VacTran® End User License Agreement (EULA)
Last Modified: January 2026
This document is the VacTran® End User License Agreement ("Agreement" or "License") between Professional Engineering Computations (PEC), Livermore, CA (together with its affiliates, successors and assigns) and you for the use of VacTran. By installing VacTran, you agree to be bound by the provisions set down in this agreement. If you do not agree to these terms, you are not permitted to use VacTran. The definition of “VacTran” in this license agreement includes any updates, modifications, bug fixes, upgrades, or enhancements.
PEC is the owner of any intellectual property and trademark rights in VacTran supplied hereunder. PEC permits you to download, install, use and otherwise benefit from VacTran in strict accordance with the provisions of this agreement.
VacTran contains product license activation procedures designed to prevent unauthorized use. Any attempt to circumvent the restrictions on unauthorized use shall result in the immediate termination of this agreement and loss of any rights of use on your part. In such a case, further use of VacTran is liable to copyright infringement and further legal claims.
1. Grant of license
1.1 VacTran is licensed to you, but is not sold to you. In accepting this agreement, you acknowledge that VacTran remains the sole property of PEC. Nothing contained in this agreement will be construed as granting any ownership to you. PEC grants you the following rights provided that you comply with all terms and conditions of this EULA:
Subject to the terms of this Agreement, PEC hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to download, install and use a single copy of VacTran, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes and minor updates provided to you, onto one personal computer owned by, controlled by or assigned to you for your sole use to install, interact with and utilize VacTran. This license may not be shared or used concurrently on different servers or workstations, and may not be installed in a Virtual Machine environment. You may make a single back-up copy of the software for archival purposes.
If your computer fails, you have a limited right to transfer this license to a replacement device for the same user. VacTran includes a self-service function for you to transfer the license two times. When that limit is reached, please contact PEC for support. PEC may increase the transfer limit on a case by case basis at its discretion.
1.2 Output and use of results
Use of Output; No Endorsement.
Subject to your compliance with this Agreement, PEC grants you a royalty-free, non-exclusive right to reproduce and distribute reports, graphics, images, and data generated by the VacTran software (“Output”). PEC does not review, validate, certify, or endorse any Output, and PEC makes no representations or warranties regarding the accuracy, completeness, or suitability of any Output for any particular purpose. PEC does not assume any responsibility for compliance of Output with applicable codes, standards, or regulations.
No Professional Reliance.
VacTran is a computational and analytical tool only. Output generated by VacTran is not professional engineering advice, and must not be relied upon as a substitute for independent professional judgment, verification, testing, or review by a qualified engineer or other licensed professional. You are solely responsible for evaluating the appropriateness and accuracy of all Output and for any conclusions, designs, or decisions made based on such Output.
Indemnification for Output.
You agree to indemnify, defend, and hold harmless PEC and its affiliates from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising out of or relating to (i) your distribution, publication, or disclosure of any Output to third parties, or (ii) any representations, warranties, or assurances made by you to third parties regarding such Output.
2. License Restrictions
2.1 You may not:
2.1.1 remove any proprietary notices from VacTran;
2.1.2 cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of VacTran to the extent permitted by applicable law
2.1.3 sell, assign, rent, lease, act as a service bureau, or grant rights in VacTran, including, without limitation, through sublicense, to any other entity without the prior written consent of PEC;
2.1.4 export or re-export VacTran in violation of United States export laws;
2.1.5 charge any person for the use of VacTran; or
2.1.6 use VacTran to, or in any way that would violate any applicable law, regulation or ordinance;
2.1.7 collect any information or communication about the users of VacTran by monitoring, interdicting or intercepting any process of VacTran; and
2.1.8 Use any codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble VacTran.
2.2 VacTran contains proprietary information owned or licensed by PEC, and you agree to take reasonable steps at all times to protect such information.
2.3 VacTran may incorporate technology, software and services owned and controlled by third parties. Third-party components are provided "as is" and PEC disclaims all warranties related to them. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to PEC to enforce any of your rights.
2.4 PEC reserves the right to add, delete, or change features or functions to VacTran. PEC may change third-party software tools used in VacTran. PEC may discontinue supporting VacTran at any time. You agree that PEC will not be liable to you or any third party for any modification, suspension, or discontinuance of VacTran.
