Terms & Conditions for ConsensusDOCS on DocuBuilder®
Below are specific legal terms and conditions that apply to any DocuBuilder® software download. You may only lawfully download DocuBuilder® if you agree to these terms and conditions. ConsensusDOCS, grants you permission to use DocuBuilder® only if you accept and agree to fully comply with these terms and conditions.
TERMS AND CONDITIONS OF DocuBuilder® LICENSE
This nonexclusive license is a legally binding agreement (hereinafter "Agreement") between User and ConsensusDOCS, and it gives User the right to use DocuBuilder® as specified herein. By accepting the terms and conditions, User understands this Agreement constitutes the entire agreement between User and ConsensusDOCS. User also agrees User shall be bound by this document:
1. DEFINITIONS
A. "ConsensusDOCS" means the ConsensusDOCS, LLC and any authorized representative.
B. "User" means the individual, company or other organization entering into this Agreement with ConsensusDOCS.
C. "DocuBuilder®" means ConsensusDOCS's licensed software that completes and modifies Documents, any software, which is copyrighted and owned by ConsensusDOCS or other entities, documentation copyrighted by ConsensusDOCS, content supplied under license by other parties for use in the DocuBuilder® program, and the media, including CD-ROM and the Internet, through which DocuBuilder® or any portion thereof is delivered to the User.
D. "Subscription Mode" means the option for using DocuBuilder® where the User pays in advance an annual license fee.
E. "Term" means the one-year period beginning with the date that ConsensusDOCS accepts a Users's subscription, and any subsequent one-year extension(s) mutually agreed upon by ConsensusDOCS and User.
F. "Subscription Date" means the date the User's application for use of DocuBuilder® in Subscription Mode has been accepted by ConsensusDOCS.
G. "Meter Mode" means the option for using DocuBuilder® under which the User pays on a per-document basis for each document output.
H. "Documents" means any documents published and copyrighted by ConsensusDOCS that are accessible through DocuBuilder®.
I. "Organization" means any form of corporation, company, unincorporated partnership, partnership, or any other type of business that is not a sole-proprietorship.
2. USER OPTIONS
User may elect to use DocuBuilder® in either Subscription Mode or in Meter Mode. Unless otherwise specified, the provisions of this Agreement are applicable to each of these user modes.
A. Subscription Mode. User agrees to pay an advance annual license fee to use DocuBuilder® for the Term. User shall not continue to use DocuBuilder® beyond the expiration of the Term. Advance payment of the renewal license fee will automatically extend the Term.
B. Meter Mode. User agrees to deposit funds into an account for use of DocuBuilder® on a per-document basis. Fees are charged against the account for each completed document delivered.
3. USER RIGHTS AND RESTRICTIONS
A. Authorized Persons. If User is an individual, only that individual is permitted to use DocuBuilder®. If User is an Organization, anyone employed by or owning the Organization may use DocuBuilder® at the address in your ConsensusDOCS account registration. User may use DocuBuilder® at a subsequent address if the Organization moves and notified ConsensusDOCS in writing. User SHALL NOT permit any parent subsidiaries, affiliated entities or third parties to use DocuBuilder® without ConsensusDOCS's prior written permission.
B. Permissible Uses. DocuBuilder® may be used to produce ConsensusDOCS documents for specific construction projects, but SHALL NOT be used for other purposes. This means that User may use DocuBuilder® to develop a contract between owner and general contractor, but must use a separate contract between the general contractor and the subcontractor. DocuBuilder® may be used on a network, provided the number of concurrent users does not exceed the number permitted under User's DocuBuilder® license.
C. Reproduction Limits. Documents produced through DocuBuilder® may be reproduced and distributed for use in connection with the specific construction project for which they were originally created up to NINE (9) times. ANY OTHER REPRODUCTION AND DISTRIBUTION OF DOCUMENTS IS PROHIBITED WITHOUT the prior written permission of ConsensusDOCS. User acknowledges and agrees that it has no rights, tangible or intangible, in or to DocuBuilder® other than those expressly granted in this Agreement.
