eQUEST End-User License Agreemen

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and James J. Hirsch ("JJH") for the eQUEST software, which includes computer software and/or data, associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By exercising your rights to use the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE. The SOFTWARE is copyright (c) 1998-2006 by James J. Hirsch ("JJH") and includes materials copyrighted by others as listed below under LICENSED COMPONENTS and TRADEMARKS.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

This EULA grants you the following rights:

• Installation and Use. You may install and use a copy of the SOFTWARE on any computer owned by, rented to, or leased to, you or your company.
• Reproduction and Distribution. You may not reproduce or distribute the SOFTWARE in any manner except for backup; and then only provided that

  (i) you maintain all copyright notices on all copies of the SOFTWARE,
  (ii) each copy shall be accompanied by a copy of this EULA,
  (iii) each copy be an exact duplicate of the SOFTWARE setup program or update archive as you obtained it, and
  (iv) no copy shall be offered for resale, rent, lease or otherwise distributed to any third party.

• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer except for the purpose of execution of the software on your computer network, and only during the time such execution is underway.
• Software Transfer. You may not transfer any of your rights in the SOFTWARE.
• Termination.  Without prejudice to any other rights, JJH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. You may terminate this EULA by destroying all copies of the SOFTWARE and all copies of its component parts.

All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE are owned by or licensed to JJH as indicated under LICENSED COMPONENTS and TRADEMARKS below.  The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.  All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants you no rights to use such content.

In accordance with FAR 12.212 or DFARS 227.7202, as applicable, use, duplication, or disclosure of the SOFTWARE  by the Government is subject to restrictions as set forth in this Agreement.  Manufacturers is James J. Hirsch DBA James J. Hirsch & Associates, 12185 Presilla Road, Camarillo, CA, 93012-9243.

The Software is provided as is and without warranty of any kind at all, neither express or implied; including without limitation merchantability or fitness for any particular purpose. Southern California Edison Company, the United States, United States Department of Energy, The Regents of the University of California, James J. Hirsch and their employees, contractors and other suppliers do not assume any liability for accuracy, completeness, or usefulness of the software, or any accompanying information or products, and make no representation that use of the preceding would not infringe privately owned rights. In no event shall the Southern California Edison Company, the United States, the United States Department of Energy, The Regents of the University of California, James J. Hirsch and their employees, agents, contractorS or other suppliers, be liable for any kind of damages whatsoever, even if notified of the possibility of such damages. The entire risk arising out of use or performance of the software remains with you.

Use of the "DOE" designation in this Software does not imply endorsement or recommendation by the United States Government. Reference to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by James J Hirsch, the United States Government, The Regents of the University of California, Southern California Edison Company or any of their contractors, or suppliers.

If you acquired this product in the United States, this EULA is governed by the laws of the State of California. If this product was acquired outside the United States, then local laws may apply. Should you have any questions concerning this EULA, or if you desire to contact JJH  for any reason, please write: James J. Hirsch & Associates, attn.: J. Hirsch, 12185 Presilla Road, Camarillo, CA, 93012-9243; or phone (805) 553-9000; or email Jeff.Hirsch@DOE2.com.

-eQUEST is a trademark of James J. Hirsch.
-Portions of Software derived from PowerDOE software Copyright 1997, Electric Power Research Institute, Inc.
-Portions of Software derived from PowerDOE and other software Copyright 1997-2006,  James J. Hirsch.
-Portions of Software derived from COMcheck-Plus and other software Copyright 1997-2006,  Regional Economic Research, Inc. and Scott A. Criswell DBA SAC Software. All Rights Reserved.
-DOE-2.2 components are copyright 1996-2006 by James J. Hirsch. All Rights Reserved.
-DOE-2 weather data files are copyright 1992-1997 by James J. Hirsch. All Rights Reserved.
-Portions of DOE-2.2 are copyright 1988-2006 by James J. Hirsch. All Rights Reserved.
-DOE-2.2 computer software was in part produced by The Regents of the University of California under Department of Energy Contract No. DE-AC03-76SF00098 and James J. Hirsch under contract UC purchase order #4607010. The United States Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in those portions of this computer software to reproduce, prepare derivative works, and perform publicly and display publicly, by or on behalf of the Government. The specific term of this license can be identified by inquiry made to the Contractors or to DOE.
-Portions of DOE-2.2 produced by The Regents of the University of California under Department of Energy Contract may be copyright by the Regents of the University of California, upon approval of the U.S. Department of Energy.
-DOE-2.2 expression module based upon technology licensed from Regional Economic Research, Inc. and copyright 1996-2006 by James J. Hirsch. All Rights Reserved.
-Olectra Chart 2D Control is copyright 1999 by KL Group Inc. All Rights Reserved.
-Portions of the User Interface is copyright 1998-2000 by Kirk Stowell.
-The Visualization Toolkit is copyright 1993-2003 by Ken Martin, Will Schroeder and Bill Lorensen.
-PDF In-The-Box is copyright 2001-2005 by Synactis.  All Rights Reserved.
-TX Text Control is copyright 1991-2002 by The Imaging Source Europe GmbH.  All Rights Reserved.