PETS License Agreement
Process Engineering ToolS (PETS)
Process Engineering ToolS (PETS)
PETS License Agreement – Version 5.1 (Revised June 30, 2025)
LICENSE to Use of Process Engineering ToolS™ or PETS™ Software
PETS License Agreement – IMPORTANT NOTICE: Stratus Engineering, Inc. (“LICENSOR”) licenses the accompanying software to you only if you accept all of the terms in this license agreement. By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE.
The Process Engineering ToolS™ program and accompanying materials (“SOFTWARE”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold; instead it is only licensed for use, strictly in accordance with the terms and conditions of this LICENSE.
1. DEFINITIONS.
1.1 LICENSEE. LICENSEE means the entity or individual that downloads the SOFTWARE.
2. LICENSE GRANT.
2.1 Subject to the terms and conditions of the Agreement, LICENSOR grants to LICENSEE a non-exclusive, non-transferable, license to use the Process Engineering ToolS Software solely for LICENSEE’s purposes and in accordance with the documentation and the limitations as set forth herein. LICENSEE may only reproduce the SOFTWARE for archival and backup purposes, which copies shall include LICENSOR Software’s copyright and other proprietary notices.
2.2 Software is offered as freeware. The Software may have capabilities, extra programs and features that are available for use only to users that have purchased a license.
2.3 Use Restrictions. LICENSEE shall not, directly or indirectly, and shall not authorize any third party to:
(i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, structure, ideas, algorithms, or associated know-how of, the SOFTWARE, or reconstruct, or discover, any hidden or non-public elements of the SOFTWARE;
(ii) translate, adapt, or modify the SOFTWARE or any portion of the SOFTWARE;
(iii) write or develop any program based upon the SOFTWARE or any portion of the SOFTWARE, or otherwise use the SOFTWARE in any manner for the purpose of developing, distributing or making accessible products or services that compete with the SOFTWARE;
(iv) sell, sublicense, transfer, assign, lease, rent, distribute, or grant a security interest in the SOFTWARE or any rights to any of the foregoing;
(v) export, sell or distribute any content or portion of the SOFTWARE for the benefit of any third persons;
(vi) use the SOFTWARE as a server, service bureau or virtualize the SOFTWARE for access beyond a single workstation per seat;
(vii) transmit unlawful, infringing or harmful data or code, or any data or code that LICENSEE is not authorized to transmit, either to or from the SOFTWARE;
(viii) alter or remove any trademarks or proprietary notices contained in or on the SOFTWARE;
(ix) circumvent or otherwise interfere with any authentication or security measures of the SOFTWARE or otherwise interfere with or disrupt the integrity or performance of the SOFTWARE;
(x) LICENSEE acknowledges that LICENSOR may, but is under no obligation to, monitor LICENSEE’s use of the SOFTWARE.
3. DELIVERY, ACCEPTANCE AND INSTALLATION. LICENSOR will deliver the SOFTWARE to LICENSEE by electronic transmission. Without limiting the warranties in Section 8 (Warranties) below, the SOFTWARE will be deemed accepted upon delivery. LICENSEE is responsible for installing the SOFTWARE .
4. LICENSE MANAGER. LICENSOR reserves the right to use a license manager (the “LICENSE MANAGER”).
5. MAINTENANCE SERVICES. This software is freeware and does not come with maintenance services and does not come with support services. Stratus Engineering, Inc can be contacted to report any software errors or omissions.
6. WARRANTIES.
6.1 Performance. LICENSOR does not warrant that the functions contained in the licensed SOFTWARE will meet the requirements of LICENSEE or authorized users or that the operation of the SOFTWARE will be uninterrupted or error free. The warranties set forth in this section do not cover any copy (complete or partial) of the SOFTWARE or any Documentation which has been altered or changed in any way by LICENSEE or any authorized user or other third party. LICENSOR is not responsible for problems caused by changes in, or modifications to, the operating characteristics of any computer hardware or operating system for which the SOFTWARE is procured, nor is LICENSOR responsible for problems with the SOFTWARE that occur as a result of third party software or hardware that is incompatible with the operating system for which LICENSEE procured the SOFTWARE.
6.2 Disclaimers. THE EXPRESS WARRANTIES IN SECTION 6.1 (PERFORMANCE) ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, MAINTENANCE AND PROFESSIONAL SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF LICENSOR SUPPLIERS.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.
7.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, LICENSEE is solely responsible for determining and verifying that the SOFTWARE that LICENSEE obtains and installs is the appropriate version for LICENSEE’s model of graphics controller board, operating system, and computer hardware. Without limiting the foregoing, LICENSEE is solely responsible for the use of the SOFTWARE and the information it generates. All results should be verified for the correctness before use. Interpretation of SOFTWARE results requires engineering knowledge and experience. There is no substitute for qualified engineering analysis.
7.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STRATUS ENGINEERING’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNT PAID TO STRATUS ENGINEERING FOR LICENSEE’S USE OF THE PARTICULAR SOFTWARE UPON WHICH LIABILITY IS BASED, OR US$10.00 IF STRATUS ENGINEERING RECEIVED NO FEES FOR LICENSEE’S USE OF THE SOFTWARE.
