Download MASTER END-USER LICENSE AGREEMENT

MASTER END-USER LICENSE AGREEMENT
Bid4Build Construction Estimating Software,
Craftsman Cost Information and Takeoff Live
Software
IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either as an individual, company, or
a single entity) and Bid2Build or Bid4Build Enterprises, LLC. <<Bid4Build is the
newly branded product name replacing Bid2Build. Bid2Build Enterprises, LLC
will be referred to in this agreement as (“Bid4Build”).>> “Bid4Build” for the
Bid4Build software products identified above, which includes computer software
and may include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also
includes any updates and supplements to the original SOFTWARE PRODUCT
provided to you by Bid4Build. Any software provided along with the SOFTWARE
PRODUCT that is associated with a separate end-user license agreement is
licensed to you under the terms of that license agreement. By installing, copying,
downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. If you do not agree to the terms of
this EULA, do not install or use the SOFTWARE PRODUCT. Bid4Build may
amend this EULA at any time, and your continued use of the SOFTWARE
PRODUCT will constitute acceptance of the amended terms.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT may be protected by copyright laws and
international copyright treaties, as well as trade secrecy rights, and other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.
1. GRANT OF SINGLE SITE LICENSE. This EULA grants you the following
rights:
o Applications Software. You may install, use, access, display, run,
or otherwise interact with ("RUN") one copy of the SOFTWARE
PRODUCT, or any prior version for the same operating system, on a
single computer, workstation, terminal, or other digital electronic
device ("COMPUTER").
o
Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network
server, used only to RUN the SOFTWARE PRODUCT on your other
COMPUTERS over an internal network; however, you must acquire
and dedicate a license for each separate COMPUTER on which the
SOFTWARE PRODUCT is RUN from the storage device. A license
for the SOFTWARE PRODUCT may not be shared or used
concurrently on different COMPUTERS.
o
Reservation of Rights. All rights not expressly granted herein are
fully reserved by Bid4Build.
o
Personal and Non-Commercial Use Only. You may use the
SOFTWARE PRODUCT for personal use only. No commercial
application of the SOFTWARE PRODUCT is authorized hereby.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
o
Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by separate express
written agreement with Bid4Build or under applicable law
notwithstanding this limitation.
o
Separation of Components. The SOFTWARE PRODUCT is
licensed as an integrated single product. Its component parts may
not be separated for use on more than one COMPUTER.
o
Trademarks. This EULA does not grant you any rights in connection
with any trademarks or service marks of Bid4Build.
o
Rental. You may not rent, lease, or lend the SOFTWARE
PRODUCT to others.
o
Support Services. Bid4Build may provide you with support services
related to the SOFTWARE PRODUCT ("Support Services"). Use of
Support Services, if any, is governed by the Bid4Build policies and
programs described in the user manual, in "online" documentation,
and/or in other Bid4Build provided materials. Any supplemental
software code provided to you as part of the Support Services shall
be considered part of the SOFTWARE PRODUCT and is subject to
the terms and conditions of this EULA. Upgrades and/or
modifications to the SOFTWARE PRODUCT may be accomplished
remotely by Bid4Build from time to time, and you consent to such
upgrades or modification by installing the SOFTWARE PRODUCT.
With respect to technical information you provide to Bid4Build as part
of the Support Services, Bid4Build may use such information for its
business purposes, including for product support and development.
Bid4Build will not utilize such technical information in a form that
personally identifies you. Notwithstanding anything to the contrary
written above, requests by a licensee for “support services” is strictly
limited to communication via email.
o FEE-BASED SOFTWARE SUPPORT AND SERVICE PROGRAMS.
The Fee-based software support and service programs provided are
"as is" without warranty of any kind. Bid4Build does not warrant that
the support and services provided will meet company's requirements,
that the support and services will result in error-free solutions, or that
defects in any licensed software can be corrected. Furthermore,
Bid4Build does not warrant or make any representations regarding
the use or the results of the support or services contained in the
programs in terms of correctness, accuracy, reliability, or otherwise.
