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Website Application User Agreement
THIS LICENSE AGREEMENT CONSTITUTES A CONTRACT BETWEEN YOU AND A1A Software LLC. (‘A1A’) FOR USE OF 3DLIFTPLAN.COM. READ THIS AGREEMENT CAREFULLY BEFORE USING 3DLIFTPLAN.COM. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF 3DLIFTPLAN.COM . IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE, COPY, TRANSFER, OR OTHERWISE EXPLOIT 3DLIFTPLAN. DEFINITIONS. As used in this Agreement, 'You' and 'Your' refers to any person or entity acquiring or using the Website under the terms of this Agreement. LOGIN/LICENSE. A1A grants to You a nonexclusive, nontransferable License to use the website. You may use the website to create lift plans, view load charts, simulate the lift and find the right crane for the lift you need to perform. You may make reasonable copies thereof to support the use of such crane provided that You shall only make exact copies of the documentation as originally provided and that You shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices as in the original. Your login will be registered to you and only you. You are not permitted to share your login with any other person or entity. Sharing your login information could result in the loss of your login, stored information and any and all purchases you have made associated with the login. LOGIN/LICENSE RESTRICTIONS. You may not (i), except as may be allowed by law, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the website application; (ii) copy any data, crane graphics, jobsite images; or (iv) use or copy the website application or documentation in any manner that is inconsistent with the terms of this Agreement. Your login/license is for You to use the website application and shall not be shared with any other person or entity without the consent of A1A. PROPRIETARY RIGHTS. The website and documentation are the intellectual property of A1A and are protected by United States copyright and intellectual property laws, international treaty provisions, and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of A1A in the website application supplied under this Agreement. A1A retains title and ownership of the website application and all subsequent copies, regardless of the form or media in or on which the copies may exist. The name 3D Lift Plan and 3dliftplan.com are the property of A1A and are protected under trademark laws. CONFIDENTIALITY. The website application and its contents constitute valuable trade secrets of A1A that require protection against unauthorized use, reproduction, distribution, and disclosure. You agree to maintain and protect the website application’s confidentiality and not to reproduce, distribute, or disclose, the website application or its contents to third parties. RESTRICTIONS ON DISCLOSURE. You shall not use, or permit others to use, directly or indirectly, the website application in any way not expressly permitted by this Agreement. You shall not use or disclose or permit others to use or disclose any proprietary and/or confidential information of A1A relating to the website application or otherwise acquired under or in connection with this Agreement, except if such information is rightfully part of the public domain, and except to the extent necessary to exercise the rights granted under this Agreement. Except as provided for in the above section entitled 'License,' You shall not make any copies of the website application or copy or otherwise reproduce all or any portion of any documentation supplied with the website application. TERM AND TERMINATION. This Agreement is effective for a period of fifty (50) years from the date you login and. However, A1A has the right to terminate this Agreement immediately, without judicial intervention, if You fail to comply with any term of this Agreement. Upon termination of this Agreement for any reason, You shall immediately cease using the website application, and at A1A’s request, provide A1A with certification from a principal officer of Your organization that You have complied in full with this Section. A1A warrants that the website application shall perform in all material respects the functions described in the Documentation when operated on a supported platform. Otherwise, the website application and documentation are provided to You 'AS IS' without any warranties whatsoever and A1A HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. LIMITATION OF LIABILITY. IN NO EVENT SHALL A1A BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF A1A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A1A’s AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT. GENERAL. You acknowledge that You have read this License Agreement, understand it, and that it is the complete and exclusive statement of Your agreement with A1A, which supersedes any prior agreement, oral or written, between A1A and You with respect to the website application. No variation of the terms of this Agreement will be enforceable against A1A unless each of A1A gives express consent of the same, in a duly signed writing. This Agreement shall be governed by the laws of the State of Florida. The provisions of the Uniform Computer Information Transactions Act ('UCITA') shall not apply to this Agreement. In any legal action relating to this Agreement, the parties agree that they shall be subject to the exercise of jurisdiction by any state or federal court sitting in the state of Florida.
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