These terms and conditions represent a binding legal agreement (“Agreement”) between you and Mitsubishi Heavy Industries Air-Conditioning Europe, Ltd. (“MHIAA”) concerning the use of this MHIAA R32 Calculator application (“Application”). Your right to use the Application is subject to the terms and conditions set out in this Agreement.
1. This Application is for your own personal use free of charge, but you should be aware that you cannot send it on to anyone else, and you are not allowed to copy or modify the Application or the trademarks, in whole or in part. You are not permitted to extract or attempt to extract the source code of the Application, and further you are not permitted to translate the Application into other languages or to make derivative versions. The Application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to the Application are the sole property of or are licensed to MHIAA or its affiliates.
2. This Application is provided on as “as is” basis: MHIAA makes no warranties, guarantees or representations, express or implied, statutory or otherwise (including in regard to the intellectual property right in the Application), and all implied terms of satisfactory quality and fitness for a particular purpose are excluded. MHIAA provides no warranty that the operation of the Application will be error free or uninterrupted and the calculation result through this Application will be accurate in relevant standards MHIAA lists separately (“Related Standards”). It is your responsibility to ensure that the Application is suitable for your needs and the entire risk as to the inherent flammability and toxicity of certain refrigerants and the performance and results of the Application is assumed by you. You are recommended to contact relevant certification bodies to verify the result in light of the Related Standards.
3. You use this Application at your risk. MHIAA is not responsible for any damage or alteration to any hardware or device upon which you install or use the Application, including without limitation any software virus malfunction you may suffer in connection with your access to downloading and use of the Application.
4. MHIAA is not responsible for your inability to access the Application or any service data or for any communication failure or interruption or any non-availability of all or any service data. You are responsible for all connection costs as you may incur through your connection provider.
5. MHIAA hereby acknowledges that it does not intend to receive any type of personal data of users or other third parties through this Application. In relating to the acknowledgement above, you agree not to provide any personal data of you and/or any individuals through using this Application
6. You indemnify and hold harmless MHIAA and its affiliates against any claims arising from any loss, damage, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by you or any other party including without limitation your employees, agencies or subcontractors whatsoever as a consequence of any act or omission of MHIAA or its affiliates, whether in negligence or otherwise, arising out of your use of the Application or from any other cause whatsoever in connection with the Application.
7. Notwithstanding anything to the contrary in this Agreement and to the extent permitted by applicable law, in no event will MHIAA be liable for any direct, indirect, consequential, incidental or special damage or loss of any kind, loss of profits, loss of contracts, business interruptions, or loss of or corruption to data, however caused and whether arising under contract, tort (including negligence and strict liability), or otherwise; this exclusion of liability includes any economic loss of any nature whatsoever including without limitation any costs arising from any delay or for wasted time.
8. MHIAA reserves the right to upgrade the Application from time to time, to add functionality and to reflect changes in service data assessable via the Application at any time without prior notice.
9. MHIAA reserves the right to alter or modify the terms and conditions set out in the Agreement at any time without prior notice. You should read the terms and conditions each time you access the Application as these terms and conditions may have changed since your previous access.
10. MHIAA reserves the right to terminate your license at any time for your breach of the terms and conditions or as part of any general reorganisation of the Application access and usage right. All rights and licenses granted to you shall terminate immediately upon termination or withdrawal of the Application.
11. MHIAA reserves the right to terminate or suspend provision of the Application for use at any time without prior notice for whatsoever reasons.
12. If any provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases you agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intention of the invalid or unenforceable provision.
13. These terms and conditions and any dispute or claim (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these terms and conditions.