LICENSE AGREEMENT
Vertigraph, Inc. Program License 12959 Jupiter Road, Suite 252 Dallas, TX 75238
Carefully read the following terms and conditions before using the BidScreen XL or BidScreen Lite program. Use of the program indicates your acknowledgment that you have read this license, understand it, and agree to be bound by its terms and conditions.
Vertigraph, Inc. (“Licenser”) grants to the purchaser of the BidScreen XL Software License (“Licensee”) a non transferable license to use BidScreen XL (“Licensed Software”). Use of the Licensed Software is limited to a single terminal connected to a single computer unless multiple licenses were acquired. Your right to use the Licensed Software terminates upon the violation of any provision of this License. The Licensed Software is the BidScreen XL and/or BidScreen Lite computer program which includes, without limitation, any form of the programs, copies, modifications, enhancements, revisions and updates thereof, source code, sample workbook(s), utility programs, visual/written materials and any other documentation. Until you obtain a serial and registration number from Licenser, you agree that the BidScreen XL software is used for the purpose of evaluating the software only and not for the production of income. After obtaining a registration number and becoming a licensed user of the BidScreen XL software, the Licensee agrees that Vertigraph’s annual training, support and enhancement program entitled Full_Serve will be maintained at the agreed upon annual fee. Licensee may not de-compile the Licensed Software from object code to source code or cross compile or otherwise adopt or modify the Licensed Software. You may modify the sample Excel estimating workbooks included with the Licensed Software however. You agree to take all necessary steps to ensure that the provisions of this License are not violated by you or any person under your control or in your service. You may transfer the Licensed Software to a single hard disk. Licenser shall have sole and exclusive ownership of all rights, title and interest in and to the Licensed Software and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto). This agreement does not provide Licensee with title or ownership of the Licensed Program, but only a right of use.
Disclaimer and Limitation of Liability: Due to the complex nature of computer software, Vertigraph, Inc. does not warrant that the Licensed Software is completely error free, will operate without interruption, or is compatible with all equipment or software configurations.
Neither Vertigraph, Inc. nor anyone else who has been involved in the creation, production or delivery of the programs or documentation shall be liable to you for any damages of any type, including but not limited to, any lost profits, lost savings, loss of anticipated benefits, or other incidental or consequential damages arising out of contract, negligence, or under any warranty even if Vertigraph, Inc. has been advised of the possibility of such damages or for any other claim by any other party. Licenser’s liability for damages in no event shall exceed the licensee fee paid for the right to use the licensed software.
Vertigraph, Inc. provides the licensed software “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for any particular purpose. Some states do not allow disclaimer of express or implied warranties in certain transactions; therefore, this statement may not apply to you. Furthermore, Vertigraph, Inc. reserves the right to revise the Licensed Software and documentation and to make changes from time to time to the content thereof without obligation of Vertigraph, Inc. to notify any person of such revision or changes.
The agents, distributors, employees and dealers of Vertigraph are not authorized to modify this Agreement or to make statements, representations or terms binding Vertigraph, Inc. Accordingly, any statements, representations or terms not made or given directly or expressly by Vertigraph are not binding on Vertigraph, Inc.
It is agreed that the laws of the State of Texas shall govern this Agreement. The parties also agree that they will endeavor to settle any dispute controversy or claim arising out of or relating to this license, which they are unable to settle through direct negotiations, by mediation administered by a mutually agreeable mediator under reasonable mediation rules before resorting to arbitration, litigation, or other dispute resolution procedure.
Copyright – This program and related documentation is the confidential and proprietary product of Vertigraph, Inc. Any unauthorized use, reproduction or transfer of this program, trade secrets and/or documentation is strictly prohibited and subject to criminal prosecution. Copyright 1995-2008 by Vertigraph, Inc. All rights reserved.
