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End-User License Agreement

 

 

 

USER LICENSE AGREEMENT FOR ESTIMATING SYSTEMS

 

 

********************* PLEASE TAKE NOTE OF ITEM # 4 REGARDING cAN-SPAM AND FAX LAWS ******************

 

 

IMPORTANT-READ CAREFULLY: This User License Agreement (ULA) is a legal agreement between you or a single company and Construction Software Center, Inc. (Manufacturer) of the Estimating system software (SOFTWARE).  By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this ULA. If you do not agree to the terms of this ULA, The Manufacturer and it's Distributors are unwilling to license the SOFTWARE to you.  In such event, you may not use or copy the SOFTWARE, and you should promptly contact the Distributor or Manufacturer for instructions on return of the unused product for a refund.

 

SOFTWARE LICENSE

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. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

 

1. GRANT OF LICENSE. This ULA grants you the following rights:

 

Software Installation and Use. You may only install and use one copy of the SOFTWARE on the COMPUTER.

 

Storage/Network Use. The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices") . Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and peer web services of the SOFTWARE, if included.

 

Back-up Copy.  You may make a single back-up copy of the SOFTWARE. You may use the back-up copy solely for archival purposes.  Except as expressly provided in this ULA, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

 

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.

 

Rental. You may not rent, lease or lend the SOFTWARE.

 

SOFTWARE Transfer. You may permanently transfer all of your rights under this ULA only as part of a permanent sale, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this ULA, and the recipient agrees to the terms of this ULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.

 

Termination. Without prejudice to any other rights, the Manufacturer may terminate this ULA if you fail to comply with the terms and conditions of this ULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

 

Trademarks. This ULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer.

 

 

3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by Manufacturer as being eligible for the upgrade in order to use the SOFTWARE (Eligible Product).  A SOFTWARE labeled as an upgrade replaces and/or supplements the Eligible Product. You may use the resulting upgraded product only in accordance with the terms of this ULA.

 

4. By agreeing to this ULA, all users understand the Manufacture and or distributor may send upgrade information as well as other product information germane to the construction industry periodically by mail, fax, e-mail, telephone or personal contact. By accepting this ULA you are giving your personal prior expressed invitation and permission. To be removed from this list please call 888-356-6418.   

 

5. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by the Manufacture. You may not copy the printed materials accompanying the SOFTWARE. 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 ULA grants you no rights to use such content. All rights not expressly granted under this ULA are reserved by the Manufacture.

 

6. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE.

 

7. PRODUCT SUPPORT. Product support for the SOFTWARE is not provided by the Manufacture. For product support, please refer to your Distributor.  Should you have any questions concerning this ULA, or if you desire to contact Manufacturer for any other reason, please send a letter to the Manufacture in care of the Distributor.

 

8. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, or entity subject to U.S. export restrictions..

 

LIMITED WARRANTY.  Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt..  Any implied warranties or conditions on the SOFTWARE are limited to ninety (90) days.  Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

 

CUSTOMER REMEDIES.  The Manufacturer's, its Programmers and Distributors' entire liability and your exclusive remedy shall be, at Manufacturer's or Distributor's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to the Manufacturer or Distributor 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.

 

NO OTHER WARRANTIES.  To the maximum extent permitted by applicable law, the Manufacturer, its Programmers and Distributors disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and  the accompanying written materials.  This limited warranty gives you specific legal rights.  You may have others which vary from state/jurisdiction to state/jurisdiction.

 

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  To the maximum extent permitted by applicable law, in no event shall Manufacturer, its Programmers or Distributors be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer, its Programmers or Distributors have been advised of the possibility of such damages.  In any case, Manufacturer, its Programmers or Distributors entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

 


 

 

 

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