PPE HEAT STRESS CALCULATOR
GEOMET Technologies, LLC
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Please call
1-800-296-9898, ext 252, within U.S.A or
301-428-9898, ext 252, outside U.S.A to place an order.
Once your order has been completed, you will be given the information needed to access the HeatCommander™ download site (or mailed a CD if you elected that option).

Heatcommander is also available under our GSA Schedule 70 contract number, GS-35F-06-32P

Please read the Software Licensing Agreement below before calling to place an order. You will be required to accept these Terms and Conditions in order to download the software.

SOFTWARE LICENSING AGREEMENT
TERMS AND CONDITIONS

GEOMET TECHNOLOGIES, LLC

HeatCommander™– PPE Heat Stress Calculator

PLEASE READ: BY DOWNLOADING OR USING OUR SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
These terms and conditions may be subject to change.

1. Software License Agreement
GEOMET grants to Buyer, and Buyer accepts from GEOMET, a non-exclusive, non-transferable, limited license to install, access and use the executable form of the HeatCommander™ Software (hereafter referred to as "the Software") solely in accordance with the Software Licensing Agreement Terms and Conditions. "Buyer" is defined as an individual, company or organization.

HeatCommander™ is a software application that runs on a personal digital assistant (PDA) with a PocketPC operating system. The application determines acceptable stay time (i.e., time spent in personal protective equipment or PPE), from the standpoint of avoiding heat exhaustion and excessive dehydration, for various combinations of individual characteristics, type of PPE, activity level, and surrounding environment.

If Buyer has acquired a license to the Software identified by GEOMET as being "single-user," then use of such software will be restricted to a single Buyer-specified PDA. If Buyer has acquired a license to the Software identified by GEOMET as being "multiple-user," then use of such software will be limited to the maximum number of PDA devices identified at the time of purchase.

Buyer will, at his/her expense, obtain all necessary consents to install the Software on Buyer's equipment. If Buyer is obtaining the Software on behalf of a company or organization, then Buyer represents that he/she is duly authorized to represent the company/organization and accept the Software Licensing Agreement Terms and Conditions on behalf of the company/organization. A binding contract is then formed between GEOMET and the company/organization in accordance with the Software Licensing Agreement Terms and Conditions. Buyer personally agrees not to commit or encourage any violation of this agreement between GEOMET and the Buyer’s company/organization. By downloading the software, the Buyer or the company/organization implicitly agrees to the Software Licensing Agreement Terms and Conditions.

Notwithstanding the foregoing, Buyer remains solely responsible for the configuration of its own equipment and the Software, including the compatibility of any additional items with the Software.

2. Disclaimer and Limitation of Liability
It is understood that users of the HeatCommander™ Software do so at their own discretion and risk. Buyer acknowledges and agrees that the input of data and accuracy and adequacy thereof, including the output generated as a result of such input, is under the exclusive control of Buyer. Any use made by Buyer of HeatCommander™ output, or any reliance thereon, is the sole responsibility of Buyer. Buyer will indemnify GEOMET and hold it harmless from any claims by third parties arising from, or related to, Buyer's use of the data output, provided that GEOMET, at its expense, will have the option to participate in the defense or settlement of any such claim.

ALTHOUGH THE ALGORITHMS IN THE SOFTWARE ARE BASED ON YEARS OF MEASUREMENT AND OBSERVATION, USE OF THIS SOFTWARE IS NOT TO BE A SUBSTITUTE FOR SOUND JUDGMENT WITH RESPECT TO HEAT STRESS THAT CAN OCCUR WHEN PPE IS WORN. THE SOFTWARE IS APPLICABLE FOR FIT INDIVIDUALS WITH APPROPRIATELY LOW BODY MASS INDEX VALUES AND NO CARDIOVASCULAR OR RESPIRATORY PROBLEMS.

GEOMET disclaims all responsibility for any harm resulting from Buyer’s use (or use by Buyer’s employees, agents or contractors) of the Software. The Software is provided "as is," with no warranties whatsoever. In no event shall GEOMET be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages whatsoever arising from or connected with the use or misuse of the Software, content or output, including accident, injury, illness or death. GEOMET shall not have any obligation with respect to the Product or any part thereof, whether based on contract, tort, strict liability or otherwise. GEOMET reserves the right to add to or further modify this disclaimer and to apply for Safety Act registration. The Buyer assumes all risks and liability from use of the Software, and any use of the Software implies acceptance of this disclaimer.

