IF YOU DO NOT AGREE WITH THE TERMS, CONDITIONS, AND RECITALS OF THIS AGREEMENT, PLEASE REMOVE ALL OF THE LICENSED PRODUCT INSTALLED ON YOUR COMPUTER AND RETURN THE ENTIRE PACKAGE FOR A REFUND: CRAFTSMAN BOOK COMPANY (“CRAFTSMAN”) AT 6058 CORTE DEL CEDRO, CARLSBAD, CA 92009.
1. Licensed ProductThe term "Licensed Product" means The National Estimator and/or Construction Contract Writer program, accompanying instructional materials, and all data and compilations therein. The Licensed Product is licensed (not sold) to you. Craftsman Book Company ("Craftsman") owns all copyright, trademarks, trade secret, patent, and other proprietary rights in the Licensed Product. Without limiting the generality of the foregoing, the product and pricing data and compilations contained in the Licensed Product are trade secrets belonging to Craftsman.
2. Grant of LicenseCraftsman grants to you ("Licensee"), and Licensee accepts from Craftsman, a renewable, nonexclusive, nontransferable, and non-sub-licensable license to use the Licensed Product on a single computer for use only by Licensee and only pursuant to the terms and conditions hereof. You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared. Licensee may make one CD/DVD copy of the CD disk on which the Licensed Product is embodied for back-up purposes only. Craftsman may terminate the license granted hereunder for any reason at any time, and this license will automatically and immediately terminate if Licensee breaches any of the terms or conditions of the license or the warranties contained in Paragraph 4 below. In the event of termination, Licensee will immediately cease using the Licensed Product and will immediately remove all portions of the Licensed Product installed on Licensee’s computer and return the package to Craftsman at the address shown above.
3. RestrictionsLicensee may not: (1) copy, distribute, rent, lease, or sublicense all or any portion of the Licensed Product; (2) modify or prepare derivative works based on the Licensed Product; (3) use the Licensed Product in a computer-based services or database business or publicly display visual output of the Licensed Product; (4) transmit the Licensed Product over a network, by telephone, or electronically using any means; (5) merge the Licensed Product with any other product or work of authorship; (6) use or disclose the product and data and compilations, except in connection with the permitted purposes stated below in Paragraph 4; or (7) reverse engineer, decompile or disassemble the Licensed Product. Licensee agrees to keep confidential and use his/her best efforts to prevent and protect the contents of the Licensed Product from unauthorized disclosure or use. These restrictions and covenants apply not only to the Licensed Product as a whole but also to any portions thereof.
4.Purposes and Prohibitions
The only purpose of this license is to give Licensee the opportunity to estimate work, goods and services intended for use on specific construction, repair, remodeling, and maintenance projects undertaken by Licensee, Licensee’s employer or Licensee’s client. Licensee, therefore, warrants that she/he or his/her employer (1) is using the Licensed Product only to get estimates for work, goods and services intended for use on specific construction, repair, remodeling, or property maintenance project(s) undertaken or to be undertaken by Licensee, his/her employer or client; (2) is not preparing an estimating database or gathering competitive and market data; and (3) is not, directly or indirectly, acting for (a) any competitor of Craftsman Book Company, (b) any company hired by a competitor of Craftsman Book Company or (c) for any information gathering business or company. Full compliance with such warranties is a condition of any license granted to Licensee. Any use of the Licensed Product not expressly permitted hereunder or in breach of Licensee’s warranties made in this paragraph is a violation of this Agreement, and Craftsman shall be entitled to immediate preliminary and permanent injunctive relief to stop such use without posting a bond, in addition to any other remedies, including damages, to which Craftsman may be entitled. Moreover, any use, compilation, or communication of the product and pricing data contained in the Licensed Product violates the trade secret rights of Craftsman unless done specifically for the limited purposes warranted above in this paragraph.
5.Warranty
For 90 days from the date of shipment or purchase, Craftsman warrants that the media (e.g., the CD-ROM) on which the Licensed Product is contained will be free from defects in materials. This warranty does not cover damages caused by improper use or neglect. Craftsman does not warrant the contents of the Licensed Product or that the contents will be error free. The Licensed Product is furnished "AS IS" and without warranty as to the performance or results Licensee may obtain using the Licensed Product. The entire risk as to the results and performance of the Licensed Product is assumed by Licensee. To obtain warranty services during the 90-day warranty period, you may return the Licensed Product (postage paid) with a description of the problem to Craftsman. As Licensee's sole remedy hereunder, the defective media in which the Licensed Product is contained will either be replaced at no additional charge to you, or at Craftsman's sole option, you will receive a refund for the amount you paid for the Licensed Product returned.
6.Disclaimer of Other Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH 3 REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CRAFTSMAN DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or consequential damages, so the above exclusion may not fully apply to you.
7.Limitation of Liability
IN NO EVENT WILL CRAFTSMAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, DELAY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DIRECT OR INDIRECT PROFITS, REVENUE, OR USE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. ALSO, IN NO EVENT WILL CRAFTSMAN'S AGGREGATE LIABILITY EXCEED ALL AMOUNTS ACTUALLY PAID SPECIFICALLY FOR THE USE OF THE LICENSED PRODUCT OR THE SUM OF $25, WHICHEVER IS MORE, REGARDLESS OF THE FORM OF OR BASIS FOR THE CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE. Some states do not allow the exclusion of implied warranties or consequential damages, so the above exclusion may not fully apply to you.
8.Applicable Law and Dispute Resolution
This License Agreement shall be construed and governed by the internal laws of the State of California without regard to choice of law or conflict of law principles. Nothing in this License Agreement shall be construed more strongly against Craftsman or more favorable to Licensee on the basis of draftsmanship or the undertaking of an obligation. At Craftsman's sole option, any dispute arising under this Agreement shall be submitted to binding arbitration conducted in English in accordance with the commercial rules of the American Arbitration Association in San Diego County, California, and judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction in the State of California.
9.Limitation Period
LICENSEE MAY NOT COMMENCE AN ARBITRATION PROCEEDING OR OTHER ACTION AGAINST CRAFTSMAN UNDER THIS AGREEMENT OR ARISING FROM THE USE OF THE LICENSED PRODUCT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ARISES.