CADALOG, INC. SU PODIUM BROWSER PAID CATEGORY CONTENT END USER LICENSE AGREEMENT

NOTICE TO USERS: PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THE CONTENT THAT IS IN THE PAID CATEGORY OF SU PODIUM BROWSER. USE OF COMPONENTS AND MATERIALS IN THE PAID CATEGORY OF SU PODIUM BROWSER MEANS YOU HAVE YOUR ACCEPTED THE TERMS OF THIS LICENSE AGREEMENT

  1. DEFINITIONS

    This End User License Agreement (“EULA”) is a legal agreement between you the End User (whether an individual or a recognized legal entity) (the “LICENSEE”) and Cadalog, Inc.

  2. LICENSE GRANT

    Cadalog, Inc. grants you one license to use the content of SU Podium Browser Paid Category and to activate one license of SU Podium Browser Paid Category on one computer only. You may not activate the same license from another computer. There is no refund for the activated license under any circumstance. “You” means the company, entity or individual whose funds are used to pay the license fee. “Use” means activating a license and downloading the Paid Category content. You may not rent, lease, lend, sell or sublicense the contents to another person, company or other entity. You may un-install SU Podium Browser from a computer, thereby deactivating the license and then installing SU Podium Browser and activating the same license (after it has been un-installing from the original computer).

  3. OWNERSHIP AND DEFINITION OF CONTENT

    The SU Podium Browser Paid Category content is comprised of individual SketchUp models with SU Podium V2 properties of specific design items and materials such as light fixtures, kitchen, bathroom, living room furniture. The content is downloaded from Cadalog, Inc. web server to your SketchUp model through the SU Podium Browser user interface. The content is developed or acquired by Cadalog, Inc. and is owned and copyrighted by Cadalog, Inc. Your license to use the content in your SketchUp model and/ or rendered images confers no title or ownership of the SU Podium Browser Paid Category content and should not be construed as a sale of any right. However, you may distribute SU Podium Browser Paid Category content with your SketchUp models to your customers, clients or any third party so as long as the SU Podium Browser Paid Category content itself is not distributed independently of your SketchUp model.

  4. COPYRIGHT

    Cadalog, Inc. rights are protected by international copyright law, international treaty provisions and other applicable law. You acknowledge that no title to the intellectual property in SU Podium Browser Paid Category content is transferred to you. You further acknowledge that title and full ownership rights to SU Podium Browser Paid Category content will remain the exclusive property of Cadalog, Inc. and you will not acquire any rights to Cadalog, Inc. except as expressly set forth in this license.

  5. LIABILITY

    You agree that you will defend, indemnify and hold Cadalog, Inc. harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any Cadalog, Inc. Product including claims brought against you for the use of the SU Podium Browser Paid Category content. You further agree to hold harmless and protect Cadalog, Inc. against any such civil, legal or criminal claims which will be paid by licensee including court costs and judgments.

  6. WARRANTY

    Cadalog, Inc. does NOT warrants the product to be free from defects in material and workmanship. Cadalog, Inc. and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of Cadalog, Inc. remains with the LICENSEE.

  7. GOVERNING LAW

    This Agreement shall in all respects be governed by and construed in accordance with the laws in force in United States of America.

  8. AMENDMENTS

    Cadalog, Inc. reserves the right to amend this agreement at any time.

  9. ENFORCEABILITY

    If any part of this Agreement is found void and unenforceable, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.

  10. REFUND

    There is no refund for a the purchase of a license of SU Podium Browser Paid content once the serial number has been registered on your computer.