The Construction Reporting Service contains copyrighted material
that may only be used as stated in The Builders Exchange End Users License
Agreement. Any unauthorized use may be a violation of law.
The Construction Reporting Service may only be used by licensed
users. Sharing any user name and/or password is strictly
prohibited and may be grounds for termination of the license or imposition of
additional fees in Licensor's sole discretion (See item 1 below).
THE BUILDERS EXCHANGE END USER LICENSE AGREEMENT
Your use of the Construction Reporting Service constitutes your
agreement to the following terms and conditions and rules and regulations that
may be promulgated from time to time. If you do not agree to be legally bound
the Builders Exchange will not permit you to use or access the Construction
Reporting Service.
The Construction Reporting Service is provided AS IS AND WITHOUT
WARRANTY. In no event shall the Builders Exchange or its suppliers be liable
for any special, indirect, or consequential damages of any nature resulting
from the use or operation of the Construction Reporting Service or any
information in the Construction Reporting Service.
1. Grant of License. The Builders Exchange grants to Licensee, and
Licensee accepts, a non-exclusive, non-transferable license, to use for only
Licensee's business purposes, the information in the Construction Reporting
Service, this web site, the software and related documentation (collectively
and individually referred to as "Construction Reporting Service").
The license shall only be effective while Licensee is a member in good standing
of the Builders Exchange. This license may be renewed from year to year upon
payment of the annual membership fee and continued compliance with the terms of
The Builders Exchange End User License Agreement ("Agreement"). Licensee
may only use the Construction Reporting Service on its own behalf by direct
employees of licensee . The sharing of any user
name and/or password is strictly prohibited and shall be grounds for immediate
termination of this Agreement or the imposition of additional fees in the
amount of two times the annual membership fee for each unauthorized use of the
Construction Reporting Service, in the sole discretion of The
Builders Exchange. Use of the Construction Reporting Service is for estimating
purposes only; copying is prohibited.
Except for the license rights mentioned in this Paragraph, no right,
title or interest in the Construction Reporting Service is granted to Licensee.
Licensee will not itself, or through any parent, subsidiary, affiliate, agent,
or other third party ("Related Entities") reproduce, distribute,
modify, translate, decompile, disassemble, reverse engineer or transmit in any
form or by any means any part of the Construction Reporting Service. Further
Licensee and/or Related Entities will not sell, lease, license, sublicense, or
market the Construction Reporting Service.
2. Proprietary Rights. Licensee acknowledges that the Construction
Reporting Service is confidential and contains trade secret information that is
the exclusive property of the Builders Exchange.
3. Payment. Licensee agrees to pay the initial membership fee and
any applicable annual membership fees. The initial membership fee includes the
first year fee for the Construction Reporting Service. Annual membership fees
after the first year will be invoiced and are due prior to the commencement of
the applicable membership fee period. The Builders Exchange has the right to
adjust membership fees.
4. Construction Reporting Service. The Construction Reporting
Service contains information about plans, bidders and other matters that may be
of interest to members of the Builders Exchange. Information reported in the
project files is based on a review of the specifications; no plans have been
reviewed. Efforts have been made to assure the accuracy of the information
reported, but the Builders Exchange provides no warranty, expressed or implied,
that any of the information is accurate. Builders Exchange does not warrant
programs or job images to be free from defects or errors, known or unknown,
existent or latent. The actual plans and specifications that are maintained at
the Builders Exchange are the best source of information for project files.
5. Copyright Laws. The United States Copyright laws prohibit the
distribution or copying of copyrighted works without proper authorization. The
Builders Exchange will not tolerate any use of the Construction Reporting
Service that in any way violates the United States Copyright laws. Licensee
must report to the Builders Exchange editor any use of the Construction
Reporting Service that may constitute copyright infringement. If the Builders
Exchange, in its sole discretion, determines that any material has been added
to the Construction Reporting Service in violation of the copyright laws, the
Builders Exchange will delete that material. Anyone who adds unlawful material
to the Construction Reporting Service shall indemnify, defend and hold the
Builders Exchange harmless from any and all resulting claims and/or liability
(including the payment of litigation costs and attorney fees).
6. Limitation of Liability. Licensee agrees that the Builders
Exchange is not an insurer and shall have no liability arising out of the use
or operation of the Construction Reporting Service and/or any information
generated thereby. In no event shall the Builders Exchange's total liability
for any claim arising out of or under this Agreement, or the use and/or
operation of the Construction Reporting Service, regardless of the cause of
action, exceed the annual membership fee.
7. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE BUILDERS EXCHANGE
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF THE BUILDERS
EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnity. Licensee agrees to indemnify, defend and hold harmless
the Builders Exchange, its officers, directors, employees, and agents from any
damages, losses, costs or expenses (including the payment of litigation costs
and attorney fees) that arise from Licensee's use and/or operation of the
Construction Reporting Service.
9. Warranty. Licensee agrees that the Construction Reporting Service
is provided as is and without warranty and that the Builders Exchange makes no
representations regarding the completeness or accuracy of the Construction
Reporting Service, image viewing software, or any information provided by the
Construction Reporting Service. The Builders Exchange expressly disclaims any
implied warranties of merchantability or fitness for a particular purpose.
10. Access. The Builders Exchange reserves the right to control
and/or limit access to the Construction Reporting Service in its sole
discretion. Access may be denied at any time. Access may be denied to any
individual who makes use of the Construction Reporting Service for an
inappropriate purpose, in violation of this Agreement, or who, in the sole
discretion of the Builders Exchange, uses inappropriate, obscene, abrasive, or
otherwise questionable language in connection with the Construction Reporting
Service.
11. Content Control. The Builders Exchange reserves the right to
monitor in its sole discretion all information contained in or used in
connection with the Construction Reporting Service and to delete or edit any
file, program or message that contains inappropriate, obscene, abrasive or
otherwise questionable language. However, the Builders Exchange is not required
to monitor the information.
12. Governing Law. This Agreement shall be governed by the laws of
the State of
13. Export Controls. Licensee agrees and certifies that neither the
Construction Reporting Service, nor any other technical data received from the
Builders Exchange, nor the direct product thereof, will be exported or
re-exported outside the United States except as authorized and as permitted by
the laws and regulations of the United States.
14. Assignment. This Agreement may not be assigned by Licensee
without the express written permission of the Builders Exchange.
15. Termination. The Builders Exchange reserves the right to terminate
Licensee's rights to use the Construction Reporting Service at any time if
Licensee violates the terms of this Agreement. Either Licensor or Licensee may
terminate this Agreement without cause. Upon termination of this Agreement
Licensee shall cease all use of the Construction Reporting Service and shall
destroy all user names and/or passwords.