End-User License Agreement (EULA)
You (“User”) must accept this End-User License Agreement (“License”) before you use the “Boise Cascade Software” (defined below) or other materials provided herewith by Boise Cascade Wood Products, L.L.C. (“Boise Cascade”). If you do not agree with any portion of this License, you are not licensed or authorized to use the Boise Cascade Software and are prohibited from using the Boise Cascade Software. Using the Boise Cascade Software indicates your acceptance of the terms and conditions of this License.
The “Boise Cascade Software” licensed hereunder includes BC CONNECT®, BC FRAMER®, BC CALC®, BC OPTIMIZER™, VERSA-SAW™, BC FastPlan® and BC ESTIMATOR®.
“BC CALC®” as referenced herein, is comprised of “BC CALC® Web” and “BC CALC® Download.”
“BC CONNECT®”, “BC CALC® Web”and “BC Optimizer™” are web-based software programs.
“BC FRAMER®,” “BC CALC® Download,” “VERSA-SAW™”,“BC FastPlan®”and “BC ESTIMATOR®” are downloadable software programs and may be installed on a User’s computer subject to the terms set forth herein.
However, the Boise Cascade Software may be provided in any form at Boise Cascade’s sole discretion, and may be integrated or embedded in any other program or software, and includes any updates, supplements, and any services or support related thereto, whether provided by Boise Cascade or a third party.
Boise Cascade grants User a nonexclusive and nontransferable license to use the Boise Cascade Software.
As to BC FRAMER®, BC CALC® Download, VERSA-SAW™, BC FastPlan® and BC ESTIMATOR®, User may install such Boise Cascade Software only to the designated computer or device (or workstation of a multi-terminal system) on which User will run such Boise Cascade Software.
As to BC CONNECT®, BC OPTIMIZER™ and BC CALC® Web, such Boise Cascade Software is offered as a service and can be accessed from any supported and compatible device with a web-based connection.
Boise Cascade may change or cancel the Boise Cascade Software and related services at any time. The Boise Cascade Software is licensed, not sold. This License gives the User limited rights. All other rights are reserved by Boise Cascade.
The License is effective until terminated. Upon termination, the Boise Cascade Software and any programs included in the Boise Cascade Software and other materials provided by Boise Cascade shall be removed from all User’s computers, destroyed, and not used. User may terminate this License at any time by taking the steps specified in the previous sentence and by no longer using, downloading and/or installing the Boise Cascade Software. Boise Cascade may terminate this License at any time on thirty days’ notice to User. This License shall automatically terminate upon any breach of this License by User. Termination of this License shall not limit or alter any right of Boise Cascade to enforce the terms of this License or recover damages for User’s breach of this License.
No Warranty; Disclaimers; Limitation of Liability.
BOISE CASCADE DOES NOT GRANT OR MAKE ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE (WHICH AS USED HEREIN INCLUDES ANY THIRD-PARTY SOFTWARE AND MATERIALS). THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE) IS PROVIDED OR DELIVERED “AS IS” AND “WITH ALL FAULTS” AND BOISE CASCADE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE USER BEARS THE RISK OF USING, DOWNLOADING OR INSTALLING THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE).
THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE) IS FOR USE BY TRAINED PROFESSIONALS WITH APPROPRIATE EDUCATION AND/OR EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF BUILDINGS. ALL OUTPUT AND/OR RESULTS FROM THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE) MUST BE REVIEWED BY A QUALIFIED ENGINEER OR OTHER APPROPRIATE EXPERT TO ASSURE ITS ADEQUACY FOR THE INTENDED APPLICATION. THE BOISE CASCADE SOFTWARE INCORPORATES IN ITS SPECIFICATIONS ONLY THE UNIQUE STRUCTURAL CHARACTERISTICS OF ENGINEERED WOOD PRODUCTS MANUFACTURED BY OR FOR BOISE CASCADE. USER WILL NOT USE THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE) OR ANY OUTPUT IN CONNECTION WITH THE DESIGN OR USE OF ANY PRODUCTS OTHER THAN THOSE SPECIFIED BY BOISE CASCADE.
