iStruct® End User Software Licence Agreement
Upon opening iStruct® users will see this screen; and following is the full End User License Agreement
Calculated Structured Designs Inc.
End User Software License Agreement
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE AND INDICATING YOUR ACCEPTANCE OF THESE TERMS YOU, AND ANY PERSON WHO IS PROVIDED AUTHORIZED ACCESS OR USE OF THIS SOFTWARE ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS CONTRACT
This Calculated Structured Designs Inc. ("CSD") End User License Agreement (“EULA”) constitutes a legal agreement between you (either an individual or a single entity and includes all persons who you authorize access or use of)(“YOU”) and CSD and accompanies one or more CSD software products ("Software"). The term "Software" shall include the associated media and printed materials, (if any), any upgrades, modified versions, or updates of the Software licensed to YOU by CSD. This copy of the Software is licensed to YOU as the end user. Please read this Agreement carefully. If YOU do not understand and agree to the terms of this EULA, YOU should delete the Software from your computer and return the media it was delivered on to CSD. By installing, copying, or otherwise using this Software, YOU agree to be bound by the terms of this EULA. This Software is believed to be free of manufacturing defects to the physical media on which it is supplied at the time you receive it for a period of sixty (60) days. If this is not the case, you may return your copy of the Software to CSD within the sixty day (60) period and a replacement will be supplied.
CSD grants to YOU an agreed upon license to the use of this Software, provided that YOU agree to the following terms and conditions:
1. Use of the Software. YOU may: install the Software in a single location on a hard disk or other storage device or install and use the Software on a file server for use on a network by a single user for the purpose of permanent installation onto hard disks or other storage devices or use of the Software over such network; and make backup copies of the Software for archive purposes only. The Software is “in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) on that computer. This Software may only be in use by one person at one computer system (containing only one central processing unit) at one time. CSD expressly prohibits installing this Software on more than one computer if there is any chance that both copies will be used simultaneously unless appropriate licensing has been approved and agreed to by CSD in writing. This restriction also extends to installation on a network server, if more than one workstation will be accessing the Software. Except as previously described, YOU may not legally copy or distribute the Software, (which includes the documentation, object code and supporting programs), in whole or in part. All rights not specifically granted are reserved by CSD, the copyright holder.
2. Copyright. The Software is owned by CSD, and its structure, organization and code are the valuable trade secrets and intellectual property of CSD. The Software is also protected by Canada Copyright Law and International Treaty provisions. YOU agree not to rent, lease, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover the source code of the Software or any of its supporting files, under penalty of license termination but not exclusive of any other remedies. YOU may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. YOU agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software. YOU may not copy or allow others to copy any part of any printed material provided with the Software by any means, including data transmission or translation. Except as stated above, this Agreement does not grant YOU any intellectual property rights in the Software.
3. Transfer. YOU may not rent, lease, or sub-license the Software to any other person or entity without CSD’s prior written permission. YOU may, however, transfer or assign all your rights to use the Software to another person or entity, provided that you obtain prior written approval from an authorized officer of CSD, retain no copies, transfer this EULA with the Software to the transferee, and the transferee agrees to the terms of this EULA. If the Software is an update, any transfer must include the update and all prior versions. YOU hereby certify that neither the Software nor any written materials will be transmitted or forwarded outside of the country where the Software was delivered to YOU.
4. Property rights. The Software is a proprietary product of CSD and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. By virtue of this Agreement, you acquire only the non-exclusive right to use the Software and do not acquire any rights of ownership in the Software or the media upon which it is embodied. CSD shall at all times retain all rights, title, and interest in the Software and the media.
