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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"), Dupont ("DP") and the Licensee
installing said SOFTWARE.
Whereas, DP 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
DP 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 DP associated
data
Missing, Incorrect or dated product
information
Modifications to ADS generated models
outside of or within the licensees 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
DuPont product may be found at www.dupont.com. DuPont
disclaims all other representations and warranties
relating to the content and use of this tool.
END-USER SOFTWARE SUBLICENSE AGREEMENT
This End-User SubLicense Agreement ("EUSLA") is
for the use of SOFTWARE and data associated with the
DuPont BIM Design Studio. It is important for the user
to verify the output from the system to ensure the
proper use of the SOFTWARE.
BACKGROUND
This EUSLA is made between E.I DuPont de Nemours
("DuPont") and the Licensee/End User (End User)
installing said SOFTWARE.
Whereas, DeMichele
Systems, Inc. (DMS) is the sole and exclusive owner
and developer of the SOFTWARE, and
Whereas, DMS has
granted DuPont the rights to market and sublicense the
SOFTWARE; and
Whereas, DuPont is the exclusive
owner of the DuPont Product data included in the DuPont
BIM Design Studio; and,
Whereas, Licensee
desires to sublicense the SOFTWARE from DuPont pursuant
to the terms and conditions of this agreement.
TERMS AND CONDITIONS
1. 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 DUPONT 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.
2. DuPont BIM Design Studio:
DuPont BIM Design
Studio provides guidance to the End-User regarding
DuPont products, and the DuPont BIM Design Studio 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
Energy Analysis
Dew Point Analysis
3. End User
Responsibilities.
End User is solely responsible for
the validity of all models generated in DuPont BIM
Design Studio and each project file shall be annotated
accordingly. While the integrity of the data provided by
DuPont BIM Design Studio is routinely verified it is
possible for the following to occur:
Modeling
Errors generated by DuPont BIM Design Studio due to
incorrect DuPont associated data
Missing, Incorrect
or dated product information
Modifications to
DuPont BIM Design Studio generated models outside of or
within the End Users building information modeling
application.
End User is responsible for
verifying any and all information and output generated
by DuPont BIM Design Studio.
4. Intellectual
Property:
The End User agrees that the SOFTWARE and
the technical data accompanying the SOFTWARE belongs to
DMS at all times. The End User acknowledges that it
acquires no ownership interest in the SOFTWARE or any
technical data accompanying the SOFTWARE under this
EUSLA or by virtue of its participation in any
activities permitted under this EUSLA. The undersigned
is receiving no right to make derivative works in
conjunction with this EUSLA. The End User further agrees
that the DuPont Product information provided through the
use of the DuPont BIM Design Studio belongs sole and
exclusively to DuPont and DuPont does not grant the End
User, through End User use of the SOFTWARE any rights,
ownership, title to DuPont Product information.
5. Use of DuPont BIM Design Studio:
This tool is
intended for use by licensed architects and engineers
and should not be used in lieu of advice from licensed
professionals. End User hereby agrees to only use the
SOFTWARE and DuPont BIM Design Studio for its intended
use by End User only. End User is not granted the right
to further sub-license the SOFTWARE. End User shall not
copy, reproduce or otherwise distribute SOFTWARE and
DuPont BIM Design Studio.
6. DuPont:
DuPont is
the manufacturer of products and material and is not in
the business of designing buildings and does not employ
architects skilled in the art of design. Accordingly,
DuPont does not claim to have any expertise in this
area. As a result, DuPont does not approve or disapprove
any designs or assume any liability for the design you
have selected using the DuPont BIM Design Studio. Any
and all liability for a design rests with the architect,
or the designer, or the owner, or the user.
7. Term and Termination:
This EUSLA shall commence
upon the date that the End User downloads the SOFTWARE.
DuPont and/or DMS may terminate this EUSLA at any time
at which time End User may not lawfully continue to use
DuPont BIM Design Studio.
8. Acknowledgement:
By downloading the SOFTWARE, End User hereby agrees to
the terms and conditions contained in this End User Sub
License Agreement.
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