2.5 PEC may modify the provisions of this EULA at any time. PEC may notify you of such modifications by posting through the VacTran website or by including it with program updates.
3. Proprietary Rights
VacTran is owned by PEC and is protected by United States copyright and trademark laws and international treaty provisions. VacTran contains proprietary and confidential information of PEC, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of VacTran, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of PEC, and except for the limited license granted to you, PEC reserves all right, title and interest in and to VacTran. You shall not take any action to jeopardize, limit or interfere with PEC's ownership of and rights with respect to VacTran. You acknowledge that any unauthorized copying or unauthorized use of VacTran is a violation of this Agreement and copyright laws and is strictly prohibited.
4. Terms and Termination.
4.1 This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
4.2 You may terminate this Agreement at any time provided you cease all use of VacTran AND destroy or remove from all hard drives, networks, and other storage media all copies of VacTran in your possession.
4.3 PEC may terminate this Agreement if you do not comply with the terms and conditions of this agreement by providing notice to you and/or preventing your access to VacTran.
4.4 PEC may stop developing or supporting VacTran in the future. At its sole discretion, PEC may terminate this Agreement by providing notice of VacTran End of Life to all registered users listed on the VacTran license server. Such notice may be pre-empted by unplanned circumstances. Legacy VacTran users using old versions, including those using a USB hardware key license, are unknown to PEC and will not be notified. PEC intends, but does not guarantee, to provide a minimum of 12 months' notification on its web site www.vactran.com prior to the End of Sales. PEC intends, but does not guarantee, an additional 12 months of support beyond End of Sales culminating in VacTran End of Life. The intended notification timeline may be pre-empted by unplanned circumstances, or changed at the sole discretion of PEC.
4.5 Upon termination of this Agreement due to VacTran End of Life circumstances, you may continue to use VacTran within the terms of this EULA until such time that VacTran no longer functions. There will be no support from PEC after VacTran End of Life.
4.6 Upon termination of this Agreement due to any other reason, your license and right to use VacTran shall terminate and you must remove VacTran from your computer equipment and dispose of all originals and copies of VacTran in your possession.
4.7 Sections 1.2, 2, 3, 6, 7, 8, 10, and 11 shall survive termination of this Agreement.
5. Your Representations and Warranties
You represent and warrant that
5.1 you possess the legal right and ability to enter into this Agreement and to comply with its terms,
5.2 you will use VacTran for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies,
5.3 you will not attempt to decompile, reverse engineer or hack VacTran to defeat or overcome any technical protection methods implemented by PEC with respect to VacTran and/or data transmitted, processed or stored by PEC or other users of VacTran,
5.4 you will maintain accurate and complete registration information
5.5 If PEC has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, PEC may terminate this license, deny any or all use of VacTran, and pursue any appropriate legal remedies.
6. Indemnity
Except as expressly set forth in Section 1.2 with respect to Output, you agree to indemnify, hold harmless, and defend PEC and its affiliates against any third-party claims arising out of (i) your material breach of this Agreement, or (ii) your unlawful use of VacTran.
7. Disclaimer of Warranties
7.1 VacTran is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that VacTran is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of VacTran is with you. PEC further does not represent or warrant that VacTran will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free.
7.2 You acknowledge that the entire risk arising out of the use or performance of the VacTran remains with you to the maximum extent permitted by law. VacTran is not intended for safety-critical or life-support systems.
7.3 When VacTran is distributed by third parties, you agree that PEC will not be liable for any damage, claim, or loss of any kind whatsoever, including but not limited to indirect, incidental, special, or consequential damages resulting from any actions or omissions of the outside parties.
7.4 The VacTran license uses a software-based security key. Earlier versions of VacTran used a hardware key to validate its license. For those earlier versions of VacTran that utilized a hardware security key (parallel port or USB port), the security key provided with VacTran was produced successively by Rainbow, then Safenet, Gemalto, and Thales. PEC no longer supports the hardware key or the driver software that communicates with the key. PEC has no control or influence over the continued technical support from these companies for the hardware keys. PEC does not guarantee that legacy hardware keys will function as intended or whether the key will continue functioning for a particular period of time. PEC does not guarantee that driver software provided by the hardware key companies (for the purpose of communications with the key) will work with future versions of the Windows operating system. PEC does not guarantee that the hardware key companies will continue to publish updated drivers for hardware keys.