D. Impermissable Uses. User SHALL NOT REPRODUCE, publish, distribute, or otherwise make use of Documents produced through DocuBuilder for the use of others, or allow another party to reproduce DocuBuilder® or the Documents, except as permitted herein. User is prohibited from downloading, copying, or storing substantial portions of DocuBuilder® except as actually necessary for its use in accordance with the terms of this Agreement. User is prohibited from republishing, renting, leasing, sublicensing, selling or distributing all or any portion of DocuBuilder®, including any of its content. User is also prohibited from electronically, or in any other format, transferring all or any portion of DocuBuilder® to a third party or translating all or any portion of DocuBuilder® onto or into other computer software.
4. PROPERTY RIGHTS
User acknowledges that it has no rights, in or to DocuBuilder® other than those expressly granted in this Agreement. User also acknowledges that ConsensusDOCS and DocuBuilder® are trademarks owned by ConsensusDOCS.
5. TRANSFER OF NONEXCLUSIVE LICENSE
This agreement is for the exclusive benefit of ConsensusDOCS and User. This Agreement and the license may only be assigned or transferred with ConsensusDOCS's prior written permission.
6. USER'S ACKNOWLEDGEMENT
DocuBuilder® is not intended as a substitute for competent professional services and advice. By accepting this Agreement, User acknowledges that AGC and its agents are not providing legal services through its use of DocuBuilder®. User acknowledges that it will obtain the assistance of legal and insurance counsel in the completion, modification, use and application of Documents to specific circumstances.
7. EXTERNAL LINKS
DocuBuilder may contain links to external web sites. ConsensusDOCS makes no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information or services associated with these sites.
8. EXPORT CONTROLS
User acknowledges and agrees that DocuBuilder® may not be exported or otherwise used in Cuba, Iraq, Libya, the countries of the former Yugoslavia, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or a national or resident thereof; or to anyone on the United States Treasury Department's List of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. User further represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
9. ConsensusDOCS's OBLIGATIONS
ConsensusDOCS may discontinue, modify or enhance features, functionality or content of DocuBuilder® or Documents produced at any time. This includes the removal of outdated Documents. ConsensusDOCS may distribute updates or revised versions of DocuBuilder® to User. ConsensusDOCS offers toll-free telephone support at 1-800-282-1423). Such support generally is available during 8:30 am to 5:30 pm ET on normal business days. User also may send support questions via e-mail to Support.
10. DISCLAIMER
User acknowledges and agrees that use of DocuBuilder® is at its own risk. DocuBuilder® is offered in good faith. The software has been tested and is believed to function properly. The information contained therein is believed to be generally reliable
HOWEVER NEITHER ConsensusDOCS NOR ANYONE ELSE INVOVLED IN THE PREPARTION, REPRODUCTION, PROMOTION, OR DISTRIBUTION OF DOCUBUILDER MAKES ANY REPRESENTATION OR WARRANTY AS TO ITS QUALITY, COMPLETENESS, ACCURACY OR PERFORMANCE.
THESE DOCUMENTS HAVE IMPORTANT LEGAL AND INSURANCE CONSEQUENCES, AND ARE NOT INTENDED AS A SUBSTITUTE FOR COMPETENT PROFESSIONAL SERVICES AND ADVICE. CONSULTATION WITH AN ATTORNEY AND AN INSURANCE ADVISER IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS MAY VARY WITH RESPECT TO THE APPLICABILITY AND/OR ENFORCEABILITY OF SPECIFIC PROVISIONS IN THIS DOCUMENT.
