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TREAT Installation & Support Policy

July 1, 2008

TREAT General Policies:

Each license will be issued a corresponding Serial Number. The Serial Number must be entered into the software and will generate a unique Installation Key
To complete the installation and registration process the Serial Number and software generated Installation Key must be e-mailed back to TreatRegister@TREATsoftware.com, you will then be issued an installation specific Password that will unlock full product functionality.
The license period begins with the date that the Password is issued and shall terminate at the end of one year.
During the license period users receive basic tech support, patches and upgrades.
An invoice and/or e-mail will be sent to each license holder at the beginning of the 10th month, as a reminder that purchase is necessary to continue receiving TREAT support and TREAT upgrades.
If the user does not purchase the one-year renewal, before the end of the first year, a new full-price license must be purchased.
Please see Registration Instruction for complete details.
TREAT support can be contacted by e-mail: TreatSupport@PSDConsulting.com .
or by phone @ 607-277-6240 x260.

Program Specific Policies:

Complimentary copies of TREAT and any upgrades received over the first year may continue to be used after this first year is up. Purchase of the one-year renewal is necessary to continue receiving tech support and upgrades after the first year.

TREAT Demo Policies:

The user will be able to install and operate TREAT, but will not be able to print reports or use the multi-family functionality. The demo capabilities will expire 30 days after initial installation.
Upgrades & patches will not be provided.
Demo copies will have a serial number. This will be the serial number needed if the user opts to purchase and register TREAT.
Tech Support is provided.

TREAT Software End User License Agreement

This End User License Agreement ("License") is a legal agreement between you (either an individual or an entity) and PERFORMANCE SYSTEMS DEVELOPMENT, P.C. (“PERFORMANCE SYSTEMS DEVELOPMENT”). If you do not agree to the terms of this Agreement, promptly return the media containing the software and accompanying items (including printed materials and binders or other containers) to the place you obtained them for a full refund.

Software: TREAT

I. Grant of License. This license agreement ("License") permits you to use one copy of the specified version of the Software product identified above, which may include user documentation provided in "online" or electronic form ("Software"), for internal purposes on one computer. The Software is licensed as a single product; it may not be used on more than one computer. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. PERFORMANCE SYSTEMS DEVELOPMENT hereby reserves all rights not explicitly granted in this License.

II. Copyright. The Software is owned by PERFORMANCE SYSTEMS DEVELOPMENT or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions. Therefore, you may not use, copy, or distribute the Software without authorization. This License authorizes you to (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation provided in "online" or electronic form.

III. Restrictions. You may not rent, lease, or loan the Software, but you may transfer your rights under this License on a permanent basis provided you transfer this License, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software in whole or in part.

IV. Limited Warranty. PERFORMANCE SYSTEMS DEVELOPMENT warrants that the media on which the Software is furnished under normal use will be free from defects in materials and workmanship for a period of ninety (90) days from the date of receipt. This warranty is valid only for the original purchaser. PERFORMANCE SYSTEMS DEVELOPMENT's entire liability and your exclusive remedy under this Warranty shall be replacement of the defective media that does not meet PERFORMANCE SYSTEMS DEVELOPMENT's limited warranty and that is returned to PERFORMANCE SYSTEMS DEVELOPMENT or an authorized representative with a copy of your receipt. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

V. NO OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION IV, THE SOFTWARE IS LICENSED "AS IS." YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE SYSTEMS DEVELOPMENT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.

VI. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERFORMANCE SYSTEMS DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PERFORMANCE SYSTEMS DEVELOPMENT PRODUCT, EVEN IF PERFORMANCE SYSTEMS DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PERFORMANCE SYSTEMS DEVELOPMENT'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

VII. U.S. Government-Restricted Rights. The Software and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

VIII. Export Restrictions. You may not download, export, or re-export the Software in violation of any United States export law or regulation, or (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

IX. General. This Agreement is governed by the laws of the United States and the State of New York, without reference to conflict of laws principles. This Agreement is the entire agreement between Licensee and PERFORMANCE SYSTEMS DEVELOPMENT and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

X. TREAT is a simulation tool for evaluating energy use in buildings. Its underlying assumptions are outlined in the Users Manual, and should be fully reviewed. The capabilities of the software should be clearly understood when analyzing situations in which decisions are to be made regarding investments in energy conservation or building performance, and the software should only be applied along with the judgment of a professional trained in the energy field. Performance Systems Development has developed and tested the software using generally accepted engineering principles. However, Performance Systems Development accepts no responsibility for assumptions made in applying the program, in the use of information found in the libraries, or in the default values provided with the program. Results should be checked carefully, for realism, against utility bills, and on the basis of experience in the energy field.

Furthermore, because energy savings ultimately depend on human behavior, the weather, and many other factors, Performance Systems Development does not guarantee the cost savings estimated TREAT reports. Performance Systems Development shall in no event be liable should actual energy savings vary from projected savings.

Should you have any questions concerning this Agreement, or if you desire to contact PERFORMANCE SYSTEMS DEVELOPMENT for any reason, please contact:

TREAT Product Manager
Performance Systems Development