3. Intellectual Property
No title to, or ownership in, the HeatCommander™ Software is transferred to Buyer. Title to, and all applicable rights in patents, copyrights and trade secrets for the Software will remain with GEOMET or third parties for whom GEOMET has obtained rights to license portions of the Software. Buyer acknowledges that GEOMET or third parties own all right, title and interest in and to the Software, portions thereof, or software or content provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. GEOMET reserves all rights to the Software not explicitly granted herein, including specifically, but without limitation, the prohibition on Remarketing of the Software (see Prohibited Actions). If Buyer or any Authorized User breaches or threatens to breach the Software Licensing Agreement Terms and Conditions, then GEOMET will have the right, in addition to such other remedies which may be available to it, to seek injunctive relief enjoining such acts or attempts, it being acknowledged and agreed by Buyer that monetary damages are inadequate to protect GEOMET.

GEOMET reserves the right to refuse permission to use the Software to any individual or company/organization for any reason, and may do so without notice.

4. Prohibited Actions
Buyer shall not, nor allow third parties to, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. Buyer also agrees not to (and agrees not to allow third parties to) remove, obscure, or alter GEOMET's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.

Without limitation, the following uses of the Software are expressly forbidden (each a "Remarketing of HeatCommander™ Software"):
• Disclosure, display, access, or use of the Software by anyone other than an Authorized User.
• The loan, publication, transfer of possession (whether by sale, exchange, gift, operation of law or otherwise), sublicensing, rental, or other dissemination or use of the Software, in whole or in part, to or for any third party.
• Reverse engineering, decompiling, translation, disassembling, or otherwise attempting to discover the source code of the Software.
• Modifying, altering, adapting, or merging the Software.

GEOMET reserves the right to revoke a Buyer’s license(s) in the event that Buyer breaches any of the Software Licensing Agreement Terms and Conditions.

5. Changes to Terms and Conditions
GEOMET reserves the right to modify these Terms and Conditions from time to time at its sole discretion, and will provide notification to Buyer in such a case. Buyer agrees to be bound by these Terms and Conditions, as modified.

6. Return Policy
GEOMET warrants that the Software will conform substantially to the associated documentation (User Manual) provided by GEOMET with the Software. GEOMET does not warrant that the Software will be error free or that it will operate in conjunction with other equipment, software or services that may be obtained by Buyer. GEOMET's sole and exclusive liability for insuring performance of the Software will be to provide Software Corrections. However, if GEOMET is unable to provide Software Corrections, then as Buyer's sole and exclusive remedy GEOMET will grant Buyer a credit or refund, at Buyer's option, for the Software involved and accept its return.

For purposes of this Agreement, an "Error" shall mean failure of the Software to conform substantially to the associated documentation provided by GEOMET with the Software. Buyer may report any suspected Error to GEOMET and, upon GEOMET's request, Buyer will provide GEOMET in writing a detailed description and documentation of the suspected Error. GEOMET will investigate the facts and circumstances related thereto and Buyer will cooperate fully with GEOMET's investigation. If GEOMET finds that the Software contains an Error, then GEOMET will use its reasonable efforts to correct the Error or provide a "work-around" solution (a "Software Correction"), at GEOMET's discretion.

GEOMET may, at its option, provide Buyer a copy of the corrected Software in conjunction with the development of a Software Update.

7. Support Services
GEOMET will provide email technical support in response to Buyer’s inquiries relating to:
• Installation of the Software;
• Basic functionality of the Software as described in the User Manual; and
• Installation of updates to the Software.

GEOMET may not provide email technical support where it reasonably determines (at its sole discretion) that:
• Buyer’s inquiries relate to business practice, application consulting or training;
• Buyer’s use of the Software is outside that set out in the User Manual;
• Buyer’s use of Support Services is excessive, abusive or fraudulent;
• Buyer is not using the current release of the Software or its immediate predecessor; or
• Buyer has breached the Terms and Conditions described herein.

8. Software Updates
GEOMET may, from time to time, provide Software updates via the www.heatcommander.net website (or such successor URL as GEOMET may provide). Any such updates within 12 months after the Software Purchase Date will be provided at no cost to Buyer. Buyer is responsible for checking the website periodically to determine the availability of updates and for installation and implementation of any updates and associated data conversion. Three months after the availability of any new release/version, support services for any previous releases/versions will cease.