End User License Agreement for RoofMeasurement services.
RoofMeasurement reports and service products are intended for use solely by the individual or organization purchasing the service. They may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from RoofMeasurement.
RoofMeasurement combines information garnered for interpreting multiple aerial image sources with other data sets on a best efforts basis with rapid response times and low costs being among the highest priorities requested by our customers. On occasion errors can occur; imagery may be outdated, image quality may vary and interpretation of image data can be complex. If you find we have made an error, we will correct it or return your money. Our target accuracy on measurements including pitch is 3%.
You are granted a limited license to use the RoofMeasurement report, hereinafter referred to as ”software“. The software may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.
RoofMeasurement pricing is as listed on the web site at the time of order submission. By selecting ‘confirm order’ you agree to pay for these services at the published prices. RoofMeasurement services are offered for single family home and for commercial buildings. Commercial buildings ordered as single family homes will automatically be converted to commercial orders and priced accordingly.
LICENSE
“THE SOFTWARE” SHALL BE TAKEN TO MEAN THE .ESX REPORT, DESIGN, OR SCHEMATIC AND ANY SUBEQUENT VERSIONS OR UPGRADES RECEIVED AS A RESULT OF HAVING PURCHASED THIS SERVICE. “BUYER” SHALL BE TAKEN AS THE ORIGINAL PURCHASER OF THE SOFTWARE. BUYER HAS THE NON-EXCLUSIVE RIGHT TO USE THE SOFTWARE. BUYER MAY NOT DISTRIBUTE COPIES OF THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION TO OTHERS EITHER FOR A FEE OR WITHOUT CHARGE. BUYER MAY NOT MODIFY OR TRANSLATE THE SOFTWARE EXCEPT FOR INTENDED USES SUCH AS WITH XACTIMATETM. BUYER’S PURCHASE OF THE SOFTWARE INDICATES HIS/HER ACCEPTANCE OF THESE TERMS AND CONDITIONS. THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, DELAWARE AND SHALL INURE TO THE BENEFIT OF ROOFMEASUREMENT OR ITS ASSIGNS.
DISCLAIMER / LIMITATION OF LIABILITY
BUYER ACKNOWLEDGES THAT THE SOFTWARE MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER’S NEEDS. ROOFMEASUREMENT WARRANTS THAT IT USES BEST EFFORTS TO CREATE SOFTWARE BY COMBINING INTERPRETATION OF MULTIPLE AERIAL IMAGE SOURCES WITH OTHER RELEVANT DATA. THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS”. BUYER’S EXCLUSIVE REMEDY SHALL CONSIST OF REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE. IN NO EVENT WILL ROOFMEASUREMENT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE SOFTWARE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
