution name, the name of the designated user or the number of users for a multi-user license. In order to activate and use the EES program as set forth in this agreement, you must copy the license file into the directory in which the product is installed during the installation process. The EES_REFPROP interface extends the capabilities of the EES program and is registered for use with a specific EES license. The EES_REFPROP interface requires a separate purchase of the NIST REFPROP program and conformance with its end-user licence agreement. All rights not specifically granted to you herein are retained by F-Chart Software.

   • 2.1 Student License. The terms of this section are applicable to you only if you have acquired a Student License. Subject to the terms and conditions of this agreement, F-Chart Software grants to you, the registered user, a personal, nonexclusive, nontransferable and limited license to use the Student EES license. The Student license can only be used on one computer by the specifically registered user, subject to all the terms and conditions of this agreement. The Student EES program requires a connection to the internet. You may make a copy of the license solely to replace the original copy provided to you if the original copy is damaged or destroyed. The Student EES license expires one year after purchase. Technical support (for issues pertaining to a potential fault in the software) is available during this one-year period. The program cannot be transferred to another person.

   • 2.2 Named (Single) User Commercial or Professional License. The terms of this section are applicable to you only if you have acquired a Named (Single) User Commercial or Professional License. Subject to the terms and conditions of this agreement, F-Chart Software grants to you, an individual, ("Named User") a personal, nonexclusive, nontransferable and limited license to use EES. EES must be used exclusively by the specifically registered Named User, subject to all the terms and conditions of this agreement. You may install EES on a second computer provided that the Named User is the only individual permitted to use the program. You may make a copy of the program solely to replace the original copy provided to you if the original copy is damaged or destroyed. You may change the Named User to another Named User by requesting a new license (.dft or .dft64) file from F-Chart Software provided that your Instant Update and Technical Service is active. The program will remain active for 5 years, but access to the current version and technical support is available only with a current subscription of Instant Update and Technical Service as detailed in section 9.1.

   • 2.3 Multi-User License (for <=20 users). The terms of this section are applicable to a Multi-User License for N<=20 specified individuals. The registered administrator is charged with ensuring that the license is used in accordance with this agreement. Subject to the terms and conditions of this agreement, F-Chart Software grants you a nonexclusive, nontransferable and limited license for N specific users (not N concurrent users from a larger pool). If an individual user has both a laptop and a desktop computer, then installing on both machines counts as one installation. The N users must be members of one department in your company and located at one specific facility. The program will remain active for 5 years, but access to the current version and technical support is available only with a current subscription of Instant Update and Technical Service as detailed in section 9.1.

   • 2.4 Multi-User License (for >20 users). The terms of this section are applicable to a Multi-User License for N>20 specified individuals. The registered administrator is charged with ensuring that the license is used in accordance with this agreement. Subject to the terms and conditions of this agreement, F-Chart Software grants you a nonexclusive, nontransferable and limited license for N specific users (not N concurrent users from a larger pool). The N users must be members of one company, but the users do not all have to be located at one facility. An annual fee of 20% of the current cost of the N-user license must be paid within 30 days of the expiration of IUTS. This fee provides access to the F-Chart website for the current version of the software and technical support.

3. RESTRICTIONS. You may not: (a) modify, adapt, alter, translate, or create derivative works of the EES program or merge the program with other software other than as approved of in writing by F-Chart Software; (b) lease, rent or loan the EES program to any third party; (c) sublicense, distribute or otherwise transfer the program to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the EES program; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of F-Chart Software; (f) allow third parties to access or use the EES program (such as in a time-sharing arrangement) or use EES as part of a service bureau for benefit of third parties or (g) reproduce or use EES except as expressly authorized under Section 2. Further, the Professional version of EES is capable of creating special purpose programs called Distributable programs. Distributable programs may be freely given to anyone, but they may not be incorporated in any other software. For multi-user licenses, you may not permit your end users to conduct the restricted activities limited by items (a) through (g) above.

4. LIMITED WARRANTY AND DISCLAIMER. Except for this express limited warranty, the EES program is provided "as is" and without warranty of any kind. F-Chart Software hereby excludes and disclaims all implied or statutory warranties, including any warranties of fitness for a particular purpose, quality, non-infringement, results, efforts or quiet enjoyment. There is no warranty the program will be error free or will function without interruption. You assume the entire risk for the results obtained using the program. To the extent that F-Chart Software may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law. Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

5. SERVICES; UPDATES; PRODUCT CHANGES. F-Chart Software is not required under this agreement to provide any installation, training or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, F-Chart Software provides you with a new release, error correction, update, upgrade or other modification to the program, such modification will be deemed part of the program, and subject to the terms of this agreement. F-Chart Software reserves the right at any time not to release or to discontinue release of any version of the program and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the program.

6. REGISTRATION. The Product must be registered with F-Chart Software as a condition to your rights to use the Product. The necessary product registration information will be obtained during the ordering process.

