For the purposes of this document, the terms set out below will have the following meaning, with the specification that terms defined in the singular also apply to the plural form and vice versa:
Customer : legal entity, located in a specific geographical area, identifiable as the subject recipient of the invoice issued by the supplier, which acquires the right to use one or more licenses and has access to hours of implementation, hours of engineering, and services related to the annual technical support of the above software.
Applied : legal entity, which interacts with the customer, which provides Design program, selection program, customized software, hours of new Implementation, or engineering services related to the ordinary Assistance of such software, as a result of a specific fee agreed paid preventively.
License of Use : the right granted by Applied to a Customer to use a copy of the Design Program, the Selection Program, or Customized Software to a single computer. User licenses, of any type shown here, are always related to the company's brand of the customer. They cannot be distributed under any circumstances to subsidiary companies, affiliates or the like, unless expressly agreed in advance with Applied by payment of an additional fee.
Annual Technical Support : A document which, on payment of the annual charge, entitles the Software use and services of assistance and maintenance. Failure to renew annual technical support by two weeks from annual technical Support time will result in suspension of software use and services of Assistance and maintenance until subscription renewal.
Contract of User License : Contract which, on payment of the due charge, permits, via an Activation Code, the use of the software installed.
Activation Code : Alphanumeric code supplied by Applied following payment of the due charge, which permits use of the program.
Documentation : Documents in paper and/or digital form relating to technical and/or commercial matters.
Design Program : Programs used by the Technical Office in the thermodynamic design of mechanisms, AC units, and heat exchangers, which are subject of the program.
Selection Program : Programs for the sales network that allow selection of the mechanisms, which are the subject of the software, intended to be used as an advanced electronic catalog. The selection programs permit the selection, with relevant thermodynamic calculation of the units subject to the contract, of certain components and/or accessories, the preparation of offers and the extrapolation of technical reports (print outs). The selection programs are subject to mandatory customization, details to be defined with the client during the initial phase of the present contract.
Customized Software : Program implemented completely or in part according to the specific requests of the client during the program’s development stage.
Customization : Obligatory for the Selection Programs and includes all modifications agreed in advance with the client during the initial phase of negotiations.Examples of customization are: graphic layout of the software and windows, change of fields and/or items present in the windows, insertion of extra windows, which do not alter the logical flow of the functioning of the standard software, printing templates.
Standard Software : A program produced in series and destined for general users. The Standard programs function according to Applied Original specifications.
Major Release : Software update relating to the principle functioning of the calculations, improves the program, and adds new functions, available to all users who respect the terms of the Annual Technical Support.
Minor Release : Software update that does not involve the major aspects of the calculations, but corrects faults and errors and adds new functions, available to all users who meet the terms of the Annual Technical Support.
Software patch : Software update that does not involve the main functions of the calculations, but corrects faults and errors. The supply of software Patches will take place via the sending of relevant setups or files.
Stand Alone Activation : Applied software may only be activated on desktop devices, with one single license for each single simultaneous user. Stand Alone Activation does not permit the functioning of the Applied program in virtual devices or operational server systems.
Activation on a Server : Applied software is installed on a server that is specific to the Head Office. Its launch on a server will allow the activation of the software user license, all connected to the same server network at the head office. The number of activations of the user license must be expressly stipulated in the contract.
Procedures of New Implementation: All those features that are not present at the moment of the request in the software.
Setup of Implementation : Setup, which is provided on the specific request of the client, the introduction of a new feature into the software.
Ordinary Assistance/Service of Assistance and Maintenance : Correction of bugs and minor errors, marginal modifications to the windows and prints. Applied reserves the right to evaluate whether The modifications requested by the client can be considered minor. and, hence, covered by the Document of Annual Technical Support or if they should be considered as procedures of new implementation.
Extraordinary Assistance/Procedures of Extraordinary Assistance : Assistance provided as a result of mistakes or malfunctioning deriving from causes external to the Source Code, such as the use of DLL by third parties, antivirus installed on the computer on which the software is running, or non-adherence to the procedures recommended by Applied.
Remote Assistance : Assistance provided by means of a remote internet connection, using free tools, which allow the secure sharing of the client’s monitor with Applied technicians.
Remote assistance allows Applied technicians to analyze and understand the problem notified by the client and to intervene and/or resolve the same.
Remote connection is requested expressly by applied technicians only. after an assessment of the notification of the problem sent by the Client to the email address: sales@applied-eng.com
Source Code : Text of the program’s algorithm written in the designated programming language.This constitutes part of the executable. software and is a property of Applied.
First Stipulation : first supply and/or installation of the software when the person requesting it has never been Applied client in the past or has terminated their previous contract of user license for the software.
Parent company logo for Design Programs : Insertion of the logo associated with the parent company, who is the holder of the software’s contract of user license.
