This End User License Agreement ("LA") is a legal agreement among You and GeoPraxis ("GeoPraxis") for the use of the SOFTWARE (defined below) used to produce an EnergyCheckup Energy Audit Report on the www.EnergyCheckup.com website. For the purposes of this LA, the SOFTWARE includes: (1) the "EnergyCheckup HERS Server Software", which includes the “TOS Software”; (2) the “IDEA Server software”, which is IDEA Server® Version 1.5; (3) the "EnergyCheckup Field Audit Software" version 3.80 (and subsequent version upgrades issued at the sole discretion of GeoPraxis); and (4) software used for the generation of the Energy Audit Reports and in each case the referenced software includes computer software and/or data, associated media, printed materials, and "online" or electronic documentation. By exercising Your rights to use the SOFTWARE via the www.EnergyCheckup.com website, You agree to be bound by the terms of this LA. If You do not agree to the terms of this LA, You may not use the SOFTWARE. The EnergyCheckup HERS Server Software is copyright © 1999-2007 by GeoPraxis. The IDEA Server® software is copyright (c) 1998-2002 by Green Building Studio, Inc. and includes material copyrighted by others as listed below under LICENSED COMPONENTS and TRADEMARKS. The software for the generation of energy audit reports is copyright © 1999-2007 by GeoPraxis.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE.
This LA grants You the following rights:
Use. After paying any applicable fees as may be required to register and use the SOFTWARE, You may use the SOFTWARE for the exclusive purpose of conducting energy analyses of residential buildings via the www.EnergyCheckup.com website.
Term of Use. You may use the SOFTWARE in accordance with the terms of this LA for a period during which your membership to EnergyCheckup remains active and in good standing (to be determined at the sole discretion of GeoPraxis). Thereafter this LA is no longer valid and You must enter into a new LA in order to continue using the SOFTWARE. This LA may be renewed by reaccepting the terms of this license and paying any applicable fees as may be required to register and use the www.EnergyCheckup.com website.
Reproduction and Distribution. You may not reproduce or distribute the SOFTWARE in any manner except as required to conduct energy analyses of residential buildings accessible via the www.EnergyCheckup.com website; and then only provided that You maintain all copyright notices on all copies of the SOFTWARE, each copy shall be accompanied by a copy of this LA, and no copy shall be offered for resale, rent, lease or otherwise distributed to any third party.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the SOFTWARE or other efforts to discover the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Software Transfer. You may not transfer any of rights under this LA without the express written consent of GeoPraxis and Inspectech. Without such consent, Your rights under this LA will terminate upon such transfer of the SOFTWARE.
Termination. Without prejudice to any other rights, GeoPraxis may terminate this LA if You fail to comply with the terms and conditions of this LA. In such event, You must destroy all copies of the SOFTWARE and all of its component parts.
All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE are owned by or licensed to GeoPraxis or Inspectech as indicated under LICENSED COMPONENTS and TRADEMARKS below. The SOFTWARE includes trade secrets owned by GeoPraxis or Inspectech and is protected by copyright laws and international treaty provisions. Therefore, You must treat the SOFTWARE like any other copyrighted material. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LA grants You no rights to use such content.
U.S. GOVERNMENT RESTRICTED RIGHTS.
With respect to any use or acquisition of the IDEA Server® software by or for any unit or agency of the United States Government (the “Government”), the IDEA Server® software shall be classified as “commercial computer software”, as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the “FAR”) and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the “DFARS”). The IDEA Server® software was developed entirely at private expense, and no part of the IDEA Server® software was first produced in the performance of a Government contract. If the IDEA Server® software is supplied for use by the Department of Defense (DoD), the IDEA Server® software is delivered subject to the terms of this LA and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the IDEA Server® software is supplied for use by a Federal agency other than DoD, the IDEA Server® software is restricted computer software delivered subject to the terms of this LA and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is GeoPraxis Inc., 205 Keller Street, #202, Petaluma, CA, 94952.
NO WARRANTIES. GEOPRAXIS, INSPECTECH OR THEIR RESPECTIVE SUPPLIERS, AS INDICATED UNDER LICENSED COMPONENTS AND TRADEMARKS BELOW, EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL GEOPRAXIS, INSPECTECH OR THEIR RESPECTIVE SUPPLIERS, AS INDICATED UNDER LICENSED COMPONENTS AND TRADEMARKS BELOW, OR THEIR EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, OR THEIR EMPLOYEES, BE LIABLE FOR ANY 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 THIS SOFTWARE, EVEN IF GEOPRAXIS, INSPECTECH OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF ENDORSEMENT.
Reference to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by GeoPraxis, Inspectech or any of their suppliers listed under LICENSED COMPONENTS and TRADEMARKS below.
This LA is governed by the laws of the State of California.
LICENSED COMPONENTS and TRADEMARKS.
TOS Software components are copyright © 1999-2003 by Inspectech Corporation. All Rights Reserved.
The Software for the generation of energy audit reports components are copyright © 1999-2003 by Inspectech Corporation. All Rights Reserved.
IDEA Server® components are copyright (c) 1998-2003 by GeoPraxis, Inc. All Rights Reserved.
DOE-2.2 components are copyright (c) 1996-1998 by James J. Hirsch. All Rights Reserved.
Portions of DOE-2.2 are copyright (c) 1988-1998 by James J. Hirsch. All Rights Reserved.
Portions of DOE-2.2 are copyright (c) 1992-1998 by Steven D. Gates. All Rights Reserved.
Portions of DOE-2.2 are copyright (c) 1998 by the Regents of the University of California, pending approval of the U.S. Department of Energy. All Rights Reserved.
A. The DOE 2.2 Module is provided as is and without warranty of any kind at all. All express and implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party Intellectual Property Rights are expressly disclaimed. The United States, United States Department of Energy, The Regents of the University of California, James J. Hirsch and their employees, contractors and other suppliers do not assume any liability for accuracy, completeness, or usefulness of the DOE 2.2 Module, or any accompanying information or products. In no event shall the United States, the United States Department of Energy, The Regents of the University of California, James J. Hirsch, GeoPraxis and their employees, contractor or other suppliers, be liable for any kind of damages whatsoever, even if notified of the possibility of such damages. The entire risk arising out of use or distribution of the DOE 2.2 Module remains with Licensee.
B. Licensee agrees to hold harmless, indemnify, and defend GeoPraxis, James J Hirsch, The Regents of the University of California, the United States Government, and their employees, contractors, and other suppliers from any losses, damages, fines, expenses, and attorneys’ fees and costs arising out of or related to Licensee’s use or distribution of the Software.
C. Use of the “DOE” designation in the DOE 2.2 Module does not imply endorsement or recommendation by the United States Government. Reference to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by James J Hirsch, the United States Government, The Regents of the University of California or any of their contractors, or suppliers.
D. The DOE 2.2 Module is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19. The Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in the DOE 2.2 computer software to reproduce, prepare derivative works, and perform publicly and display publicly, by or on behalf of the Government.
E. “Portions of this Software are copyrighted by James J. Hirsch & Associates, the Regents of the University of California, and others. See “LICENSED COMPONENTS and TRADEMARKS” above for details.”
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