BOISE CASCADE AND ITS AFFILIATES, RELATED ENTITIES, SUPPLIERS, VENDORS, SOFTWARE AND INFORMATION PROVIDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT ORDINARY, SPECIAL, INCIDENTAL, PUNITIVE , OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LIABILITY OR INJURY TO THIRD PERSONS WHETHER FORESEEABLE OR NOT, LOSS OF DATA OR INFORMATION OF ANY KIND, BREACH OF SECURITY OF THE USER’S COMPUTERS, SYSTEMS, OR NETWORKS, LOSS OF PROFITS, OR COST OF COVER, ARISING OUT OF OR RESULTING FROM THIS LICENSE OR USE OR DOWNLOAD OR INABILITY TO USE OR DOWNLOAD THE BOISE CASCADE SOFTWARE (AND ANY OTHER SOFTWARE PROVIDED BY BOISE CASCADE) ON ANY THEORY OF LIABILITY. THIS LIMITATION APPLIES EVEN IF BOISE CASCADE HAS BEEN ADVISED OR KNOWS OF THE POSSIBILITY OF SUCH DAMAGE. USER ACKNOWLEDGES THAT THE ALLOCATION OF RISK REFLECTED IN THIS LICENSE REFLECTS THAT THIS LICENSE IS GRANTED WITHOUT COST OR ROYALTY OBLIGATION TO USER.
The above exclusions and limitations may not apply to You, as some states do not allow the exclusion of implied warranties and/or limitation of damages. In addition, You may have other rights that vary from state to state.
The “BC CONNECT®” software may contain unmodified open source initiative (OSI) software code subject to The MIT License. The following notice and terms apply to any such unmodified OSI software code:
Copyright (c) 2015 Xamarin
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
User shall not copy (except as expressly provided herein), host, modify, translate, reverse engineer, decompile or disassemble the Boise Cascade Software nor any part thereof and/or merge the Boise Cascade Software or any part thereof into any other program to form another program or work. User shall not publish, rent, lease or lend the Boise Cascade Software or this License to any other party. Further, User shall not remove, alter, or obscure any copyright or propriety notices appearing on the Boise Cascade Software or on any output of the Boise Cascade Software.
Protection and Confidentiality of Software
All copies and versions of the Boise Cascade Software provided by Boise Cascade, including translations, compilations, modifications, revisions, and derivative or updated works are, and shall at all times be treated as, the confidential property of Boise Cascade or its Licensors and shall not be used by, distributed to, or divulged to any other person, including other licensees of this Boise Cascade Software, without the prior written consent of Boise Cascade. This prohibition does not include User’s employees engaged in the using the Boise Cascade Software. User will ensure that all persons permitted access to the Boise Cascade Software or any part thereof comply with this protection and confidentiality requirement. User expressly agrees that this confidentiality provision shall survive the termination of this License.
Data Gathering and Inspection
Third Party Beneficiary
User is hereby notified that MiTek Industries, Inc. of 16023 Swingley Ridge Road, Chesterfield, MO 63017 (“MiTek”), Boise Cascade’s Licensor for BC Framer, is an intended third-party beneficiary to this License with respect to BC Framer only, and the terms and conditions of this License with respect to BC Framer are enforceable by MiTek.
This License may not be modified, or amended, except by written instrument signed by the parties. This License represents the entire agreement between the parties with regard to the Boise Cascade Software, User’s use, download or installation of the Boise Cascade Software and supersedes all oral or written negotiation, conversations, or discussions between the parties. User may not assign, pledge, or otherwise transfer this License, nor any rights or obligations hereunder in whole or in part to any entity.
This License shall be governed by the laws of the state of Idaho, except to the extent other laws supersede or govern as a matter of law.
Title to and ownership of the Boise Cascade Software and any modifications or derivative works thereof, and all proprietary rights with respect to the Boise Cascade Software and all the copies and portions thereof, remains exclusively with Boise Cascade or its Licensors. This License does not constitute a sale of the Boise Cascade Software or any portion or copy of it.
The Boise Cascade Software may be subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Boise Cascade Software. These laws may include restrictions on destinations, end users and end use.
User agrees to indemnify and defend Boise Cascade and its Licensors, and hold them harmless from all costs, including attorney’s fees, and damages, remedies, or awards arising from any claim that may be made against Boise Cascade or its Licensors by any third party as a direct or indirect result of any use, installation or download of the Boise Cascade Software (or any software provided by Boise Cascade) by User or its employees, affiliates, agents, or contractors.
As referenced in ( Boise Cascade EULA (01604776.DOCX:17 )