END USER LICENSE AGREEMENT FOR NEUTRA BUILDINGS LIST ("THE PRODUCT")
SINGLE-USER PRODUCT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND DION NEUTRA ARCHITECTURE FIRM, THE NEUTRA INSTITUTE AND ITS SUBSIDIARIES AND AFFILIATES. THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING AGREEING TO THE TERMS AND CONDITIONS CONTAINED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE PRODUCT AND PERMANENTLY ERASE ALL COPIES OF THE PRODUCT. __________________________________________________________________________________
TERMS OF LICENSE GRANT OF LICENSE. This License Agreement permits you to use one copy of the product (the "Neutra Buildings List", which shall include any upgrades, modified versions or updates licensed to you by Dion Neutra Architecture), which may include electronic documentation, on a single computer/workstation or a single printed hard copy. The product is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a permanent sale and does not authorize a sale of the product or anything created thereby. All intellectual property (including copyright, trademark and patents) in the product, including if any, all animations, audio, images, maps, music, photographs, video, and text incorporated into the product, are owned by Dion Neutra Architecture and its affiliates, suppliers and licensors, and are protected by United States laws and international treaty provisions. Dion Neutra Architecture and its affiliates, suppliers and licensors retain all rights not expressly granted herein. You must treat the product like any other copyrighted material, except that you may make one copy of the product solely for backup or archival purposes. You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the product and all associated printed materials, and you retain no copies, and the recipient agrees to all of the terms of this Agreement.
LICENSE RESTRICTIONS
* You may not use the product on or over a network or any other transfer device
(including the Internet) except in a manner using the network and online functions
included in the product, if any. Use of the product on more than one computer
constitutes copyright infringement and may be punishable by civil fines, criminal
penalties, or both.
* You may not resell, transfer, sublicense rent or lease or otherwise.
* You may not modify, translate, reverse engineer, decompile, or disassemble
the product, except to the extent that this restriction is expressly prohibited
by applicable law.
* You may not remove any proprietary notices or labels in the product.
* You may not copy the printed materials accompanying the product or distribute
printed copies of any user documentation provided in electronic format.
* You may not publicly perform or publicly display the product.
* You may not reconfigure or modify the product in order to enable features
or functionality different than those described in the product documentation
if any or available in other Neutra products without notifying Dion Neutra Architecture
and paying any applicable upgrade fee.
* You may not (i) modify, or create derivative works based upon, the product
in whole or in part; (ii) distribute copies of the product. The restrictions
contained herein apply equally to hybrid CD-ROMs which may contain multiple
versions of the product for use on different operating systems. Regardless of
the type of media you receive, you may use only the portion appropriate for
your single-user computer/workstation. In the event you fail to comply with
any of the terms or conditions of this license, your rights to use the product
will end, you shall stop using the product, remove the product from your computer,
and permanently erase all copies of the product. You may not export or re-export
the product or any underlying information or technology except in full compliance
with all United States and other applicable laws and regulations. Any use in
violation of this Section shall immediately terminate your license to the product.
USE OF END USER INFORMATION. You agree that Dion Neutra Architecture may share your end user registration information with licensors, suppliers, and its affiliates, for the purposes of providing support for the product. In addition, Dion Neutra Architecture will have the right to use such end user registration information pursuant to its privacy policy.
SUBSCRIPTION SERVICES: The term "Subscription Services" includes technical support and such additional services as Dion Neutra Architecture may, in its discretion, make available to you, all as described in this Section.
ADDITIONAL SERVICES. During the time you are eligible to receive technical support, Dion Neutra Architecture may, in its sole discretion, also make certain additional web-based security services available to you. Such additional services will be provided subject to then-current policies regarding use of such additional services. Dion Neutra Architecture reserves the right to discontinue any such additional services and/or offer new additional services at any time, without right to refund or set-off.
UPDATES: From time to time, Dion Neutra Architecture may make updates to the product generally available. You may purchase and install these updates released by Dion Neutra Architecture within one year of date of purchase and for any extended term agreed to by you and Dion Neutra Architecture. When you receive the document(s), your license is implemented based on the personal information you provide to PayPal and the Product will be used as licensed and fully functional. All updates to the product shall be governed by this Agreement, unless other license terms are provided with the update. When a subscription license expires, the product will continue to function normally; however, you will not be able to use any updates published after the subscription expiration date. To remain eligible to use updates published after the subscription expiration date, you will need to purchase a new version of the Product at www.neutra.org.
PRODUCT TECHNICAL SUPPORT: Product technical support for the documents or services, as made available by Dion Neutra Architecture, is described online at http://www.neutra.org/client_services.html. Product technical support via email is made available to registered, licensed users for up to one year from the date of purchase, and for any extended term agreed to by you and Dion Neutra Architecture. You must complete the product registration form (PayPal order form) to be eligible for support. The form will send your information to Dion Neutra Architecture, 2440 Neutra Place, Los Angeles, CA 90039.