7.5 VacTran utilizes a software security key produced by Concept Software, and the license validation server that works with this key is owned and operated by Concept Software. PEC does not have any control or influence over the continued technical support from Concept Software for the software key. PEC does not guarantee that the key will function as intended or whether the key will continue functioning for a particular period of time. PEC does not guarantee that software support by Concept Software for the purpose of communications with the key will work with future versions of the Windows operating system. PEC does not guarantee that Concept Software will continue to provide a license validation server that supports VacTran. If changes in support from Concept Software make VacTran obsolete, PEC may, at its discretion, choose not to develop a new version.
7.6 No guarantee is implied for the accuracy or completeness of any data which accompanies VacTran, including but not limited to pipe, o-ring, pump, out gassing, permeation or gas library data. No guarantee is implied for the accuracy or completeness of any calculation executed by VacTran.
8. Limitation of Liability
In no event shall PEC be liable whether in contract, warranty, tort, including negligence (whether active, passive, or imputed), product liability or strict liability or other theory, for any indirect, incidental, special or consequential damages, including without limitation any loss of data, service interruption, computer failure, or pecuniary loss arising out of the use or inability to use VacTran, even if PEC has been advised of the possibility of such damages.
PEC’s total liability shall not exceed the amount paid by you for VacTran in the 12 months preceding the claim. This limitation applies regardless of the form of action and even if any limited remedy fails of its essential purpose.
You assume responsibility for, among other things, (i) the selection of VacTran to achieve your intended results, (ii) the acquisition of other and/or equipment compatible with VacTran, and (iii) the installation, use and results obtained from VacTran.
9. Electronic Signatures and Agreements
9.1 You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE" or such similar links or methods as may be designated by PEC to download or install VacTran to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
9.2 VacTran may be transferred to you from a previous user within the constraints of export controls described under “Export Control”. You agree to be bound by the terms of this agreement.
10. Export Control
VacTran is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to VacTran. These laws include restrictions on destinations, end users and end use.
You certify that you are not a person with whom PEC is prohibited from transacting business under applicable law.
VacTran software key implements cryptography and/or digital signature solely for the purpose of digital rights management. The software key is a product of Concept Software, Inc. The US Department of Commerce has categorized the software key under ECCN 5D992B.1. The VacTran software key falls under license exception ENC, EAR part 740.17. The license category is NLR (No License Required). Commodity code is 8523.49.2010, "Prepackaged software for automatic data processing machines, of a kind sold at retail".
VacTran may not be downloaded, used, exported or re-exported within or to (or by or to a national or resident of) any country under U.S. economic embargo or to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Department of Commerce's Denied Persons List or Entity List. By downloading or using VacTran, you represent and warrant that it is not located in, under control of, or a national or resident of any such country or on any such list.
More complete and current guidance and regulations on export control can be found on the Bureau of Industry and Security (US Department of Commerce) website.
11. General Provisions
11.1. Entire Agreement. This Agreement, together with any related service agreements, constitutes the final, complete, and exclusive agreement between you and PEC with respect to VacTran. It supersedes any prior agreement, oral or written, and any other communications between you and PEC relating to VacTran.
11.2. Assignment. You may not assign this Agreement or any rights or obligations hereunder. PEC may assign this Agreement without restriction.
11.3. Severability. Should any term or provision of this Agreement be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
11.4. Waiver. The failure of PEC at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, unless such waiver is made in writing and signed by an authorized representative of PEC.
11.5. Updates and Modifications. PEC reserves all rights not expressly granted herein. PEC may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.vactran.com. The EULA will require your acceptance for material changes.
11.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The state and federal courts located in Alameda County, California shall have exclusive jurisdiction.
11.7. Independent Contractors. Nothing in this Agreement shall constitute or be construed as creating a partnership, joint venture, employment, or agency relationship between you and PEC.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PEC OR PEC'S AGENT(S) RELATING TO VACTRAN. BY INSTALLING OR USING VACTRAN, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PEC THE RIGHTS SET FORTH HEREIN.
