» version 5.06 - posted on 2010-04-09
New landscape design features and enhancements
EULA - End User License Agreement
SOFTWARE LICENSE AGREEMENT
Important: This is a legal agreement between you and Idea Spectrum, Inc. ("Licensor"). The Software that you have downloaded or that you have obtained at retail ("the Software") is distributed subject to license. If you are obtaining a license on behalf of an organization, you confirm that you have the authority to bind the organization and that the organization will be bound by these terms, and the term "you" shall then refer to you and your organization. Do not use the Software unless and until you have carefully read and agreed to the terms of this Agreement. Installing or using the Software (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained herein. If you purchased a copy of the Software at retail and you do not agree with these terms, return the Software and accompanying items to the place of purchase within thirty (30) days of purchase and your money will be refunded. This Agreement sets forth the terms and conditions for licensing of the Software from Licensor.
License and Certain Restrictions: You are granted a non-exclusive non-transferable non-sublicensable license to use one copy of the Software in object code format only on one computer or terminal at any one time and to create landscape design images and to display, copy and distribute such landscape design images freely. Although you are encouraged to make a backup copy of the Software for your own use, you are not allowed to make more than two copies for backup purposes. The Software (including, but not limited to, any images, icons, graphics, animations, video, audio, music, help files, and text incorporated into the Software or accompanying the software) is protected by copyright laws. Except as otherwise explicitly permitted herein, you may not give copies of the Software to another person, or duplicate the Software by any other means, including electronic transmission. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation for any purpose other than your own personal use. You may not remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software. The Software contains trade secrets, and you may not decompile, reverse engineer, or disassemble the Software. You may not use the Software to operate a service bureau or provide the software as a service. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell, distribute, or network the Software, disk, or related materials or create derivative works based upon the Software or any part thereof. Any software that updates, supplements or replaces the original Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict or as otherwise provided in such separate terms. Licensor reserves all rights not explicitly granted to you herein.
Ownership. The Software is owned by Licensor and its licensors and is protected by copyright and other intellectual property laws and treaties. Licensor and its licensors own all right, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
Warranty: The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship, assuming proper use, for a period of ninety (90) days from date of purchase. If such defect occurs during this period, you may return your faulty disk to Licensor, along with a dated proof of purchase and Licensor will replace it free of charge. After ninety (90) days, you may obtain a replacement by sending your defective disk and a check for twelve dollars and ninety five cents ($12.95 US) to Licensor. Washington state residents, please add 8.8% sales tax.
Your sole and exclusive remedy for any breach of representation or warranty is that Licensor will refund your payment upon your return of the Software and all related materials, with a copy of your receipt.
EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE AND ANY TECHNICAL SUPPORT IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS AND SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR ANY OTHER DEFECTS, AND LICENSOR SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE. LICENSOR DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE ACCURACY AND TIMELINESS OF THE DATA CONTAINED IN THE SOFTWARE AND LICENSOR SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU, OR TO ANY OTHER PARTY, ON ACCOUNT OF ANY INACCURACIES IN OR UNTIMELINESS OF THE DATA, OR FOR ANY DELAY IN REPORTING SUCH DATA CONTAINED IN THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY ACCIDENT, ABUSE, MISHANDLING, ALTERATION, OR IMPROPER USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Certain Limitations: Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. The Software is for visualization purposes only. It may not be exact or accurate. It is no substitute for professional services. Licensor's support technicians are not licensed contractors, electricians, landscape design or landscape architect professionals. The Software does not incorporate building codes or ordinances that control placement of utilities, swimming pool fences or other objects or services. YOU SHOULD REVIEW ALL APPLICABLE CODES AND ORDINANCES AND YOU RELEASE AND INDEMNIFY LICENSOR AGAINST ANY CLAIMS THAT LICENSOR SHOULD COMPLY OR SHOULD HAVE COMPLIED WITH SAME.
Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONNECTIVITY, LOSS OF LABOR OR OPPORTUNITY, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Licensor and you. Licensor would not be able to provide this product at the price you paid without such limitations.
Miscellaneous: You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and Licensor, and that it supersedes any prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement shall not, however, limit any rights that Licensor may have under trade secret, trademark, copyright, patent, or other laws. The agents, employees, distributors, and dealers of Licensor are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Licensor. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not constitute representations or warranties by Licensor and they are hereby disclaimed. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision shall be enforced to the extent enforceable and the d remaining provisions will continue in full force and effect, unless the failure to enforce the entire provision would result in denying to either party the basis of the bargain entered into herein, in which case this license shall automatically terminate, you shall be entitled to a full refund and you shall return all copies of the Software and related materials to Licensor. The validity and performance of this Agreement shall be governed by Washington state law (without reference to choice of law principles), except as to those matters governed by Federal law. This Agreement is deemed entered into in Pierce County,, Washington, and jurisdiction for resolution of any disputes shall reside solely in the state courts located in Pierce County, Washington and federal courts of the Western District of Washington. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.