Software!" DS in Pennsylvania
"We're very impressed so far..." WS in Connecticut
"Runs Great. Helpful pointer buttons." RS in Colorado
"Great Program- 4 Stars- 2 Thumbs up!" MM in No. Carolina
All Rights Reserved
|SOFTWARE LICENSING AGREEMENT
This is a legal agreement between you as the licensee, either a person or entity, and AC Software Inc., a Washington State Corporation, herein referred to as ACS. The related ACS software program, entitled BeamChek(TM), referred to as the Software, is the product for which this agreement is concerned.
USE OF SOFTWARE PROGRAM DATA AND RESULTS. By acceptance of this license agreement, you indicate acknowledgment that the Software is technical in nature and is INTENDED AS A DESIGN TOOL FOR USE ONLY BY PERSONS COMPETENT IN STRUCTURAL DESIGN AND CONSTRUCTION PRACTICES. The Software is not a tutor for the novice, nor is it a substitute for the basic knowledge required to properly size and specify structural members. The end user must be familiar with the current building codes enforced in their jurisdiction, which may differ from the results produced by the Software. You must be able to knowledgeably input correct data and evaluate the Software results for suitability in the actual construction project.
Exception: Use of the Software by structural design novices is acceptable if the results are checked by a structural design professional who verifies and certifies the data entry and Software results to be accurate. Failure to do so may jeopardize the safety of the public at large and breaches a prime condition of this license, thus immediately terminating this license. You the licensee, assume full responsibility for the selection, installation, use, results, and application of the results of the Software.
GRANT OF LICENSE. A SINGLE USER ACS LICENSE grants a non-exclusive license to the licensee (a single person, or a single representative of an entity) for installation or use on ONE business computer and ONE home or notebook computer if the single user is the prime user of both. An ACS MULTI-USER SITE LICENSE grants a non-exclusive license to the licensee (a single person, or a single representative of an entity) for installation or use on up to ten computers at ONE site location only.
YOU MAY NOT COPY, MODIFY, DISTRIBUTE, OR TRANSFER THE SOFTWARE, OR A COPY THEREOF, EXCEPT AS EXPRESSLY STATED IN THIS LICENSE AGREEMENT. This software is licensed for use in the United States & Canada only.
REGISTRATION. The licensee must register with ACS within 30 days of purchase or may forfeit technical assistance by telephone and Software updates.
COPYRIGHT. Ownership of the software is retained by AC Software, Inc. and is protected under the copyright laws of the United States and international treaty provisions. All rights are reserved, except as expressly granted to you by this agreement. The licensee may not copy the software except to install it on a computer hard disk(s), as per the Grant of License above, plus make one archival ‘back-up’ copy marked with the AC Software copyright notice.
OTHER RESTRICTIONS. You may not rent or lease the Software, but you may transfer the license and Software on a permanent basis as long as the recipient agrees to the terms of this license and ALL copies of the Software (including updates and prior versions) plus all written materials (including a copy of this license) are transferred and the new licensee registers. You may not decompile, disassemble, reverse engineer, or create derivative works from the Software.
GOVERNMENT LICENSEE. If you are acquiring the Software on behalf of any agency or unit of the United States Government, the following provisions apply: The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-14(g)(3)(i).
LIMITED WARRANTY. ACS WARRANTS, AS THE SOLE WARRANTY, THAT THE SOFTWARE INSTALLATION DISK FURNISHED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND CONDITIONS AND THE SOFTWARE PROGRAM WILL SUBSTANTIALLY CONFORM TO THE PRODUCT DOCUMENTATION FOR A PERIOD OF SIXTY DAYS (60) FROM RECEIPT. ACS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR COMPLETELY ERROR FREE. IF THE INSTALLATION DISK OR SOFTWARE PROGRAM FAIL TO OPERATE WITHIN THE SIXTY DAYS, ACS WILL (AT OUR OPTION) EITHER REPLACE THE DEFECTIVE INSTALLATION DISK AND SOFTWARE OR REFUND THE FULL PURCHASE PRICE. CLAIMS RESOLVED BY A REFUND REQUIRE A RECEIPT OF PURCHASE AND THE PREPAID, INSURED RETURN OF THE SOFTWARE TO ACS. THE MAXIMUM LIABILITY ASSUMED BY ACS IS THE PURCHASE PRICE OF THE SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO OTHER WARRANTIES. WITH RESPECT TO THE SOFTWARE, ACS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
NO CONSEQUENTIAL DAMAGE LIABILITY. In no event shall ACS or anyone else involved in the creation, production, sale or delivery be liable for any direct, indirect, consequential, or incidental damages arising out of the use, the results of use, or inability to use the Software, even if ACS has been advised of the possibility of such damages or claim. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. ACS hereby disclaims the warranties of title and freedom from infringement of any patent, trademark or copyright with respect to information or products contained or referred to herein
TERM. This license agreement is effective until terminated. You may terminate it by destroying ALL copies of the Software. This license will also terminate if you fail to comply with any term or condition of this license agreement. You agree upon such termination to destroy all copies of the program.