5. NO WARRANTY. EXCEPT AS REQUIRED BY APPLICABLE LAW AND SUBJECT TO ANY CONTRACTUAL LICENCE AGREEMENT UNDERWHICH THE SOFTWARE HAS BEEN DELIVERED TO THE END USER, CSD warrants that, for sixty (60) days from the initial delivery of Software and sixty (60) days from the date of any update or modification or technical support advice authorized by CSD, the Software shall operate substantially in accordance with the Documentation. In the event of any breach of the limited warranty provided in this Section, CSD shall use commercially reasonable efforts to modify or replace the Software or applicable component, as the case may be, to correct such defect. The warranties contained herein shall terminate and become void to the extent that any breach of such warranties arises from unauthorized modification made by the End User or any other third party to the Software. . The End User further acknowledges and agrees that, except as expressly set out herein, CSD is not responsible, and shall have no liability arising from hardware, software, incompatible operating systems or equipment or other items or any services provided by any persons other than CSD. Except as expressly set out herein, no oral or written information or advice given by CSD or its officers, directors or employees shall in any way extend, modify or add to the foregoing limited warranty.
IN NO EVENT WILL CSD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF THE USE OF OR INABILITY TO USE OR ACCURACY OF THE DATA GENERATED BY, AND/OR OUTPUT PRODUCED FROM THE SOFTWARE OR ANY KIND OR DOCUMENTATION EVEN IF CSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSD MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR DOCUMENTATION IS ERROR-FREE; AND (B) IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY TO CSD, FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE LICENSE FEES PAID TO CSD BY THE END USER FOR THE LICENSE OF THE SOFTWARE. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE USE OF THE SOFTWARE BY THE END USER. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6. ACKNOWLEDGEMENT. YOU, THE END USER, ASSUMES ALL RISK AS TO THE SUITABILITY, ACCURACY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. YOU, THE END USER, EXPRESSLY ACKNOWLEDGE, AGREE AND UNDERSTAND THAT YOU HAVE BEEN ADVISED TO SECURE PROFESSIONAL TECHNICAL AND/OR ENGINEERING EXPERTISE TO REVIEW AND CONFIRM THE APPROPRIATENESS AND ACCURACY OF ALL INFORMATION USED IN CONJUNCTION WITH THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL DATA INPUT AND DESIGN OUTPUT OF THE SOFTWARE. YOU, THE END USER, FURTHER AGREE THAT ALL DATA OUTPUT GENERATED BY THE SOFTWARE FOR THE SPECIFICATION OF STRUCTURAL MEMBERS IS PRELIMINARY UNTIL IT HAS BEEN REVIEWED AND CERTIFIED BY A “COMPETENT COMPONENT DESIGNER”. A “COMPETENT COMPONENT DESIGNER” IS DEFINED AS THE INDIVIDUAL OR ORGANIZATION LEGALLY RESPONSIBLE FOR THE DESIGN OF THE INDIVIDUAL BUILDING COMPONENT. THIS INDIVIDUAL OR ORGANIZATION SHALL MEET THE LEGAL REQUIREMENTS OF THE STATE, CITY, OR OTHER AGENCY WHICH EXERCISES LEGAL AUTHORITY OVER THE STRUCTURE WHERE THE COMPONENT IS TO BE USED, WHETHER OR NOT THIS INDIVIDUAL IS REQUIRED TO BE A REGISTERED PROFESSIONAL ENGINEER AS GOVERNED BY APPLICABLE LAW. FURTHER, YOU, THE END USER, AGREE THAT ALL DATA OUTPUT WILL BE CONSIDERED PRELIMINARY UNTIL REVIEWED AND CERTIFIED AS DESCRIBED ABOVE.
7. Governing Law and General Provisions. This EULA will be governed by the laws of the province of Alberta, excluding the application of its conflicts of law rules. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision or part of this EULA is found void and unenforceable, or declared invalid or illegal, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. YOU agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Canadian Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This EULA may only be modified in writing signed by an authorized officer of CSD.
8. Termination. This EULA shall automatically terminate if YOU breach any of the terms and conditions set forth herein. Upon termination of the EULA, YOU agree to return all copies of the Software and any written materials (in whatever form and media) to CSD and to certify in writing that all such copies have been returned and that any copy of the Software on any permanent storage media or memory has been permanently erased or destroyed.
Unpublished-rights reserved under the copyright laws of Canada. Should you have any questions concerning this EULA, or if you desire to contact CSD for any reason, an authorized officer of CSD can be found at:
Calculated Structured Designs Inc.