Cadalog, Inc. End User License Agreement
Cadalog, Inc. End User License Agreement
The terms and conditions that follow set forth a legal agreement (“Agreement”) between you (either an individual or an entity), the end user, and Cadalog, Inc., a Washington state corporation with its principal place of business at 1448 King Street, Bellingham WA. 98229 USA ("Cadalog, Inc."). The term "Software" includes the binary code for the software and any updates or upgrades to the Software that you may receive from time to time, and any add-in modules to the Software you may order and install from time to time. You may not load or use the Software in any computer or copy it without a license from Cadalog, Inc. Cadalog, Inc. hereby offers you a non-exclusive license on the terms set out in this Agreement. You should carefully read these terms and conditions BEFORE installing and using the Software. Installing and using the Software will signify your agreement to be bound by these terms and conditions. This is a license agreement and not an agreement for sale.
Grant of License
Cadalog, Inc. grants to you a non-exclusive, non-transferable license to use the Software in accordance with this Agreement. If you have paid the license fee for a single user license, this Agreement permits you to install activate one license,which can be used simultaneously. One license is intended for one user. If you need to activate the license a third time, you must first deactivate one activation.
Use on a network
There is no special network license or floating license for the Software. You must purchase one license for every user that will use the Software.
Educational institutes are allowed to use one master license code for every student user that will be using the Software.
Podium Browser Content
The Podium Browser content is comprised of individual SketchUp models with SU Podium material and light 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 Podium Browser user interface. The content is developed or acquired by Cadalog, Inc. and is owned and copyrighted by Cadalog, Inc. The use of the Podium Browser content in your SketchUp model and/ or rendered images confers no title or ownership of the Podium Browser content and should not be construed as a sale of any right. However, you may distribute Podium Browser content with your SketchUp models to your customers, clients or any third party so as long as the SU Podium Browser content itself is not distributed independently of your SketchUp model.
You may not rent, lease, lend, sell or sub-license the Podium Browser contents to another person, company or other entity.
You may and are encouraged to make a back up of the installation file of the software and the license code that is needed for the software to run, so that if you change computers or have hardware failure, you can reinstall the software, subject to the same license agreement.
Title and copyrights to the software, accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Cadalog, Inc. other legal remedies.
This agreement will be governed by the laws of the State of Washington.
This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the software and accompanying documentation.
If you have any questions please contact in writing or by e-mail:
1448 King Street
Bellingham, WA 98229 USA
YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND CADALOG, INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CADALOG, INC DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT WILL CADALOG, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CADALOG, INC. OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may terminate these Terms and Conditions at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Cadalog, Inc. if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software. NO REFUND WILL BE ISSUED.
The software is licensed to the end-user as is and Cadalog, Inc. does not offer refunds once the license has been delivered. A refund will be issued to customers who can not activate their license for some technical reason but a reasonable demonstration of an inability to activate the license needs to be shown.