The Commercial Block Systems™ design details (CAD Details) are protected by this license agreement. By choosing “I Accept” at the bottom of this page, you confirm your acceptance of the terms of this agreement.
LICENSE AGREEMENT
VERY IMPORTANT- READ CAREFULLY
This End Users License Agreement (EULA) is a legal agreement between you (which shall be broadly interpreted to include, without limitation, any corporation, company, partnership, LLC, or other entity, or individual ) and Commercial Block Systems, Inc. for proprietary software (Software) provided through this web site. By downloading, installing, copying, or otherwise using this Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms do not download, install, or use the Software, and, if installed on your computer, promptly remove the Software. This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. This Agreement grants to you the following rights:
(a) You may download, install, and use the Software on your computer. You may make copies of the Software for your exclusive use on a home computer and/or a portable computer.
(b) You may use this Software for the express purpose of designing or engineering structures with Commercial Block Systems™ Insulated Concrete Form (ICF) blocks. All other use in conjunction with any other type of concrete block, poured in place concrete wall, tilt up wall, or ICF system is strictly prohibited.
2. Other rights and limitations are as follows:
(a) You may not reverse engineer, disassemble, or decompile the Software.
(b) The Software is licensed as a single product. Its component parts may not be separated from the Software or used in any other manner.
(c) You may not sell, lease, lend or rent the Software.
(d) You may not change or modify the Software in any form.
(e) You may not permanently transfer any or all of your rights under this EULA to anyone else. You may not otherwise distribute the Software for any purpose without the express written consent of Commercial Block Systems, Inc.
(f) Without prejudice to any other rights, Commercial Block Systems, Inc. may terminate this EULA if you fail to comply with it’s terms and conditions. In such event, you will delete, remove, or otherwise destroy all copies of the Software and all of its component parts.
3. Copyright
All title and copyright in and to the Software, any printed materials, and any copies of the Software are owned by Commercial Block Systems, Inc.
4. Warranty
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMERCIAL BLOCK SYSTEMS, INC. AND ITS SUPPLIERS PROVIDE TO YOU THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND COMMERCIAL BLOCK SYSTEMS, INC. AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMERCIAL BLOCK SYSTEMS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF COMMERCIAL BLOCK SYSTEMS, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF COMMERCIAL BLOCK SYSTEMS, INC. AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
5. This EULA is governed by the laws of the United States of America . You hereby irrevocably attain to the jurisdiction of the courts in the State of Utah and further agree to commence any litigation which may arise hereunder in the courts located in the State of Utah . This EULA constitutes the entire agreement relating to the license of the Software.
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