THE COPYRIGHT HOLDER AND THE ENDORSERS OF THESE DOCUMENTS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ConsensusDOCS NOR ANYONE ELSE INVOLVED IN THE PREPARATION, REPRODUCTION, PROMOTION, OR DISTRIBUTION OF DOCUBUILDER MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DOCUBUILDER, DOCUMENTS OR INFORMATION IN DOCUBUILDER, OR METHOD OF DELIVERY OF SUCH INFORMATION. THE USER ACKNOWLEDGES THAT SOFTWARE AND DATA ARE BOTH INHERENTLY SUBJECT TO ERROR. USER ASSUMES ALL LIABILITY WITH RESPECT TO THE USE OR MODIFICATION OF THIS DOCUMENT, AND THE COPYRIGHT HOLDER AND THE ENDORSERS OF THESE DOCUMENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH USE OR MODIFICATION. NO PARTY WILL BE RESPONSIBLE FOR ANY LOSS OF PROFITS INCURRED BY THE USER OR ANY THRID PARTY IN THE USE OF DOCUBUILDER OR ANY DOCUMENTS PRODUCED. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF AGC TO USER EXCEED THE AMOUNT OF THE REFUND PROVIDED IN "RETURN POLICY" BELOW.
DocuBuilder® is furnished to User assuming that User will make a reasonable determination as to their suitability for a particular purpose prior to their use. Nothing contained in this Agreement should be construed as a recommendation to use any Document for a particular purpose or application. Neither ConsensusDOCS nor anyone involved in the preparation, reproduction, promotion, or distribution of DocuBuilder® make any such representation or warranty, express or implied.
11. RETURN POLICY
If User orders DocuBuilder® on CD-ROM, any components of DocuBuilder® damaged during shipment to User will be replaced without charge upon return of the damaged components to ConsensusDOCS technical support.
If User in Subscription Mode is not satisfied with DocuBuilder® for any reason, ConsensusDOCS will refund the annual license fee, less a 10 percent service charge, upon return in good condition of all components of DocuBuilder® within 30 days of the Subscription Date. To receive the refund, User must call Technical Support and receive an Unsubscribe Access Key. User must also send with the returned copy of DocuBuilder® with a letter on the User's letterhead, explaining the reasons for the return and certifying that no copies of DocuBuilder have been retained. This refund shall be User's exclusive remedy under this Agreement. All returns should be sent to the following address: ConsensusDOCS DocuBuilder/Return, Two Piedmont Center, 3565 Piedmont Rd NE, Suite 300 Atlanta, GA 30305.
NO REFUNDS WILL BE PERMITTED WITH RESPECT TO METER MODE DocuBuilder® USERS.
12. CHANGES IN TERMS AND CONDITIONS
ConsensusDOCS reserves the right to change fees or to make changes in the terms and conditions of this Agreement. If User is in Subscription Mode, ConsensusDOCS must provide thirty (30) days' written notice of any such changes. If User does not agree to any amendments made to this Agreement, it may cancel its subscription by providing written notice of cancellation to ConsensusDOCS within thirty (30) days' of amendment notice. Any use by User of DocuBuilder® after receipt of amendment notice to this Agreement shall constitute User's agreement to be bound by the new terms.
ConsensusDOCS is not required to provide advance notice of any such changes to User if it is in Meter Mode.
13. CLAIMS
All claims arising out of or relating to this Agreement or to DocuBuilder®, including Documents produced, are to be submitted to and decided by binding arbitration in accordance with the current Commercial Arbitration Rules promulgated by the American Arbitration Association. The location of the arbitration shall be in or near Arlington, Virginia. The arbitration award shall be final, and judgment upon the award shall be confirmed in any court having jurisdiction. User is limited in all claims by applicable statute of limitations.
14. WAIVER
The waiver or failure of ConsensusDOCS to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of any further right under this Agreement.
15. GOVERNING LAW
This agreement and performance under this Agreement shall be governed by the laws of the Commonwealth of Virginia.
By indicating acceptance of this Agreement, User, if agreeing on behalf of a company or organization, certifies that he/she has the authority to make binding legal decisions for his/her company or organization, and that he/she has read this Agreement and all of its terms.