End user agreement for 185Graph
END-USER LICENSE AGREEMENT for Reckon It, Inc. 185Graph Software (revised April 12, 2006):
IMPORTANT — READ CAREFULLY: This End-User License Agreement "EULA" is a legal agreement between you (either an individual or a single entity) and Reckon It, Inc. for the software product 185Graph which may include associated media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, 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.
SOFTWARE LICENSE. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
-Installation and Use. Reckon It, Inc. grants you the right to install and use the "protected" TRIAL version of the SOFTWARE.
-One copy of the LICENSED version of the SOFTWARE PRODUCT may either be used by a single person who uses the software personally on a single computer, or installed on a single workstation used non-simultaneously by multiple people. You may not access the LICENSED version of the SOFTWARE PRODUCT through a network without the expressed written consent of Reckon It, Inc.
-Backup Copies. You may make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-Rental. You may not rent, lease, lend, or sublicense the SOFTWARE PRODUCT to third parties without the expressed written consent of Reckon It, Inc.
-Transfer. You may not transfer your rights under this EULA to third parties without the expressed written consent of Reckon It, Inc.
-Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. Any modification of the SOFTWARE PRODUCT shall remain the sole property of Reckon It, Inc. under federal and international copyright laws and treaties.
-Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties without the expressed written consent of Reckon It, Inc.
-Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
-Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
3. SUPPORT SERVICES. Reckon It, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Reckon It, Inc. as part of the Support Services, Reckon It, Inc. may use such information for its business purposes, including for product support and development. Reckon It, Inc. will not utilize such technical information in a form that personally identifies you.
4. ELECTRONIC SIGNATURE AND DELIVERY. The EULA and the SOFTWARE PRODUCT are packaged together in an install file, which requires review and acceptance of this EULA before the SOFTWARE PRODUCT can be be installed. When you click "I accept the agreement" you will be signing, and consenting to signing, the EULA electronically. A copy of the EULA is always accessible via the SOFTWARE PRODUCT help file and may be printed and retained for reference. By clicking "I accept the agreement", you will also confirm your understanding, acceptance, and receipt of the EULA and its terms and conditions, and you will acknowledge and demonstrate that you can access the EULA and any other electronic disclosures and information associated with the SOFTWARE PRODUCT. This is required in order to install the SOFTWARE PRODUCT.
5. TERMINATION. Without prejudice to any other rights, Reckon It, Inc. may terminate this EULA 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.
6. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Reckon It, Inc. All title and intellectual property rights in and to the content which 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 other intellectual property laws and treaties. This EULA grants you no rights to use such content. Reckon It, Inc. reserves all rights not expressly granted.
7. EXPORT RESTRICTIONS. You acknowledge that Software Product is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software 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.
8. NO WARRANTIES. To the maximum extent permitted by applicable law, Reckon It, Inc. and its suppliers provide the SOFTWARE PRODUCT and any (if any) Support Services related to the SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, and CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
This tool is suggested for professionals in the fields of loss control, risk management, safety engineering and the fire service. Although this is a useful tool for determining system adequacy and for developing solutions, it is not intended for system design. Users must have an understanding of hydraulics, automatic sprinkler system design and should be familiar with all applicable code requirements. A licensed automatic sprinkler contractor or professional engineer should be consulted before systems are installed or modified based on the output of this program.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. AS CONSIDERATION FOR THE GRANT OF THIS LICENSE, IN NO EVENT SHALL RECKON IT, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RECKON IT, INC. OR ANY SUPPLIER, AND EVEN IF RECKON IT, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Reckon It, Inc. and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. ENTIRE AGREEMENT. Except as provided in the Customer Account Agreement(s) between you and Reckon It, Inc., this EULA constitutes the entire agreement between you and Reckon It, Inc. with respect to the subject matter herein and may only be modified in writing and signed by you and a specifically authorized representative of Reckon It, Inc. No vendor, distributor, dealer, retailer or other person is authorized to modify this EULA or to make any representation or warranty concerning the SOFTWARE PRODUCT other than those specifically set forth in this EULA.
12. MISCELLANEOUS. If any provisions of this EULA are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. If you acquired this SOFTWARE PRODUCT in the United States, the laws of the State of Illinois govern this EULA. You agree that the laws of the State of Illinois and submit jurisdiction over any disputes arising under the purchase, use or collection of payment of the SOFTWARE PRODUCT shall be in the Circuit Court of Kendall County, Illinois. If this SOFTWARE PRODUCT was acquired outside the United States, and you are a foreign national, then you agree to submit to jurisdiction of any dispute arising under the purchase, use or collection of payment of this SOFTWARE PRODUCT shall be in the United States District Court for the Northern District of Illinois, Chicago, Illinois.
Should you have any questions concerning this EULA, or if you desire to contact Reckon It, Inc. for any reason, please write to us at:
Address: Reckon It, Inc.,
210 Mondovi Drive
Oswego, IL 60543