End User License Agreement (EULA)
This End-User License Agreement ("EULA") is for the use of SOFTWARE and data associated with the Architects Design Studio. It is important for the user to verify the output from the system to ensure the proper use of the SOFTWARE. This EULA is made among DeMichele Systems, Inc. ("DMS"), Georgia Pacific ("GP") and the Licensee installing said SOFTWARE. Whereas, GP has the right to market and license the SOFTWARE; and Whereas, DMS represents that DMS is the sole and exclusive owner and developer of the SOFTWARE; and Whereas, Licensee desires to license the SOFTWARE pursuant to the terms and conditions of this agreement. Disclaimers: This software is provided "as is" without any warranty of any kind, either expressed, implied, or statutory, including, but not limited to, any warranty that the software will conform to specifications, any implied warranties of merchantability, fitness for a particular purpose, freedom from infringement, and any warranty that the documentation will conform to the program, or any warranty that the software will be error free whether or not the error is discoverable. In no event shall DMS or GP be liable for any damages, including, but not limited to, direct, indirect, special or consequential damages arising out of, resulting from, or in any way connected with this software, whether or not based upon warranty, contract, tort or otherwise, whether or not damages are based on a third party claim, whether or not injury was sustained by persons or property or otherwise, and whether or not loss was sustained from, or arose out of the results of, or use of the software or services provided hereunder. ADS provides guidance to the Licensee and should not be utilized as a definitive source of information or calculations, specifically as related to the following: • Structural Analysis • Thermal Analysis • Product Compatibility • Pricing • Product Availability • Specifications • CAD Details Licensee is responsible for the validity of all models generated in ADS and each project file shall be annotated accordingly. While the integrity of the data provided by ADS is routinely verified it is possible for the following to occur: • Modeling Errors generated by ADS due to incorrect GP associated data • Missing, Incorrect or dated product information • Modifications to ADS generated models outside of or within the licensee’s building information modeling application. As such the Licensee is responsible for verifying any and all information and output generated by ADS. Intellectual Property: The Licensee agrees that the SOFTWARE and the technical data accompanying the SOFTWARE belongs to DMS at all time. The undersigned acknowledges that it acquires no ownership interest in the SOFTWARE or any technical data accompanying the SOFTWARE under this EULA or by virtue of its participation in any activities permitted under this EULA. The undersigned is receiving no right to make derivative works in conjunction with this EULA. Service Provider retains the right to query, retain and disseminate information related to all projects analyzed via the Architects’ Design Studio. a) Retained information shall include but not limited to the following: i) All information extracted during analysis (Project name, owner, architect, project quantities/takeoff etc.). ii) All products considered/viewed during product selection iii) All products selected in the product selector. iv) All downloadable deliverables related to the project. v) Quantity takeoff of all relevant element types existing in the users project and whether or not they were transformed to BPM specific models b) Exclusions: i) The design concepts or visual imagery specific to the physical geometries of the project shall be considered proprietary to the designing entity and not subject to this provision. This tool is intended for use by licensed architects and engineers and should not be used in lieu of advice from licensed professionals. Warranties applicable to each Georgia-Pacific product may be found at www.gpgypsum.com. Georgia-Pacific disclaims all other representations and warranties relating to the content and use of this tool.

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