--- End of License ---
Last Modified: January 2026
This document is the VacTran® End User License Agreement ("Agreement" or "License") between Professional Engineering Computations (PEC), Livermore, CA (together with its affiliates, successors and assigns) and you for the use of VacTran. By installing VacTran, you agree to be bound by the provisions set down in this agreement. If you do not agree to these terms, you are not permitted to use VacTran. The definition of “VacTran” in this license agreement includes any updates, modifications, bug fixes, upgrades, or enhancements.
PEC is the owner of any intellectual property and trademark rights in VacTran supplied hereunder. PEC permits you to download, install, use and otherwise benefit from VacTran in strict accordance with the provisions of this agreement.
VacTran contains product license activation procedures designed to prevent unauthorized use. Any attempt to circumvent the restrictions on unauthorized use shall result in the immediate termination of this agreement and loss of any rights of use on your part. In such a case, further use of VacTran is liable to copyright infringement and further legal claims.
1. Grant of license
1.1 VacTran is licensed to you, but is not sold to you. In accepting this agreement, you acknowledge that VacTran remains the sole property of PEC. Nothing contained in this agreement will be construed as granting any ownership to you. PEC grants you the following rights provided that you comply with all terms and conditions of this EULA:
Subject to the terms of this Agreement, PEC hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to download, install and use a single copy of VacTran, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes and minor updates provided to you, onto one personal computer owned by, controlled by or assigned to you for your sole use to install, interact with and utilize VacTran. This license may not be shared or used concurrently on different servers or workstations, and may not be installed in a Virtual Machine environment. You may make a single back-up copy of the software for archival purposes.
If your computer fails, you have a limited right to transfer this license to a replacement device for the same user. VacTran includes a self-service function for you to transfer the license two times. When that limit is reached, please contact PEC for support. PEC may increase the transfer limit on a case by case basis at its discretion.
1.2 Output and use of results
Use of Output; No Endorsement.
Subject to your compliance with this Agreement, PEC grants you a royalty-free, non-exclusive right to reproduce and distribute reports, graphics, images, and data generated by the VacTran software (“Output”). PEC does not review, validate, certify, or endorse any Output, and PEC makes no representations or warranties regarding the accuracy, completeness, or suitability of any Output for any particular purpose. PEC does not assume any responsibility for compliance of Output with applicable codes, standards, or regulations.
No Professional Reliance.
VacTran is a computational and analytical tool only. Output generated by VacTran is not professional engineering advice, and must not be relied upon as a substitute for independent professional judgment, verification, testing, or review by a qualified engineer or other licensed professional. You are solely responsible for evaluating the appropriateness and accuracy of all Output and for any conclusions, designs, or decisions made based on such Output.
Indemnification for Output.
You agree to indemnify, defend, and hold harmless PEC and its affiliates from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising out of or relating to (i) your distribution, publication, or disclosure of any Output to third parties, or (ii) any representations, warranties, or assurances made by you to third parties regarding such Output.
2. License Restrictions
2.1 You may not:
2.1.1 remove any proprietary notices from VacTran;
2.1.2 cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of VacTran to the extent permitted by applicable law
2.1.3 sell, assign, rent, lease, act as a service bureau, or grant rights in VacTran, including, without limitation, through sublicense, to any other entity without the prior written consent of PEC;
2.1.4 export or re-export VacTran in violation of United States export laws;
2.1.5 charge any person for the use of VacTran; or
2.1.6 use VacTran to, or in any way that would violate any applicable law, regulation or ordinance;
2.1.7 collect any information or communication about the users of VacTran by monitoring, interdicting or intercepting any process of VacTran; and
2.1.8 Use any codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble VacTran.
2.2 VacTran contains proprietary information owned or licensed by PEC, and you agree to take reasonable steps at all times to protect such information.
2.3 VacTran may incorporate technology, software and services owned and controlled by third parties. Third-party components are provided "as is" and PEC disclaims all warranties related to them. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to PEC to enforce any of your rights.
2.4 PEC reserves the right to add, delete, or change features or functions to VacTran. PEC may change third-party software tools used in VacTran. PEC may discontinue supporting VacTran at any time. You agree that PEC will not be liable to you or any third party for any modification, suspension, or discontinuance of VacTran.