REGISTRATION: The product may ask you for your personally identifiable information as part of the registration and order process. You choose whether or not to provide this information without affecting the product's performance. If you choose to provide us with your personally identifiable information, Dion Neutra Architecture will use this information to notify you about product upgrades, updates, and new products. You must be 13 years or older to register and order the Product.
TITLE: You agree that no title to the intellectual property in the product or license is transferred to you. Title, ownership, rights, and intellectual property rights in and to the product and license shall remain in Dion Neutra's licensors. The product is protected by copyright and intellectual property laws of the United States and international treaties.
LIMITED WARRANTY. Dion Neutra Architecture and its affiliates, suppliers and licensors warrant to the original user of the product, for a period of ninety (90) days from the date of purchase, that the media on which the product is distributed is substantially free from defects in materials and workmanship under normal use. Dion Neutra Architecture does not guarantee the product and subscription services will be uninterrupted or error-free. You acknowledge that performance of the product and subscription services may be affected by a number of factors, including without limitation, technical failure of the product, the acts or omissions of third parties and other causes reasonably beyond the control of Dion Neutra Architecture. OTHER THAN AS EXPRESSLY CONTAINED HEREIN, NO EXPRESS WARRANTIES, ORAL OR WRITTEN, ARE MADE TO YOU REGARDING THE PRODUCT AND THE SUBSCRIPTION SERVICES AND THAT THE PRODUCT AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. DION NEUTRA ARCHITECTURE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SUBSCRIPTION SERVICES WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM THAT THE SUBSCRIPTION SERVICES ARE DESIGNED TO DETECT AND/OR PREVENT. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
REMEDIES. Your exclusive remedy shall be, at Dion Neutra Architecture's sole option, (a) the refund of the amount you paid for the documents or services or (b) repair or replacement of the product, provided that the defective product is returned to Dion Neutra Architecture ( Telephone: 323.666.1806 along with proof of the date of purchase from PayPal within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the documents or services has resulted from accident, abuse, neglect or misapplication. Any replacement product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the product is sold "as-is", without any express or implied warranties of any kind.
LIMITATION OF LIABILITIES. IN NO EVENT WILL DION NEUTRA ARCHITECTURE OR THEIR AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, LOSS OF USE OF THE PRODUCT OR SUBSCRIPTION SERVICES OR OTHER ECONOMIC LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DION NEUTRA ARCHITECTURE AND THEIR AFFILIATES', SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION SERVICES REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU FURTHER AGREE THAT DION NEUTRA ARCHITECTURE WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH (i) INSTALLING, OR USING THE PRODUCT OR SUBSCRIPTION SERVICES OR (ii) FAILURE IN THE PERFORMANCE OF THE PRODUCT OR SUBSCRIPTION SERVICES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND ALL EXAMPLES ARE ILLUSTRATIVE AND NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS. THE FEES AND OTHER PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from Dion Neutra Architecture to effect such termination. You may also terminate this Agreement at any time by notifying Dion Neutra Architecture in writing of termination. Upon any termination of this Agreement, you must uninstall, remove and destroy all copies of the product. ____________________________________________________________________________________
MISCELLANEOUS Dion Neutra Architecture may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services advertised as part of this product. The links in the product, if any, will allow third-party sites to be accessed. These linked sites are not under the control of Dion Neutra Architecture and the firm is not responsible for the contents of any linked site, and any such inclusion of any link does not imply endorsement by Dion Neutra Architecture of the site. No change or modification of the License will be valid unless it is in writing and is signed by Dion Neutra Architecture. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. If the product was acquired outside the United States, then local law may apply. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
SURVIVAL. All defined terms and sections "License Restrictions", "Third Party Sites", "Title", "Limited Warranty", "Limitation of Liabilities", "Termination", and "Miscellaneous" shall survive any termination of this Agreement.
COMPLIANCE WITH EXPORT CONTROL LAWS. You acknowledge that the documents or services are subject to the export control laws and regulations of the United States ("U.S.") and agree to abide by those laws and regulations. Under U.S. law, the product may not be used or otherwise exported, reexported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. The lists of restricted end-users are maintained on the U.S. Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Commerce Department’s List of Unverified Persons, and the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons. By ordering and using the documents or services, you are agreeing to the foregoing. You are also warranting that you are not (i) located in, or a resident or national of, a restricted country; (ii) on any of the U.S. lists of restricted end-users; or (iii) engaged in any activity related to weapons of mass destruction. You understand that the requirements and restrictions of U.S. law as applicable to you may vary depending on the product downloaded and may change over time, and that, to determine the precise controls applicable to the product, it is necessary to refer to the U.S. Export Administration Regulations and the U.S. Foreign Assets Control Regulations.
GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
ENTIRE AGREEMENT. You agree that this is the entire agreement between you, and Dion Neutra Architecture, and that it supersedes any prior agreement, whether written or oral, and all other communications between Dion Neutra Architecture and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by Dion Neutra Architecture. © 2005-2006 Dion Neutra Architecture, and its licensors. All rights reserved. All content provided by Dion Neutra Architecture, Inc. is copyright © 1999-2005. All other trademarks are the property of their respective owners.
Revision October 11, 2005.