Bid4Build may from time to time discontinue products and versions,
stop supporting discontinued products and versions or discontinue
any or all support services. Bid4Build additionally reserves the right
to discontinue support or service to any individual or organization
who abuses any support program, including but not limited to
excessive support requirements which in the judgment of Bid4Build
constitutes abuse. We additionally reserve to right to limit fee-based
support programs to licensed installation assistance or product
related issues which result in the inability to use the product as
advertised. Product usage questions are not included in the feebased support but rather are addressed through our advertised
orientation or training services which may also be provided as fee-
based services. Questions relating to external functionality such as
operating systems, development environments, third-party products
or various Windows technologies are not included. Questions
related to the relocation, misuse, accidental damage, modification, or
the use of the SOFTWARE PRODUCT with computer hardware or
materials which do not meet Bid4Build’s specifications or license
restrictions are not included. No Oral or written information or advice
given by Bid4Build or its authorized representatives shall create a
warranty or in any way increase the scope of this warranty. To the
maximum extent permitted by applicable law, Bid4Build further
disclaims all warranties, including without limitation any implied
warranties of merchantability, fitness for a particular purpose, title
and no infringement. The entire risk arising out of the use or
performance of the support or services remains with recipient. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL BID4BUILD OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING AS A RESULT OF PROVIDING SUPPORT OR
SERVICES OR THE USE OF OR INABILITY TO USE THE
SUPPORT OR SERVICES, EVEN IF BID4BUILD HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 RECIPIENT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN NO
EVENT SHALL BID4BUILD BE LIABLE TO RECIPIENT FOR ANY
CLAIM IN TORT, CONTRACT, EQUITY OR OTHERWISE ARISING
IN CONNECTION WITH THIS AGREEMENT EXCEEDING IN THE
AGGREGATE THE AMOUNT PAID FOR THE SUPPORT OR
SERVICES.
o
Upgrades. If the SOFTWARE PRODUCT is labeled as an upgrade,
you must be properly licensed to use a product identified by
Bid4Build as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an
upgrade replaces and/or supplements (and may disable) the product
that formed the basis for your eligibility for the upgrade. You may
use the resulting upgraded product only in accordance with the terms
of this EULA. If the SOFTWARE PRODUCT is an upgrade of a
component of a package of software programs that you licensed as a
single product, the SOFTWARE PRODUCT may be used and
transferred only as part of that single product package and may not
be separated for use on more than one computer. Any and all costs
associated with upgrades of the SOFTWARE PRODUCT are at the
sole discretion of Bid4Build and may change at any time.
o
Software Transfer. The initial licensee of the SOFTWARE
PRODUCT may make a one-time permanent transfer of this EULA
and SOFTWARE PRODUCT only directly to an end user,
subsequent to request of such transfer to Bid4Build and consent
thereby granted by Bid4Build. This transfer must include all of the
SOFTWARE PRODUCT (including all component parts, the media
and printed materials, any upgrades, and this EULA). Such transfer
may not be by way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with the
terms of this EULA, including the obligation not to further transfer this
EULA and SOFTWARE PRODUCT.
o
Termination. Without prejudice to any other rights, Bid4Build may
terminate this EULA and the license granted hereby if you fail to
comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE PRODUCT and all of
its component parts.
1. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Bid4Build or its suppliers. All title and
intellectual property rights in and to the content that may be accessed
through use of the SOFTWARE PRODUCT 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. If this SOFTWARE PRODUCT contains documentation that is
provided only in electronic form, you may print one copy of such electronic
documentation.
2. CHANGES IN OPERATING ENVIRONMENT. Bid4Build shall not be
responsible for problems caused by changes or failures in the operating
characteristics of the HARDWARE, or for problems in the interaction of the
SOFTWARE PRODUCT with non-Bid4Build-SOFTWARE or HARDWARE
PRODUCTS. A description of the suggested operating environment and
system requirements to run the Bid4Build application are available directly
from the Bid4Build website.
3. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT
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 your single
COMPUTER. You may not RUN the other medium on another COMPUTER.
You may not loan, rent, lease, or otherwise transfer the other medium to
another user, except as part of the permanent transfer (as provided above) of
the SOFTWARE PRODUCT.
4. BACKUP COPY. After installation of one copy of the SOFTWARE
PRODUCT pursuant to this EULA, you may keep the original media on which
the SOFTWARE PRODUCT was provided by Bid4Build solely for backup or
archival purposes. If the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE
PRODUCT solely for backup or archival purposes. Except as expressly
provided in this EULA, you may not otherwise make copies of the
SOFTWARE PRODUCT or the printed materials accompanying the
SOFTWARE PRODUCT.
5. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S.
origin. You agree to comply with all applicable international and national laws
that apply to the Product, including the U.S. Export Administration
Regulations, as well as end-user, end-use and destination restrictions issued
by U.S. and other governments.
6. MISUSE of SOFTWARE PRODUCT. The licensee as well as all users of the
SOFTWARE PRODUCT warrant and represent that the SOFTWARE
PRODUCT will be used in accordance with all laws, rules, and regulations of
applicable governmental authorities. Misuse of the rights licensed hereunder
may result in the termination of this license, with full reservation of rights in
Bid4Build.
7. PRODUCT PRICING. Any and all costs associated with the SOFTWARE
product, upgrades, fixes or services are at the sole discretion of Bid4Build
and may change at any time.
MISCELLANEOUS
Should you have any questions concerning this EULA, or if you desire to contact
Bid4Build for any reason, please email [email protected].
LIMITED WARRANTY
1. NO WARRANTY. BID4BUILD PROVIDES THE SOFTWARE "AS IS"
WITHOUT WARRANTY. BID4BUILD DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER NO CIRCUMSTANCES SHALL BID4BUILD BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF THE SOFTWARE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME,
PURCHASERS TIME, THE CLAIMS OF THIRD PARTIES, INCLUDING
CUSTOMERS, AND INJURY TO PROPERTY.
2. LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF
RISK. IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR
CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT,
BID4BUILD'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE SOFTWARE
PRODUCT AND FIVE US DOLLARS (USD$5.00). BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. DISCLAIMER OF WARRANTIES. THIS WARRANTY CONTAINS THE
ENTIRE WARRANTY AND SHALL BE IN LIEU OF ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR
LIABILITIES ON THE PART OF BID4BUILD. BID4BUILD MAKES NO
OTHER WARRANTIES. BID4BUILD NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS
BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO
ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING
THIS SOFTWARE PRODUCT.
4. CUSTOMER REMEDIES. BID4BUILD’S SOLE REMEDY IS THAT THE
SOFTWARE WILL CONFORM AS TO ALL SUBSTANTIAL OPERATIONAL
FEATURES TO BID4BUILD’S CURRENT PUBLISHED SPECIFICATION
WHEN INSTALLED AND WILL BE FREE OF DEFECTS WHICH
SUBSTANTIALL AFFECT SYSTEM PERFORMANCE. LICENSEE MUST
NOTIFY BID4BUILD, IN WRITING, WITHIN 10 DAYS AFTER PURCHASE
OF ANY CLAIM DEFECT. IF THE SOFTWARE IS FOUND TO BE
DEFECTIVE BY BID4BUILD, BID4BUILD’S SOLE OBLIGATION UNDER
THIS WARRANTY IS, AT ITS OPTION TO REPAIR, OR REPLACE THE
DEFECTIVE COMPONENT OR TO OTHERWISE REFUND THE
PURCHASE PRICE PAID.
DISPUTES AND CHOICE OF LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES
OF AMERICA AND THE STATE OF PENNSYLVANIA AND ANY PROCEEDING
SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT
JURISDICTION IN BOOTHWYN, PENNSYLVANIA OR SURRONDING
CLOSEST PROXIMITY THEREOF.
AGREEMENT INFERRED
BY ACCEPTING THE SOFTWARE PRODUCT YOU ARE DEEMED TO HAVE
ACCEPTED EACH AND EVERY TERM OF THIS EULA. ANY TERM OR
CONDITION ACCOMPANYING ANY ORDER FOR THE SOFTWARE
PRODUCT CONTRARY TO THE TERMS AND CONDITIONS OF THIS EULA IS
REJECTED, AND THE TERMS OF THIS EULA SHALL BE DEEMED TO
GOVERN NOTWITHSTANDING.
The Software Product and the terms of this EULA are fully subject to all laws, rules, and
regulations of governmental agencies having jurisdiction over the same. Accordingly the
Software Product may accordingly be withdrawn, modified, or altered by Bid4Build at any
time, including via remote access to the Software Product.