2.5 PEC may modify the provisions of this EULA at any time. PEC may notify you of such modifications by posting through the VacTran website or by including it with program updates.
3. Proprietary Rights
VacTran is owned by PEC and is protected by United States copyright and trademark laws and international treaty provisions. VacTran contains proprietary and confidential information of PEC, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of VacTran, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of PEC, and except for the limited license granted to you, PEC reserves all right, title and interest in and to VacTran. You shall not take any action to jeopardize, limit or interfere with PEC's ownership of and rights with respect to VacTran. You acknowledge that any unauthorized copying or unauthorized use of VacTran is a violation of this Agreement and copyright laws and is strictly prohibited.
4. Terms and Termination.
4.1 This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
4.2 You may terminate this Agreement at any time provided you cease all use of VacTran AND destroy or remove from all hard drives, networks, and other storage media all copies of VacTran in your possession.
4.3 PEC may terminate this Agreement if you do not comply with the terms and conditions of this agreement by providing notice to you and/or preventing your access to VacTran.
4.4 PEC may stop developing or supporting VacTran in the future. At its sole discretion, PEC may terminate this Agreement by providing notice of VacTran End of Life to all registered users listed on the VacTran license server. Such notice may be pre-empted by unplanned circumstances. Legacy VacTran users using old versions, including those using a USB hardware key license, are unknown to PEC and will not be notified. PEC intends, but does not guarantee, to provide a minimum of 12 months' notification on its web site www.vactran.com prior to the End of Sales. PEC intends, but does not guarantee, an additional 12 months of support beyond End of Sales culminating in VacTran End of Life. The intended notification timeline may be pre-empted by unplanned circumstances, or changed at the sole discretion of PEC.
4.5 Upon termination of this Agreement due to VacTran End of Life circumstances, you may continue to use VacTran within the terms of this EULA until such time that VacTran no longer functions. There will be no support from PEC after VacTran End of Life.
4.6 Upon termination of this Agreement due to any other reason, your license and right to use VacTran shall terminate and you must remove VacTran from your computer equipment and dispose of all originals and copies of VacTran in your possession.
4.7 Sections 1.2, 2, 3, 6, 7, 8, 10, and 11 shall survive termination of this Agreement.
5. Your Representations and Warranties
You represent and warrant that
5.1 you possess the legal right and ability to enter into this Agreement and to comply with its terms,
5.2 you will use VacTran for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies,
5.3 you will not attempt to decompile, reverse engineer or hack VacTran to defeat or overcome any technical protection methods implemented by PEC with respect to VacTran and/or data transmitted, processed or stored by PEC or other users of VacTran,
5.4 you will maintain accurate and complete registration information
5.5 If PEC has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, PEC may terminate this license, deny any or all use of VacTran, and pursue any appropriate legal remedies.
6. Indemnity
Except as expressly set forth in Section 1.2 with respect to Output, you agree to indemnify, hold harmless, and defend PEC and its affiliates against any third-party claims arising out of (i) your material breach of this Agreement, or (ii) your unlawful use of VacTran.
7. Disclaimer of Warranties
7.1 VacTran is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that VacTran is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of VacTran is with you. PEC further does not represent or warrant that VacTran will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free.
7.2 You acknowledge that the entire risk arising out of the use or performance of the VacTran remains with you to the maximum extent permitted by law. VacTran is not intended for safety-critical or life-support systems.
7.3 When VacTran is distributed by third parties, you agree that PEC will not be liable for any damage, claim, or loss of any kind whatsoever, including but not limited to indirect, incidental, special, or consequential damages resulting from any actions or omissions of the outside parties.
7.4 The VacTran license uses a software-based security key. Earlier versions of VacTran used a hardware key to validate its license. For those earlier versions of VacTran that utilized a hardware security key (parallel port or USB port), the security key provided with VacTran was produced successively by Rainbow, then Safenet, Gemalto, and Thales. PEC no longer supports the hardware key or the driver software that communicates with the key. PEC has no control or influence over the continued technical support from these companies for the hardware keys. PEC does not guarantee that legacy hardware keys will function as intended or whether the key will continue functioning for a particular period of time. PEC does not guarantee that driver software provided by the hardware key companies (for the purpose of communications with the key) will work with future versions of the Windows operating system. PEC does not guarantee that the hardware key companies will continue to publish updated drivers for hardware keys.
