CADALOG, INC. Podium Browser FREE AND PAID CATEGORY CONTENT END USER LICENSE AGREEMENT
NOTICE TO USERS: PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THE CONTENT THAT IS IN THE FREE OR PAID CATEGORY PODIUM BROWSER. USE OF COMPONENTS AND MATERIALS IN THE ANY CATEGORY OF PODIUM BROWSER MEANS YOU HAVE YOUR ACCEPTED THE TERMS OF THIS LICENSE AGREEMENT.
1. DEFINITIONS
This End User License Agreement ("EULA") is a legal agreement between you the End User (whether an individual or a recognized legal entity) (the "LICENSEE") and Cadalog, Inc.
2. LICENSE GRANT FOR PAID CONTENT
Cadalog, Inc. grants you one license to use the content of Podium Browser and to activate one license of Podium Browser Paid Category. It can be used on more than one computer but the license is only for one user. The license will activate three times only. There is no refund for the activated license under any circumstance. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means activating a license and downloading the Paid Category content. You may not rent, lease, lend, sell or sublicense the contents to another person, company or other entity. You may un-install Podium Browser from a computer, thereby deactivating the license and then installing Podium Browser and activating the same license (after it has been un-installing from a computer).
3. OWNERSHIP AND DEFINITION OF ALL CONTENT
The Podium Browser content is comprised of individual SketchUp models with SU Podium properties of specific design items and materials such as light fixtures, kitchen, bathroom, living room furniture. The content is downloaded from Cadalog, Inc. web server to your SketchUp model through the Podium Browser user interface. The content is developed or acquired by Cadalog, Inc. and is owned and copyrighted by Cadalog, Inc. Your license to use the content in your SketchUp model and/ or rendered images confers no title or ownership of the Podium Browser Paid Category content and should not be construed as a sale of any right. However, you may distribute Podium Browser content with your SketchUp models to your customers, clients or any third party so as long as the Podium Browser content itself is not distributed independently of your SketchUp model.
4. COPYRIGHT
Cadalog, Inc. rights are protected by international copyright law, international treaty provisions and other applicable law. You acknowledge that no title to the intellectual property in Podium Browser content is transferred to you. You further acknowledge that title and full ownership rights to Podium Browser content will remain the exclusive property of Cadalog, Inc. and you will not acquire any rights to Cadalog, Inc. except as expressly set forth in this license.
5. LIABILITY
You agree that you will defend, indemnify and hold Cadalog, Inc. harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any Cadalog, Inc. Product including claims brought against you for the use of the Podium Browser content. You further agree to hold harmless and protect Cadalog, Inc. against any such civil, legal or criminal claims which will be paid by licensee including court costs and judgments.
6. WARRANTY
Cadalog, Inc. does NOT warrants the product to be free from defects in material and workmanship. Cadalog, Inc. 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 non-infringement. The entire risk arising out of use or performance of Cadalog, Inc. remains with the LICENSEE.
7. GOVERNING LAW
This Agreement shall in all respects be governed by and construed in accordance with the laws in force in United States of America.
8. AMENDMENTS
Cadalog, Inc. reserves the right to amend this agreement at any time.
9. ENFORCEABILITY
There is no refund for a the purchase of a license of Podium Browser Paid content the license has been activated.
10. REFUND
There is no refund for a the purchase of a license of Podium Browser Paid content once the license has been activated. h