This Applied Privacy Policy describes how we treat personal Information you provide or we collect when you use the service. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider “personal information” to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
Please take a moment to read the following to learn more about our information practices, including what type of personal information is gathered, how the personal information is used, and for what purposes, to whom we disclose personal information, and how we Protect your personal information. If you do not agree with our policies and practices, your choice is not to use our service. By By accessing or using any portion of the service, you agree to this Privacy Policy.
This Privacy Policy is incorporated by reference into the Applied Terms of Use or other legal document applicable to your relationship with Applied. The term “Applied” includes Applied, Inc. and our Affiliates and subsidiaries.
IntroductionApplied desktop application (“Desktop”), it is designed to make it easy to inventory and monitor the hardware and software on your network. This data is limited to systems-related information about your network devices and how they are configured. It does not Include any non-systems-related information, such as personal files. and content, application-specific data files and content, common user directories or other user data and documents. This data is stored locally in a file on your computer in an encoded format. Access to this file is password protected using the standard operating systems access control mechanisms.
Your Privacy is Not for SaleSimply put, we do not and will not sell or rent your personal Information to anyone, for any reason. Applied uses and discloses your personal information only as follows:
We may collect personal information through your communications with Our customer support team.
Other InformationWe also collect some information from you when you use the service. that does not constitute “Personal Information.” For example, each The installed copy of the desktop includes a unique application number. If you install the desktop, this number and a message indicating whether the installation succeeded or failed, is sent back to Applied. Also, when the desktop automatically checks to see if a new version is available, the current version number, and the unique Application numbers are sent to Applied. The unique application number is required for the desktop to function properly and cannot be disabled. From time to time, the desktop also collects anonymous aggregate information about your computing environment. This Information is anonymized and collected into groups so that it longer reflects or references an individually identifiable company or user. We also collect information you input into the any Web-based offerings made available by Applied in connection with Your use of those offerings.
User ContributionsYou also may provide information to be published or displayed on public areas of the site, or transmitted to other users of the site third parties. Applied is not responsible for the privacy. practices of the other users or third parties who may view and use that information.
How We Use The InformationInternal and Service-Related UsageWe use data you input into or that is collected by the service to perform the services requested in connection with those services. For example, if you input inventory data into one of the Web-based Offerings, we will use that information to display that inventory. data to you when you use such a Web-based offering. We use your payment information to collect payment for the applicable services. We may store and combine the personal information you submit, or we collect via any part of the service with information from other Applied services or third parties (including SNS) in order to deliver the service, to provide you with a better experience and to Improve the quality of our services. We may use anonymized aggregate. personal or environment information to provide the services you’ve requested, including services that display customized content and advertising, and compare your environment configuration to those of the broader user community. Such information does not identify you. or your company individually. We may use browser usage information, which does not identify individual users or companies, to analyze trends, to administer the service, to track users’ movements around the site to gather demographic information about our user base as a whole, and to operate and improve the applied technologies and services. We may use and retain any data we collect to provide and Improve our services.
Displaying to Other UsersPersonal information you include in your profile information and User contributions you post are considered publicly available and can be read, collected, or used by other individuals, including to send you unsolicited messages. With the exception of your email address, which is never viewable, some of the information provided from your SNS may be viewable by persons who visit Applied, which You can control it by editing your Applied profile. We cannot control the actions of other users of the site with whom you may choose to Share your user contributions or who may view your profile. information. Therefore, we cannot and do not guarantee that your User contributions or profile information will not be viewed or used. by unauthorized persons. We are not responsible for the privacy. practices of the other users who will view and use the posted information.
Applied-Related CommunicationWe use your personal information to contact you about administrative notices, application & network alerts, community activity, product updates, offers and promotions, and general news about Applied and our partners. This communication may be in the form of an app. alert, email, or possibly a phone call. The frequency of this type of Communication varies based on the type of notification. For example, Application alerts are delivered as they occur, while our product The newsletter is generally delivered monthly. You can manage your email. preferences with respect to content and delivery, or you may unsubscribe from all emails about Applied and our partners. You can Also, email us at info@applied-eng.com regarding your communication preferences.
AdvertisingThird party service providers that we use to serve ads on our behalf may also use information about your visits to our site and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address or any personally identifying information about the user.
Customer TestimonialsFrom time-to-time we may ask individual users to participate in customer testimonials posted on our website. We never post these testimonials without their express permission. Any information provided as part of these testimonials is used solely for the purpose of these testimonials and is not used in any other way. If you wish to update or delete your testimonial, you can contact us at info@applied-eng.com
GDPR (General Data Protection Regulation)We take steps to ensure that your information is treated securely and in accordance with this privacy policy. For example, we use SSL. to transmit information between the desktop and applied. Unfortunately, the Internet cannot be guaranteed to be 100% secure. and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for intentional disclosure.
