END-USER LICENSE AGREEMENT
FOR NUCOR – VULCRAFT GROUP ADD-IN FOR REVIT SOFTWARE
IMPORTANT: THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
MUST BE AGREED TO BEFORE CONTINUING TO INSTALL THIS PROGRAM.
This Nucor - Vulcraft Group End-User License Agreement ("EULA") is a legal agreement between you, and by you on behalf of your company, and Nucor Corporation (hereinafter “Nucor - Vulcraft Group”) for the Nucor - Vulcraft Group software product identified above, which may include associated media, printed materials, and "online" or electronic documentation (collectively the "Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the Software Product between you and your company (referred to collectively as “End-User”) and Nucor - Vulcraft Group (referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding regarding the Software Product between End-User and Licensor (the “Parties”). If you do not agree to the terms of this EULA, do not install or use the Software Product. This EULA becomes a legally enforceable contract between End-User and Licensor when you signify your agreement hereto by clicking the button marked “I AGREE” in the place provided herein.
Intellectual Property Rights
End-User acknowledges that all right, title, and interest in any patent, pending patent application, trade secret, copyright, or other proprietary rights in or related to the Software Product under the laws of the United States and other countries are owned exclusively by and through Licensor. End-User further acknowledges that all right, title, and interest in and to the content that may be accessed through use of the Software Product is owned exclusively by its respective owner(s) and may be protected by copyright or other proprietary rights.
Grant of License
Under this EULA, Licensor grants solely to the End-User the following royalty free, nonexclusive license to the Software Product, downloaded by the End-User, and subject to the restrictions set forth herein (“Software Restrictions”):
A. End-User may install the Software Product on any End-User computer, and may operate the Software Product on those computers for use in the internal business of your company.
B. This grant of the use of the Software Product includes rights to receive updates, upgrades, additions, corrections, or repairs to, or later versions of the Software Product (collectively “Software Upgrades”) that Licensor may release or make available from time to time.
C. This grant does not include any obligation for the Licensor to provide support services related to the Software Product (“Support Services”). Licensor may provide Support Services to the End-User at its sole discretion. If Licensor provides Support Services to the End-User, the same shall become part of the Software Product and subject to the terms and conditions of this EULA.
D. This grant of the use of the Software Product shall not operate to modify or abridge the rights of Licensor or create in the End-User any rights except those set forth in this EULA and subject to the restrictions herein.
E. All rights in the Software Product not granted to the End-User by this EULA are retained by Licensor.
A. End-User shall not decompile, disassemble, or reverse engineer the Software Product or otherwise reduce the Software Product to human readable or perceivable form, and shall not invite or permit others to perform any such actions.
B. End-User shall not reproduce, modify (including by creating derivative works based on the Software Product), adapt, translate, rent, lease, loan, resell for profit, or distribute the Software Product, and shall not invite or permit any other party to take such action. Any actual or attempted sublicense, assignment, sale, or transfer by the End-User of the Software Product made by or for the End-User shall be void, and if such event or attempt occurs, Licensor may, at its option, immediately terminate this EULA for default.
Disclaimers and Limitation of Liability
A. Licensor takes no responsibility for the consequences resulting from the alteration of, deletion of, or addition of any executable files, scripts, or any other file to or from the Software Product, including without limitation transmission of a computer virus, worm, or the like.
B. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ALL RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE RISK ARISING OUT OF, CAUSED BY, OR IN ANY WAY RELATED TO, THE USE OF THE SOFTWARE PRODUCT REMAINS WITH THE END-USER.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE END-USER FOR THE SOFTWARE PRODUCT OR US $10.
Termination Licensor may terminate this EULA if the End-User fails to comply with any term or condition of the EULA. In such event, you and your company must destroy all copies of the Software Product in your possession.
Governing Law This EULA and any claim, controversy, action, proceeding, or dispute arising under, or relating to, this EULA shall be governed by, and construed and interpreted in accordance with, the laws of the State of North Carolina as applied to contracts executed and performed within that State, without reference to, or application of, that State’s conflict of laws rules and principles. The Parties hereto agree to bring any claim, controversy, action, proceeding, or dispute arising out of, or relating to, this Agreement, its interpretation, performance or breach, in the state or federal court in Charlotte, North Carolina, and in no other forum, and hereby waive any objection to such venue, including any objection based on forum non-conveniens.
Severability In the event a court of competent jurisdiction determines that any of the provisions of this EULA are unreasonable or otherwise unenforceable, it may limit such provision to the extent it deems reasonable, without declaring the said provision of the EULA invalid in its entirety. To the extent any portion of any provision of this EULA shall be deemed invalid or unenforceable, it shall be considered deleted and the remainder of this EULA (including the remainder of the provision) shall continue in full force and effect. The End-User and Licensor expressly desire that this EULA shall be given the construction that renders its provisions valid and enforceable to the maximum extent permissible under applicable law, without exceeding this EULA’s express terms.
Entire Agreement This EULA contains the entire agreement of the Parties hereto with respect to the subject matter hereof. Any and all prior agreements, promises, negotiations and representations not expressly set forth herein are superseded hereby and shall have no force or effect.