Friction Calculator Mobile Apps License & Terms of Use

Your right to use the mobile app software program is subject to the terms set out in this license agreement. Reference to ‘the App’, ‘the Program’ or ‘the Software’ means the FRICTION CALCULATOR mobile software application. Reference to a ‘License’ or ‘Subscription’ means the granting of permission to use the Software for a period of time. Please read this agreement carefully before using the software. Accessing the Program signifies your acceptance of the terms and conditions set out below. If you do not agree to be bound by the terms and conditions of this Agreement then you should not proceed further, and you should exit the Application now.
This SOFTWARE LICENSE (the “License”) constitutes a legally binding agreement between Drillsoft LLC trading as “Friction Calculator Software” (“Licensor”) and the person or organization (“Licensee”) acquiring the right to use certain computer programs offered by Friction Calculator Software (the “Software”), in exchange for Licensee’s payment to “Friction Calculator Software” (the “Fees”) either directly or through a third party App Store. Unless replaced by a separate written agreement signed by an officer of Friction Calculator Software, this License shall govern Licensee’s use of the Software. BY DOWNLOADING, ACCEPTING DELIVERY OF, INSTALLING, OR USING THE SOFTWARE, LICENSEE AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE.

1. This is an agreement between Licensor and Licensee, who is being licensed to use the named Software.

2. Licensee acknowledges that this is a limited nonexclusive license to use the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software.

3. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement.

4. Use of this software under Free Trial Status is subject to specific restrictions as follows. The trial version of the program can be used in a limited manner, where certain inpout values are defaulted to specific values, to allow the user to assess the suitability of the software for their application. It must not be used in trial mode for any commercial purposes. All commercial use of this software require the Licensee has purchased a License/Subscription to use this software.

5. For the initial license fee Friction Calculator Software will grant the Licensee permission to use the Software. For standard App purchases the license does not expire. If this App requires a subscription purchase then when the license periods ends the Licensee must renew the license/subscription, either with an automatic subscription renewal or the purchase of a new subscription, in order that a new license is granted that provides permission to continue using the Software for a further period of time.

6. Any user that installs this version of the Software must agree to these license terms. If you are upgrading from a previous version of the Software then provided that you have already purchased a License or a Subscription for a period of time there is no further License/Subscription fee due until your current license ends. Payment of the License/Subscription fee entitles the user to free upgrades to the latest version of the Software and ensures they are always able to run the latest version of the Software. Installing this version of the Software and your acceptance of these license terms means that if you already have a valid License/Subscription then you are now granted a license to use the latest version of the Software for the remaining License/Subscription period.

7. For Subscription purchases the subscription fee for this version of the Software may change from time to time. Information about license terms will be listed on our web site at www.drillsoft.com/friction-calculator-mobile-apps-license-terms.

8. A license is issued to the Licensee to enable use of the Software as per this agreement. The License/Subscription will enable use of the Software either permanently or for a specific period of time as determined by the type of purchase. When the Subscription expires The Licensee must purchase a new Subscription if they wish to continue using the Software. When a Subscription ends the Software will revert to trial mode which provides access to a restricted version of the Software.

9. Grant of License to use this software is subject to the following restrictions. The SOFTWARE is the property of Drillsoft LLC trading as Friction Calculator Software, owner of drillsoft.com and is protected by copyright laws and international copyright treaties. The software is not sold, it is licensed. Upon purchasing a License/Subscription to use the program, the Licensee is granted a non-exclusive right (the “License”) to run the software as permitted by this agreement.

10. This Software is subject to a limited warranty. Although every care has been taken to ensure correct operation, no warranty can be given or implied for the use of this software or for the results obtained from the software. The user assumes sole responsibility for results obtained from the use of the software, and for conclusions drawn from such use. The Licensor shall have no liability for any damage caused by errors or omissions in any information, or any defects within the software. The user should check and confirm output results against other reference sources. Should the program malfunction for any reason whatsoever neither Friction Calculator Software nor Drillsoft LLC shall be liable for any direct, indirect or consequential loss. You hereby acknowledge that the allocation of risk in this Agreement reflects the price paid for the License to use the Software, and that the limit of liability will be restricted to this sum. This limited warranty lasts for a period of 90 days after delivery. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 90 days after delivery of the Software to Licensee.

11. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

12. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach of the Licensee.

13. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software, except where previous written agreements have been signed by authorized persons of both the Licensor and the Licensee.

14. This License Agreement is valid without Licensor’s signature. It becomes effective upon the Licensee’s use of the Software, whether under licensed or trial status.
For clarity, this License constitutes the entire agreement between the parties in relation to the Friction Calculator Mobile App and its use. The terms and conditions of this License will be governed and construed in accordance with United States law, and any dispute arising under this Agreement or in connection with the Program shall be submitted to the exclusive jurisdiction of the United States Courts.

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