7. LIMITATION OF LIABILITY. Except for the obligations set forth in section 8, F-Chart Software's total cumulative liability to the named user or registered administrator arising from or related to the license or the program whether in contract, in tort, or otherwise will not exceed the fees actually paid to F-Chart Software under this license agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may then not apply to the user. It is hereby understood and agreed, each party shall be responsible for its own acts and/or omissions. Neither party shall be responsible for the acts or omissions of the other party.

8. THIRD PARTY CLAIMS. F-Chart Software will defend and settle any suit brought against the named user or registered administrator by a third party (not your affiliate) based on a claim that the program infringes upon any U.S. copyright. F-Chart Software will pay those costs and damages finally awarded against the user in such suit that are specifically attributable to such claims or those amounts payable by the user under a settlement of such suit. The foregoing obligations are conditioned on the user: (a) notifying F-Chart Software promptly in writing of such action; (b) giving F-Chart Software sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at F-Chart Software's request and expense, assisting in such defense. If the program becomes, or in F-Chart Software's opinion is likely to become, the subject of an infringement claim that F-Chart Software is required to defend, then F-Chart Software may (at its option and expense) either: (a) procure for the user the right to continue using the program; (b) replace or modify the program so that it becomes non-infringing; or (c) terminate this agreement and the user’s rights hereunder to use the program and refund a pro rata portion of any license fee paid under this agreement, based on a three (3) year product life. Notwithstanding the foregoing, F-Chart Software will have no obligation under this section or otherwise with respect to any infringement claim based upon: (a) any use of the program not in accordance with this agreement or the accompanying documentation; (b) any use of the program in combination with other products, equipment, software, or data not provided by F-Chart Software; (c) any use of any version of the program other than the most current version made available to the user; or (d) any modification of the program by any person other than F-Chart Software. This section states F-Chart Software's entire liability and the user’s sole and exclusive remedy for third-party claims relating to the program.

9. TERM AND TERMINATION.

   • 9.1 Term. The term of this EES license begins as of the date that you receive the program and will remain in effect unless terminated under this section.

     Academic licenses of EES will not expire. However, access to the current version and support of any type requires a current subscription to Academic Update Service (AUS).

     Student licenses are for a single user and can be used on one computer for one year starting from the date that you receive the program.

     Non-academic named (single) and multi-user Commercial and Professional licenses for <=20 users will remain active for 5 years. One year of Instant Update and Technical Service (IUTS) is provided when the license is purchased. IUTS provides access to the current version of the program and technical support. The term of an EES license will be extended with the optional renewal of IUTS. A license will be terminated (and IUTS cannot be renewed) if 4 or more years have passed since the IUTS expiration date.

   Non-academic multi-user licenses for >20 users are provided with one year of access to the current version of the program and technical support. An annual fee of 20% of the current cost of the license is required for continued access to the current version and support. The license will be suspended or terminated if the annual fee is not paid within 30 days of the anniversary of the original purchase.

   • 9.2 Termination for Cause. F-Chart Software may terminate your EES license if you breach your obligations. An obligation for Student and Single-user Commercial and Professional licenses is that they can only be used by the registered person. An obligation for multi-user licenses is that the license is accessible to only N designated users, where N is the number of users for the license. Fees paid for the license will not be refunded.

10. GENERAL PROVISIONS.

    • 10.1 Audit. F-Chart Software reserves the right to monitor use of the software for the sole purpose of ensuring that it is used in accordance with the terms of this agreement.

    • 10.2 Canadian Transactions. If you are subject to Canadian law, you agree to the following:

      The parties hereto have expressly required that the present agreement and its Exhibits be drawn up in the English language. / Les parties aux présentes, ont expressément exigé que la présente Convention et ses Annexes soient rédigées en langue anglaise.

    • 10.3 Hazardous Uses. EES is not intended for use, and you may not use or allow others to use EES, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that F-Chart Software will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the program.

    • 10.4 Governing Law. This agreement will be governed by and construed in accordance with the laws of the United States and the State of Wisconsin, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods (if applicable).

    • 10.5 Entire Agreement; Severability. This agreement constitutes the entire, final and exclusive agreement between you and F-Chart Software regarding the specific license transaction described herein. If any provision of this agreement is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this agreement will remain in full force and effect.

    • 10.6 Assignment. You may not transfer the program or assign any of your rights or delegate any of your obligations under this agreement, by operation of law or otherwise (including by merger, sale of assets or consolidation), without F-Chart Software's prior written consent.

    • 10.7 Export Control. You may not directly or indirectly transfer the EES program, including its documentation, to any country if such transfer would be prohibited by applicable law, including the U.S. Export Administration Act and the regulations issued there under. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. You will be solely responsible for identifying and complying with all laws of any jurisdiction outside of the United States regarding the import, export or use of Products and technical data supplied by F-Chart Software. You will obtain at your own expense all licenses, permits or approvals required by any government to use the Product.

    • 10.8 U.S. Government Rights. EES is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the program with only those rights set forth in this agreement.

    • 10.9 Waiver and Modifications. All waivers must be in writing. Any waiver or failure to enforce a provision of this agreement on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This agreement may only be amended by a written document signed by both parties.

If you have any questions about this License, please contact F-Chart Software.

info@fchart.com
PO Box 44042
Madison, WI 53744