End User Licensing Agreement
EULA - End User Licensing Agreement
By purchasing one or more of our online products, you agree to the terms of Craftsman Engineering's EULA.
Under the terms of this Agreement, you agree to the following:
- LICENSE Craftsman Engineering grants you, the Licensee, a non-exclusive and non-transferable license ( the "License" ) to use any of the digital products ( the "Product" ) presented here in the Craftsman Engineering's Online Store.
- PRODUCT "Product" includes Cabinet Vision custom reports, UCS's, Libraries, Catalogs, schedules, proprietary videos, rate tables, and any other "importable" file or product that has been created by Craftsman Engineering for use within the framework of Cabinet Vision as well as supporting documentation and other supporting files that may accompany the product.
- Copyright, intellectual property rights and distribution rights of the Product remain exclusively with Craftsman Engineering. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Product.
- The Product may be loaded/imported onto as many computers as licensed for Cabinet Vision within the scope of the end user's company. In other words, you may install our products on any and all of your company computers that are licensed to run Cabinet Vision.
- The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Product for use by one or more third parties.
- The Product may not be modified, or "re-arranged" or embellished for the purposes of intentionally masking or hiding the authorship of the product.
- The Product may be modified, or "re-arranged" or embellished for the purposes of integrating the product with the Cabinet Vision environment of the user. Public variables and "hard-coded values" may be modified as deemed necessary by the user.
- Failure to comply with any of the terms under this License will be considered a material breach of this Agreement.
- LICENSE FEE The purchase price of the product(s) paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
- LIMITATION OF LIABILITY The Product(s) are provided by Craftsman Engineering and accepted by the Licensee as evidenced by the purchase of the Product(s). Liability of Craftsman Engineering will be limited to a maximum of the original purchase price of the Product(s). Craftsman Engineering will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Product(s).
- Craftsman Engineering makes no warranty expressed or implied regarding the fitness of the Product(s) for a particular purpose or that the Product(s) will be suitable or appropriate for the specific requirements of the Licensee.
- Craftsman Engineering does not warrant that use of the Product(s) will be uninterrupted or error-free. The Licensee accepts that custom Cabinet Vision products in general are prone to bugs and flaws within an acceptable level as determined in the industry.
- WARRANTS AND REPRESENTATIONS Craftsman Engineering warrants and represents that it is the copyright holder of the products for sale on this website. Craftsman Engineering warrants and represents that granting license to use these products is not in violation of any other agreement, copyright or applicable statute.
- ACCEPTANCE All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ( "Acceptance" ) upon execution of this Agreement. The Licensee executes this agreement by completing purchase of a product or products.
- USER SUPPORT No user support or maintenance is implied or provided as part of this Agreement.
- TERM The term of the Agreement will begin on Acceptance and is perpetual.
- TERMINATION This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of the Agreement for any reason, the Licensee will promptly destroy the Product(s) or return the Product(s) to Craftsman Engineering.
- FORCE MAJEURE Craftsman Engineering will be free of liability to the Licensee where Craftsman Engineering is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Craftsman Engineering has taken any and all appropriate action to mitigate such an event.
- GOVERNING LAW The parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
- MISCELLANEOUS This Agreement can only be modified in writing signed by both Craftsman Engineering and the Licensee.
- This Agreement does not create or imply any relationship in agency or partnership between Craftsman Engineering and the Licensee.
- If any term, convenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.