PRELIEN2LIEN SOFTWARE LICENSE AGREEMENT
(NOTE: FREE training is provided during the 5-day software demo period. Please call (800) 886-8770 Monday – Friday, 8AM – 4PM PST. You will have five days to evaluate PreLien2Lien at no charge. Your demo will turn off after five days. By purchasing the software your previous work during the demo period will subsequently be made available to you.
CURRENT ANNUAL SUBSCRIBERS
You have purchased a one year subscription license to use PreLien2Lien (the “Software” or the “Program”). You do not own the Software – the Software is licensed to you as a subscription for 365 days from your original date of purchase. Thirty days prior to the expiration of your subscription license, you will be sent an invoice for an Annual Subscription renewal. (PreLien2Lien:Lite-One State = $110), (PreLien2Lien:Lite-Regional = $165), (PreLien2Lien:Lite-USA = $220). (PreLien2Lien-One State = $220), (PreLien2Lien-Regional = $275), (PreLien2Lien-USA = $330). Upon payment, you will be sent an updated User Manual and Site License for use of the Software and free technical and training support by phone for another 365 days. Should you choose to not renew your annual license, the Software will deactivate at the end of 365 days.
This Program is intended to record information concerning construction projects, and to print notices for those projects. It is not intended to provide legal advice or to be a statement of applicable laws, rules, statutes or regulations. It is not a substitute for knowing and complying with the law. Consult an attorney if you have any questions concerning the law, or a particular project. You may use this software Program under the terms of the license agreement stated below and in the manual. [NOTE: USER MANUAL AND THIS LICENSE MUST BE SAME] You are not the owner of the Program nor do you have the right to alter the Software or copy it, except for backup purposes.
This Program may not be used in internet commerce without the express written consent from TRADITION SOFTWARE, INC.
SUMMARY VERSION (non-binding):
You have the right to one concurrent use per license. Additional user licenses can be purchased for a one-time fee of $100 per user by calling TRADITION SOFTWARE’s Sales Department at (800) 886-8770.
BY ACTIVATING THIS SOFTWARE, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CALL OR EMAIL FOR ACTIVATION CODES; RETURN ALL SOFTWARE ITEMS TO THE VENDOR FROM WHOM IT WAS PURCHASED.
1. LICENSE GRANT. Tradition Software, Inc., a California corporation (“Licensor”) hereby grants you a nonexclusive license to use its software product (“the Software”) for the purpose of YOUR INDIVIDUAL USE, subject to the following conditions:
1.1. You may use the Software subject to the terms and conditions of this License for your personal or your business use. You may copy the Software for archival purposes only and any copy you make must retain all of the original copyright and trademark notices.
1.2. You may not modify, reverse engineer, or decompile the Software or create derivative works based on the Software. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Software to any other person or entity or make any other commercial use of the Software. You must retain all copyright and trademark notices on the Software and take reasonable steps to protect Licensor’s intellectual property rights. Except as specifically set forth in this Agreement, Licensor owns and retains all right, title, and interest in the Software and any and all related materials. This Agreement does not transfer any ownership rights in the Software or any related materials to you or to any third party.
2. WARRANTY. Licensor warrants that it is the owner of the Software or has the right to grant the license described in this Agreement without violating the rights of any third party and the media containing the Software shall be free from defects for a period of 90 days from the date of purchase of the Software, provided that this warranty does not cover defects in the diskettes due to user’s misuse or an accident subsequent to delivery.
THIS SOFTWARE IS SOLD AS IS AND WITH ALL FAULTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT DESCRIBED ABOVE IS WITH THE BUYER. SHOULD SUCH PRODUCT PROVE DEFECTIVE FOLLOWING PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
3. DISCLAIMER. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WARRANTIES IN PARAGRAPH 2 ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY DAMAGES OF ANY KIND ARE AWARDED, YOU AGREE THAT THE MAXIMUM AMOUNT OF SUCH DAMAGES SHALL BE THE ORIGINAL PURCHASE PRICE OF THIS SOFTWARE LICENSE.
5. TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.
6. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded, exported, or reexported into any country to which the United States (“U.S.”) has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By installing and activating the Software, you are agreeing to the foregoing and you are representing and warranting that you are not a national or resident of, or located in or under the control of, any country subject to such export controls.
7. RESTRICTED RIGHTS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, or subparagraph (d) of the Commercial Computer Software—Licensing at NASA FAR Supplement 16-52.227-86, or their equivalent, as applicable.
8. ARBITRATION OF DISPUTES. Any claim or controversy arising out of, or relating to, any provision of this Agreement, or the breach thereof, shall, upon written demand of any party, be settled by arbitration in accordance with the Commercial Arbitra¬tion Rules then in effect with the American Arbitration Associa¬tion, to the extent consistent with the laws of the State of California, and judgment upon the award rendered by the arbiter(s) may be entered in any court having jurisdiction thereof. Arbitration shall be held in the County of Sacramento, California.
9. ATTORNEYS’ FEES. Should any arbitration or litiga¬tion be commenced between any of the parties hereto, or their personal representatives, concerning any provision of this Agree¬ment or the rights and duties of any person relative thereto, the prevailing party shall be entitled to recover, as an element of his costs of suit and not as damages, reasonable attorneys’ fees to be fixed by the arbiter(s) or the court, as the case may be. The “prevailing party” shall be the party who entitled to recover his costs of suit, whether or not the suit proceeds to final judgment.
10. MISCELLANEOUS. This Agreement represents the complete agreement between the parties concerning the Software and this license, and supersedes any and all prior agreements or representations. This Agreement may only be amended by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as if this Agreement had been entered into in between California residents and fully performed within California.
11. AGREEMENT OF LICENSEE. By installing and activating the Software, I agree to the above terms.