Builder Partners

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End-User License IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO SIGN UP FOR THE ESTIMATOR PARTNERS PROGRAM. BY REQUESTING AN ACCOUNT FOR THE ESTIMATOR PARTNER(TM) PROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS DESCRIBED BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON "DISAGREE" BELOW. END USER LICENSE AGREEMENT FOR ESTIMATOR PARTNERS(TM) 1. Acceptance By signing up for the Estimator Partners(TM) Program and, after being accepted into the Estimator Partners(TM) Program, by downloading the Estimator and related information from this web site, you acknowledge that you have read this license agreement (the "License Agreement"), understand its terms and agree to be bound by the terms and conditions contained in this License Agreement. If you do not agree with these terms and conditions, please click on "DISAGREE" below. 2. License In this License Agreement, you, the holder of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, Builder Partners, LLC, a Maine corporation ("Licensor") grants Licensee the non-exclusive, non-transferable license to use the Estimator Partners(TM) software ("Software") and documentation ("Documentation"), and related information ("Related Information"). In this License Agreement, the Software, Documentation, and Related Information and any copies or modifications are referred to as the "Licensed Product." The company providing the cost data is referred to as "Supplier". All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software and Related Information shall only be used on a single computer at one time. Additional licenses for more than one computer within the company may be granted by individual request. Licensee shall not transfer or distribute the Licensed Product to others, and Licensee's rights under this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy or modify the Licensed Product, except that Licensee may copy the Software for the sole purpose of a single backup as long as all copyright and other notices are reproduced and included on the backup copy. 3. Term The license is effective until terminated in accordance with this Agreement. You may terminate the license at any time by returning the Licensed Product to Licensor. Additionally, the license will terminate if you fail to comply with any of the terms and conditions of this Agreement. You agree to return to Licensor or destroy the Licensed Product upon any termination of the license. All other terms and conditions of this Agreement, including, without limitation, provisions relating to disclaimers of warranties, limitations of liability, remedies or damages and Licensor's proprietary rights, shall survive any termination of the license. 4. Object Code The Software is delivered in object code only. The Related Information is delivered as protected information only. Licensee shall not modify, translate, decompile, reverse engineer or disassemble the Software or Related Information. Licensee shall not create derivative works based upon the Licensed Product. 5. No Warranty THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONIFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE LICENSOR NOR THE SUPPLIER WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED ON OR ACCESSED BY OR THROUGH THE LICENSED PRODUCT OR THAT SUCH INFORMATION WILL BE AVAILABLE ON A TIMELY OR CONSISTENT BASIS. 6. Limitation Of Liability IN NO EVENT WILL LICENSOR, OR THE SUPPLIER, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR OTHER PECUNIARY LOSS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR INFORMATION CONTAINED ON OR ACCESSED BY OR THROUGH THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 7. General Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the laws of the State of Maine, United States of America, without regard to conflicts of law provisions. In the case of the United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and as applicable, This Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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