By using the service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at info@applied-eng.com
International UsersApplied processes Personal information on servers in the United States of America and in other countries. In some cases, we may process personal information on a server outside your own country. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing global. By providing your information, you consent to any transfer and processing in accordance with this privacy Policy.
Changes to Privacy StatementApplied may update this privacy policy from time to time. We will post any adjustments to the Privacy Policy on this web page, and the The revised version will be effective when it is posted. When we change this privacy policy in a material way, a prominent notice will be posted on our site along with the updated privacy policy prior to the changes becoming effective. Please check this URL frequently. to see the latest version of this privacy policy.
The present contract deals with the services rendered by applied towards the client of the program’s assistance and maintenance Service, subject to the relative payment.
The service of assistance and maintenance is reserved exclusively. for clients who are signatories of a regular license of use for the program.
For the design programs, the service of assistance and maintenance The subject of this contract includes:
In addition to the services described, Above in point 3, the Service of Assistance and Maintenance also includes the release of a new setup for the correction of comments. and malfunctions included in ordinary assistance as mentioned in the present Contract.
The present contract does not include the following :For the carrying out of interventions of new implementation and for the resolution of problems included in Extraordinary Assistance, Applied reserves the right to send an estimate cost.
Should, following the installation or update of the program, errors be found during its running, the client is obliged to communicate them to Apply immediately.
In the notifications, the following information must be provided :Should errors or defects be found in the execution of the program which cannot be corrected via an update, and due to which the copy of the software is irreversibly damaged, Applied undertakes provide an updated setup of the program in accordance with the Procedures agreed with the client.
The client may save the updated setup mentioned in the previous paragraph inside a physical device (drive) in order to save a backup copy of the program.
The services of assistance and maintenance will be provided using the methods that Applied considers most suitable for an individual basis.
Unless otherwise indicated by Applied, the client is obliged to Update the program by installing the updates and scrupulously following all instructions received from Applied. Otherwise Applied cannot guarantee the correct functioning of the program.
Applied will not under any circumstance be responsible for loss of profits, loss of productivity, general costs, missed payments, loss of earnings by the client or by third parties in any way connected to the use of the program and, in any case, for any form of cessation of profits, or indirect or consequential damage suffered by the client or by third parties.
ResponsibilitiesApplied will not, in any circumstance, be held responsible for damage. of any kind or nature that the client or third parties may suffer due to the use of the program, or, in other words, due to the omission of use or the defective functioning of the same, including in a purely indicative sense, any losses, alterations, or modifications of data and/or damage to hardware on which the program is installed or to other programs designed to operate concurrently with the program.
Applied Engineering Solutions is committed to meeting our customers’s expectations by supplying products and services that are reliable. meet functional requirements and are delivered on time.
To ensure we meet this commitment we use a quality management system that consists of effective and efficient business processes.
We are dedicated to the continuous improvement of this quality. system through measurement, analysis, and action.
We communicate our quality objectives and performance against these objectives throughout the company and to interested parties.
We encourage all our employees to use electronic communications instead. of paper to save planet, in addition that we update all our products. with new refrigerants that maximize energy efficiency and reducing the use of hazardous materials.
It is the responsibility of all our staff to work together to ensure We meet this commitment to quality at all stages of our contract:
Agreement with ClientApplied is constantly committed to guaranteeing its customers the maximum added value through the use of applied programs. News and database development updates to the latest versions of the fluid libraries, the latest refrigerants available, and a new archive components.
The technical support guarantees the customer to always use the software updated and to the best of its potential. This is made possible by Applied thanks to the release of updates two times during the year and solving if any bugs exit.
Technical support allows to obtain assistance in a project calculation, analysis of calculation outputs, management of technical program archives, installation support, and additional small changes and new features to the software as long as it takes small time up to one hour from our technical department.
We can support obtaining Eurovent certification or an AHRI certificate. which guarantees the performance of units to build clients’ trust and confirm the accuracy of company tests. Eurovent certification or The AHRI certificate includes a range of programs that cater for the majority of equipment used in refrigeration and air conditioning. It It is also important to note that products that have achieved Certification means that their manufacturer becomes a participant. So, to whomever is willing to certify his products, can support to obtain the certificates through our software.
These are the steps we can follow to help you with your certification :To ensure we meet this commitment we use a quality management system that consists of effective and efficient business processes.
We are dedicated to the continuous improvement of this quality system through measurement, analysis and action.
We communicate our quality objectives and performance against these objectives throughout the company and to interested parties.
We encourage all our employees to use electronic communications instead. of paper to save planet, in addition that we update all our products. with new refrigerants that maximize energy efficiency and reducing the use of hazardous materials.
It is the responsibility of all our staff to work together to ensure We meet this commitment to quality at all stages of the of the contract:
Agreement with Client