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The Construction Vibration Damage Guide, Professional Edition (CVDG Pro) LICENSE

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE VIEWING OR DOWNLOADING THE CONSTRUCTION VIBRATION DAMAGE GUIDE, Professional Edition (THE "CVDG PRO" OR "CVDG"). THE INDIVIDUAL VIEWING THE CVDG PRO (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU VIEW, DOWNLOAD OR OBTAIN THE CVDG PRO AND DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE CVDG PRO, PROMPTLY DELETE IT FROM ANY AND ALL COMPUTERS OR MOBILE DEVICES FOR WHICH IT IS LICENSED, AND DESTROY ANY PRINTED COPIES. IN THE FOLLOWING, "COMPUTER" REFERS TO ANY DESKTOP, TABLET OR LAPTOP DEVICE CAPABLE OF DISPLAYING THE CVDG PRO, IN EITHER WORLD WIDE WEB PAGE FORMAT (.HTM, .HTML), PORTABLE DOCUMENT FORMAT (.PDF), TEXT FORMAT (.TXT), EBOOK FORMAT OR ANY OTHER ELECTRONIC FILE FORMAT DISPLAYABLE ON AN ELECTRONIC DEVICE SCREEN OF ANY SORT; "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), EBOOK FORMAT OR ANY OTHER ELECTRONIC FILE FORMAT DISPLAYABLE ON AN ELECTRONIC DEVICE SCREEN OF ANY SORT.

The copyrighted CVDG PRO 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 PRO is recorded, but Licensor retains ownership of all the CVDG PRO itself (text, graphics, layout, files). The End-User assumes sole responsibility for the installation, use and results obtained from use of the CVDG PRO.

1. License.
End-User is granted a limited, non-exclusive license to do only the following:
A. View and print on one computer or mobile device at any time for use only in the End-User's own home or other non-business setting. Business use licenses, for one or more users, are subject to fees or royalties, as described on the vibrationdamage.com web site.

B. Make one copy in machine-readable form solely for backup or archival purposes for the computer or mobile device to which the CVDG PRO is downloaded. The CVDG PRO 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 PRO and all rights under this License to another party together with a copy of this License and all written materials accompanying the CVDG PRO, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the identity 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 PRO 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 PRO 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 PRO 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. Upon termination the End User must destroy the CVDG PRO 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 CVDG PRO at any time and at his sole discretion. The End-User's only recompense in the event of such termination shall be refund of the purchase price for the CVDG PRO. In that event, End User agrees to be bound by all the terms of this Termination clause.

5. Export Law Assurances.
The Professional Edition of the CVDG may be viewed and printed to the extent of the numbers of licenses purchased by any End-User in or outside of the United States. The End-User agrees that the CVDG Professional Edition is not to be exported in any form outside the country of licensor End-User by the End-User. Such export voids the use license.

6. Warranty.
The no-charge CVDG PRO 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 PRO. 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 PRO 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 PRO.

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 PRO and/or new releases of the CVDG PRO (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 PRO 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 PRO, 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 PRO 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 PRO 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