MASTER END-USER LICENSE AGREEMENT
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1. 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 inc2. CT 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
3. CUMSTANCES 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 PURPO
4. 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 lt lt Bid4Build is the newly branded product name replacing Bid2Build Bid2Build Enterprises LLC will be referred to in this agreement as Bid4Build gt gt 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 protec
5. RTING 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 l
6. RVICES 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 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 Software Transfer The ini
7. aws 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
8. 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 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 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 support Bid4Build com 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 CIR
9. luded in the fee based 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 SE
10. ted 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 ona 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 PRODU
11. ther 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 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 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 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
12. tial 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 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 o
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