7.5 VacTran utilizes a software security key produced by Concept Software, and the license validation server that works with this key is owned and operated by Concept Software. PEC does not have any control or influence over the continued technical support from Concept Software for the software key. PEC does not guarantee that the key will function as intended or whether the key will continue functioning for a particular period of time. PEC does not guarantee that software support by Concept Software for the purpose of communications with the key will work with future versions of the Windows operating system. PEC does not guarantee that Concept Software will continue to provide a license validation server that supports VacTran. If changes in support from Concept Software make VacTran obsolete, PEC may, at its discretion, choose not to develop a new version.
7.6 No guarantee is implied for the accuracy or completeness of any data which accompanies VacTran, including but not limited to pipe, o-ring, pump, out gassing, permeation or gas library data. No guarantee is implied for the accuracy or completeness of any calculation executed by VacTran.
8. Limitation of Liability
In no event shall PEC be liable whether in contract, warranty, tort, including negligence (whether active, passive, or imputed), product liability or strict liability or other theory, for any indirect, incidental, special or consequential damages, including without limitation any loss of data, service interruption, computer failure, or pecuniary loss arising out of the use or inability to use VacTran, even if PEC has been advised of the possibility of such damages.
PEC’s total liability shall not exceed the amount paid by you for VacTran in the 12 months preceding the claim. This limitation applies regardless of the form of action and even if any limited remedy fails of its essential purpose.
You assume responsibility for, among other things, (i) the selection of VacTran to achieve your intended results, (ii) the acquisition of other and/or equipment compatible with VacTran, and (iii) the installation, use and results obtained from VacTran.
9. Electronic Signatures and Agreements
9.1 You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE" or such similar links or methods as may be designated by PEC to download or install VacTran to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
9.2 VacTran may be transferred to you from a previous user within the constraints of export controls described under “Export Control”. You agree to be bound by the terms of this agreement.
10. Export Control
VacTran is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to VacTran. These laws include restrictions on destinations, end users and end use.
You certify that you are not a person with whom PEC is prohibited from transacting business under applicable law.
VacTran software key implements cryptography and/or digital signature solely for the purpose of digital rights management. The software key is a product of Concept Software, Inc. The US Department of Commerce has categorized the software key under ECCN 5D992B.1. The VacTran software key falls under license exception ENC, EAR part 740.17. The license category is NLR (No License Required). Commodity code is 8523.49.2010, "Prepackaged software for automatic data processing machines, of a kind sold at retail".
VacTran may not be downloaded, used, exported or re-exported within or to (or by or to a national or resident of) any country under U.S. economic embargo or to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Department of Commerce's Denied Persons List or Entity List. By downloading or using VacTran, you represent and warrant that it is not located in, under control of, or a national or resident of any such country or on any such list.
More complete and current guidance and regulations on export control can be found on the Bureau of Industry and Security (US Department of Commerce) website.
11. General Provisions
11.1. Entire Agreement. This Agreement, together with any related service agreements, constitutes the final, complete, and exclusive agreement between you and PEC with respect to VacTran. It supersedes any prior agreement, oral or written, and any other communications between you and PEC relating to VacTran.
11.2. Assignment. You may not assign this Agreement or any rights or obligations hereunder. PEC may assign this Agreement without restriction.
11.3. Severability. Should any term or provision of this Agreement be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
11.4. Waiver. The failure of PEC at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, unless such waiver is made in writing and signed by an authorized representative of PEC.
11.5. Updates and Modifications. PEC reserves all rights not expressly granted herein. PEC may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.vactran.com. The EULA will require your acceptance for material changes.
11.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The state and federal courts located in Alameda County, California shall have exclusive jurisdiction.
11.7. Independent Contractors. Nothing in this Agreement shall constitute or be construed as creating a partnership, joint venture, employment, or agency relationship between you and PEC.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PEC OR PEC'S AGENT(S) RELATING TO VACTRAN. BY INSTALLING OR USING VACTRAN, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PEC THE RIGHTS SET FORTH HEREIN.
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