8. PROPRIETARY RIGHTS. The SOFTWARE and Documentation (including but not limited to all images, photographs, animation, video, audio, music, text and other information incorporated in the SOFTWARE) and all worldwide intellectual property rights therein, are the exclusive property of LICENSOR and its suppliers. All rights in and to the SOFTWARE not expressly granted to LICENSEE in the Agreement are reserved by LICENSOR and its suppliers. LICENSEE will not remove, alter, or obscure any proprietary notices (including copyright notices) of LICENSOR or its suppliers on the SOFTWARE or the Documentation. Unless otherwise specified in a separate agreement between the parties, all worldwide intellectual property rights therein are the exclusive property of LICENSEE.
9. THIRD PARTY SOFTWARE. LICENSEE acknowledges that the SOFTWARE may contain software licensed to LICENSOR from third parties (“Third Party Software”), and that the Third Party Software is not owned by LICENSOR, and may be subject to additional restrictions imposed by the Third Party Software licensor. LICENSEE agrees to abide by such additional restrictions. Certain items of independent, third-party code may be included in the SOFTWARE that are subject to the GNU General Public License (“GPL”) or other Open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits LICENSEE’s rights under, or grants LICENSEE rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
10. TERM AND TERMINATION.
10.1 This LICENSE will automatically terminate if LICENSEE fails to comply with any of the terms and conditions hereof. In such event, LICENSEE must destroy all copies of the SOFTWARE and all of its component parts.
10.2 Defensive Suspension. If LICENSEE commences or participates in any legal proceeding against LICENSOR, then LICENSOR may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
11. APPLICABLE LAW AND BINDING ARBITRATION.
11.1 Governing Law. This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Texas, United States of America, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11.2 Arbitration. Any claim under this license must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. For any claim against or dispute or controversy with LICENSOR relating to this LICENSE or that may arise from it or out of use of the SOFTWARE (collectively, “Disputes”), LICENSEE agrees to first contact LICENSOR by U.S. Mail at LICENSOR Inc. ATTN: Legal, 2951 Marina Bay Dr #130-339, League City, Texas, 77573 and attempt to resolve the Dispute with LICENSOR informally. In the unlikely event that LICENSOR has not been able to resolve such Dispute it has with LICENSEE within 60 days of LICENSEE’s original informal claim (or sooner if, in LICENSOR’s opinion, a Dispute is not likely to be resolved within 60 days), LICENSEE and LICENSOR each agree to resolve any such Dispute (excluding any LICENSOR claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Harris County, Texas, United States of America, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Harris County, Texas, unless LICENSEE and LICENSOR agree otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a Dispute and as a result a Dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Harris County, Texas. LICENSEE agrees to waive any objection to such jurisdiction or venue.
11.3 Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY LICENSOR. LICENSEE AGREES THAT, BY ENTERING INTO THIS LICENSE, LICENSEE AND STRATUS ENGINEERING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. GENERAL.
12.1 If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of LICENSOR. LICENSEE agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any applicable export laws, restrictions or regulations.
12.2 Compliance with Laws. The SOFTWARE may be subject to export restrictions. LICENSEE will comply with all applicable export and import control laws and regulations in its use of the SOFTWARE and, in particular, LICENSEE will not export or re-export the SOFTWARE without all required government licenses and LICENSEE agrees to comply with the export laws, restrictions, national security controls and regulations of the applicable foreign agencies or authorities. LICENSEE will defend, indemnify, and hold harmless LICENSOR from and against any violation of such laws or regulations by LICENSEE or any of its agents, officers, directors, or employees.
12.3 Assignments. Except as expressly authorized, neither party may assign or transfer, by operation of law or otherwise, any of its rights under the Agreement (including its licenses with respect to the SOFTWARE) to any third party. Any attempted assignment or transfer in violation of the foregoing will be null and void, provided that, either party shall have the right to assign the Agreement to any successor to its business or assets to which the Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise.
12.4 Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terror, governmental action, labor conditions, earthquakes, pandemic or epidemic, material shortages or any other cause which is beyond the reasonable control of such party.
12.5 LICENSOR shall not provide support on the current release or any prior SOFTWARE Release Version.
12.6 LICENSOR shall not be obligated to provide Maintenance for versions or for problems or errors caused by or related to usage. Nothing in the Agreement obligates LICENSOR to develop or create SOFTWARE Updates or SOFTWARE Upgrades.
12.7 Entire Agreement. The Agreement, the ORDER and the Addendums hereto, constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. The Agreement shall not be modified except by a subsequently dated written amendment signed on behalf of LICENSOR and LICENSEE by their duly authorized representative. This Agreement shall control and take precedence over any prior End User Licenses Agreement, and any such prior End User Licenses Agreement is hereby terminated. If LICENSEE has a current (not expired) Master Services Agreement (MSA) in place that agreement and ORDER and the Addendums hereto, will take precedence over the End User License Agreement. LICENSOR reserves the right to modify and restate the End User License Agreement at any time.