PLEASE READ THIS SOFTWARE SUBSCRIPTION AND LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE ProComHVAC© Equipment Pricing Program and/or ProServHVAC© Flat Rate Pricing Program (“SOFTWARE”). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
Licensing and Ownership
The Software is licensed, not sold, to you on an annual basis by Pro Comfort Advisor, LLC (“PCA”) for use only under the terms of this LICENSE. PCA retains ownership of the Software itself and reserves all rights not expressly granted to you.
You are granted a limited non-exclusive annual license to install and use the Software in one location, and to install and use the Software on the mobile devices of employees who work from that location.
You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software.
You may not rent, lease, lend, sell, redistribute or sublicense the Software.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PCA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Returns and Cancellation
Before set up and delivery, you may cancel and receive a full refund on your purchase.
Set up begins the moment you send us your equipment costs, accessory costs and/or logos. Delivery occurs upon us uploading your administrative file to our server and sending you installation instructions along with your field file.
Once we have begun the set-up process, but before delivery, you may cancel and receive a refund on your purchase, less the setup fee.
Once the software has been set up and delivered, you may cancel and receive a refund on your purchase, less the setup fee per the following schedule:
No refunds will be issued for monthly subscriptions.
This LICENSE will be governed by and construed in accordance with the laws of the State of Ohio. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
This LICENSE constitutes the entire agreement between you and PCA relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PCA.
By checking the acknowledgement box during the subscription process, you agree to this agreement.