The Standard when it comes to Home Inspection Reports
END USER LICENSE AGREEMENT
For purposes of this EULA, the term “Licensor” refers to WisdomBlake.com. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software to You. In such event, You may not install, copy, download or otherwise use the Software.
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
1) THIS EULA GRANTS YOU THE FOLLOWING RIGHTS:
You may install, use and modify the SOFTWARE on one or multiple computers for the use and benefit of one individual alone.
* You must indemnify, hold harmless, and defend WisdomBlake.com from and against any claims or lawsuits, including attorneys’ fees, that arise from or result from the use or distribution of Software by You.
* You cannot transfer, assign, sublicense or otherwise convey the Software (or any portion thereof) to another party. You may not copy the Software in order to sell, or give away copies, or for any other commercial purpose.
* You cannot modify the Copyright© notice in the Software or on the report pages.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, Disassembly, and Product Development. You may not reverse engineer, decompile, disassemble the Software, or make modifications that benefit another party, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
* Support Services. Licensor provides the Software “as is” with no support services related to the Software (“Support Services”). Any supplemental software code or updates provided to You are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use information You provide to Licensor regarding the Software for its business purposes, including for product support and development.
* Termination. Without prejudice to any other rights, Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.
* UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by WisdomBlake.com as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
* INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software), and any accompanying printed materials, and all copies of the Software are owned by the Licensor. All title and intellectual property rights in and to the content that is not contained in the Software, may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
* U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
* EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
* APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Ohio. If this Software was acquired outside the United States, then local law may apply.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WisdomBlake.com OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR THE INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF WisdomBlake.com OR ANY SUPPLIER, AND EVEN IF WisdomBlake.com OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and WisdomBlake.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any WisdomBlake.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.