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The Construction Vibration Damage Guide for Homeowners (CVDG) LICENSE

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE VIEWING OR DOWNLOADING THE CONSTRUCTION VIBRATION DAMAGE GUIDE FOR HOMEOWNERS (THE CVDG). THE INDIVIDUAL VIEWING THE CVDG (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU VIEW OR DOWNLOAD THE CVDG AND DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE CVDG, PROMPTLY DELETE IT FROM YOUR COMPUTER OR MOBILE DEVICE, AND DESTROY ANY PRINTED COPIES. IN THE FOLLOWING, "COMPUTER" REFERS TO ANY DESKTOP, TABLET OR LAPTOP DEVICE CAPABLE OF DISPLAYING THE CVDG, IN WORLD WIDE WEB PAGE FORMAT (.HTM, .HTML), PORTABLE DOCUMENT FORMAT (.PDF) OR ANY OTHER ELECTRONIC FILE FORMAT CAPABLE OF DISPLAY ON A COMPUTER SCREEN;  "MOBILE DEVICE" REFERS TO ANY CELL PHONE, TABLET, PERSONAL DIGITAL ASSISTANT OR ANY OTHER HANDHELD DEVICE CAPABLE OF DISPLAYING THE CVDG PRO TEXT AND GRAPHICS, INCLUDING, BUT NOT LIMITED TO:  WORLD WIDE WEB PAGE FORMAT (.HTM, .HTML), PORTABLE DOCUMENT FORMAT (.PDF), TEXT FORMAT (.TXT), ANY EBOOK FORMAT OR ANY OTHER ELECTRONIC FILE FORMAT DISPLAYABLE ON AN ELECTRONIC DEVICE SCREEN OF ANY SORT. "BUSINESS USE" IS ANY FOR-PROFIT ACTIVITY, EITHER INSIDE OR OUTSIDE THE USER'S HOME; BUSINESS USE INCLUDES GOVERNMENTAL USES.

The copyrighted CVDG is provided for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The End-User owns any physical medium on which the CVDG is recorded, but Licensor retains ownership of all the CVDG itself (text, graphics, layout, files). The End-User assumes sole responsibility for the installation, use and results obtained from use of the CVDG.

1. License.
End-User is granted a limited, no-charge, non-exclusive license to do only the following:
A. View on one computer or mobile device at any time for use only in the End-User's personal use in his/her own home or other non-business setting. Registered End-Users may print one copy of part or all of the CVDG for their personal, at-home, non-business use. Business-use licenses are subject to royalties.

B. Make one copy in machine-readable form solely for backup or archival purposes for the computer or mobile device to which the CVDG is downloaded. The CVDG is protected by copyright law. As an express condition of this License, the End-User must reproduce on any full or partial copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor.

C. Transfer the CVDG and all rights under this License to another party together with a copy of this License and all written materials accompanying the CVDG, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the identity and full postal and e-mail addresses of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions.
The End-User may NOT sublicense, assign, or distribute copies of the CVDG to others. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE CVDG, OR CREATE DERIVATIVE WORKS BASED IN WHOLE OR IN PART UPON THE CVDG OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.

3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the CVDG to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the CVDG contains valuable information and that unauthorized use and/or copying are harmful to Licensor.

4. Termination.
This License is effective until terminated. This License will terminate immediately without notice from Licensor, if the End User fails to comply with any of its provisions or provides false identity or location information to Licensor. The License is automatically terminated for any copy of the CVDG obtained from any source other than the Licensor, its entities, and assigned sources. Upon termination the End User must destroy the CVDG and all copies thereof, and the End-User may terminate this License at any time by doing so. The Licensor reserves the right to terminate the use license for the free version of the CVDG at any time and at his sole discretion. In that event, End User agrees to be bound by all the terms of this Termination clause.

5. Export Law Assurances.
The free version of the CVDG may be viewed and printed to the extent of one personal use copy by any End-User in or outside of the United States. The End-User agrees that the CVDG is not to be exported in any form outside the country of download by the End-User. Different terms apply to the CVDG Professional Edition.

6. Warranty.
The no-charge CVDG is provided and licensed “as-is” and is not warranted in any way or form.

No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE CVDG. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CVDG OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE CVDG.

7. Enhancements.
From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the CVDG and/or new releases of the CVDG (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the CVDG provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE CVDG, THE END-USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE REGISTRATION INFORMATION FORM PROVIDED ON VIBRATIONDAMAGE.COM AND/OR ANY OTHER WEB SITE WHICH MAY LEGALLY SUPPLY COPIES OF THE CVDG OR ITS CONTENTS.

8. General.
This License will be governed by and construed in accordance with the laws of the state of New Mexico, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: Silchemy, 338 Nicklaus Dr., SE, Rio Rancho, NM 87124.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.

9. Acknowledgment.
BY VIEWING THE CVDG OR DOWNLOADING IT IN ANY FORM, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Licensor at the address set forth above.

 

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Last modified: 05/15/17