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ControlPAK™ Software License Agreement

By downloading, using, or copying ControlPAK™ Software from this site or media, you agree to the following terms and conditions. If you do not agree with the terms and conditions, do not download, use, or copy the software.

1. Software License. For as long as you comply with the terms of this License Agreement, ENCOM grants you a non-exclusive, non-transferable license to use the Software for the purposes described in the documentation.

2. No Modification. You may not alter or modify the Software. The Software is licensed and distributed by ENCOM. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement that relies upon the Software. You may not rent, sell, sublicense, or loan the software.

3. Title. The Software and any copies that you are authorized by ENCOM to make are the intellectual property of and are owned by ENCOM. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ENCOM. The Software is protected by copyright. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear in the Software.

4. Reverse Engineer. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may only use the Software for the purpose described herein and you may not use it to create any software that is substantially similar to the expression of the Software.

5. Use. You agree that use of the Software is restricted to Canada, the United States, or Mexico. You agree to use the Software solely for the purposes of: 1) testing, configuring or diagnosing ENCOM products, or 2) testing, analyzing or surveying to evaluate the intended or current use of ENCOM products. The use of the Software to facilitate the evaluation or purchase of non-ENCOM products requires a separate, fully-paid commercial Software license.

6. Disclaimer Of Warranties: YOU AGREE THAT ENCOM HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ENCOM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR MERCHANTABLE QUALITY.

7. Limitation Of Liability: IN NO EVENT WILL ENCOM BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ENCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. This Agreement is governed by and construed in accordance with the Laws of the Province of Alberta, Canada.