FireSysCAD End User License Agreement

The FireSysCAD software is a subscription-based license, licensed to an individual end user under the terms of this End User License Agreement.

Download a signable copy of the EULA when you are ready to purchase FireSysCAD.

NOTICE: Read this END USER LICENSE AGREEMENT carefully before installing, accessing, copying or using the FireSysCAD Software accompanying this agreement. Installing, accessing, copying or using the Software, creates a legally enforceable contract and constitutes acceptance of all terms and conditions of this agreement without modification.

Return: If you do not agree to all the terms of this agreement, or if you are not authorized to enter into this agreement, then you must not install, access, copy or use the Software, and you must, within 3 business days, delete and permanently erase from all computer memories and storage media all copies of the Software, Documents and Support Files. To obtain a refund, you must notify Licensor in writing that you have complied with the foregoing.

This End-User License Agreement, effective as of the date you accept the terms hereof (unless returned as specified above), is entered into between A’cad Solutions LLC, a Tennessee corporation, with an address at 3642 South Creek Road, Knoxville, TN, USA and the Licensee.

The parties agree as follows:


1.0 DEFINITIONS
   1.1 Licensor means A’cad Solutions LLC.
   1.2 Licensee means the User, together with the business or other entity for which the Software is obtained.
   1.3 Software means the FireSysCAD computer program, all accompanying files and AutoCAD blocks.
   1.4 Documentation means the user guide, help information and/or other documentation provided by Licensor with the Software.
   1.5 Updates means, if applicable, any patch, update or new version of the Software delivered to Licensee pursuant to the Support Services.
   1.6 User means you, the individual who accepts this Agreement, not any other person.
   1.7 Yearly Maintenance Fee means a yearly maintenance fee the Licensee agrees to pay to Licensor no later than each anniversary of the installation date.

2.0 LICENSE
   2.1 Software. The Software and Documentation are licensed and not sold. The Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Licensor owns the intellectual property rights to the Software. Neither the Licensee nor the User may assign any rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer any rights to the Software.
   2.2 Limitations. User may use one copy of the Software solely for Licensee’s internal business purposes, and only on one computer. However, subject to the same use limitations and restrictions, User may install a second copy of the Software on either one of a (a) portable or (b) home computer under Users control, provided that: (a) the two copies of the Software are not used at the same time and (b) the second copy of the Software is removed and not used after such time that User is no longer the primary user of the computer on which the primary copy of the Software is installed.
   2.3 License Control. Licensee acknowledges that the Software may contain code or require devices that detect or prevent unauthorized use of, or disable, the Software.
   2.4 Termination. Licensee may terminate the License and this Agreement at any time by destroying all copies of the Software and Documentation. The License and this Agreement will also terminate automatically if Licensee fails to comply with any term or condition in this Agreement.

3.0 RESTRICTIONS
Licensee may use this Product in its business as long as:
   3.1 The Software serial number and User must be registered with Licensor in order to use the software and to receive Support subject to 4.1.
   3.2 None of the proprietary notices, labels or trademarks on the Software or Documentation are removed.
   3.3 The Software is not modified, de-compiled, disassembled, reverse engineered or.
   3.4 Licensee may not distribute, rent, sub-license or otherwise make available to any other third party the Software or Documentation or copies thereof, without prior written consent from Licensor. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this End-User License Agreement.

4.0 SUPPORT SERVICES
   4.1 Support. Licensor will use commercially reasonable efforts to provide Licensee with Software maintenance and support in accordance with its standard practices (as amended from time to time. Licensor shall have no obligation to support any version other than the then current version. Licensee agrees that Licensor may charge in accordance with its current policies and rates for any support services resulting from (a) problems, errors or inquiries relating to any hardware, system, service or other software or (b) use of any unsupported version of the Software or (c) for any changes made to support files (block drawings and Excel file) by the Licensee or if the Licensee has made any changes to the Software program or if the Licensee fails to maintain payment of the Yearly Maintenance Fee.
   4.2 Updates. Licensor will provide Licensee with any Update that it makes generally available to its other licensees which have purchased the same level of support. Any Update delivered by Licensor shall be treated as Software for all purposes under this Agreement.
   4.3 Yearly Maintenance Fee. An Yearly Maintenance Fee will be assessed for each license. The Yearly Maintenance Fee entitles the Licensee to all Updates (service packs and product enhancements) of the Software and Documentation. Failure to pay the Yearly Maintenance Fee may require the Licensee to pay missed Yearly Maintenance Fees and pay for any new training and/or installation costs. If Licensee does not pay the Yearly Maintenance Fees for five years, then Licensee must purchase a new license to continue use of the Software.

4.0 DISCLAIMER
   4.1 Licensor disclaims and makes no warranties, express or implied, concerning the Software, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, freedom from loss of data, or non-infringement. Licensor does not warrant that the FireSysCAD Software will operate uninterrupted or error-free.
   4.2 Licensee acknowledges that the Software may not be free of defects and may not satisfy all of the Licensee’s needs.
   4.3 The Software is a preliminary design tool and is not to be used as an engineering program. Use of the Software is not a replacement for a professional fire alarm engineer, and is not intended for the creation of completed production-ready projects.

5.0 LIMITATION OF LIABILITY
   5.1 Licensor shall not be liable for any (a) Special damages, (b) Indirect damages, (c) Punitive damages, (d) Incidental damages, (e) Consequential damages, or (f) any damages resulting from (1) Loss of use, (2) Loss of data, (3) Loss of profits, or (4) Loss of use of products,
regardless of whether the action is based on warranty, contract, negligence, other tort, or any other cause of action, even if Licensor has been advised of the possibility of such damage

6.0 GENERAL
   6.1 No waiver of any provision of this License or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder will constitute a waiver or relinquishment of any other right or remedy, or future exercise thereof.
   6.2 All notices must be in writing and will be deemed to be delivered when by certified mail, postage prepaid, return receipt requested or by a nationally known overnight mailing service, directed to the parties at the respective addresses given above or to such other address as either party may designate to the other party by notice given in conformance with this subsection.
   6.3 This License shall be governed by, and construed in accordance with the laws of the State of Tennessee, excluding its rules governing conflicts-of-law. Any dispute relating to this Agreement will be decided solely in the courts located in Knox County, Tennessee, and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose. In the event of Licensee violation of any of the provisions of this License, Licensor will be entitled to an award of its reasonable attorney’s fees, and in that regard reasonableness will be based on the legal services reasonably required to enforce the License and not based upon the dollar amount, if any, of the award against you.
   6.4 This Agreement constitutes the complete and binding agreement between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.
   6.5 If you fail to pay for the Software or you received a demonstration version of the software and decide not to purchase, you must cease and desist using all FireSysCAD Software and Documentation files and delete all Software and Documentation files immediately. This includes, but is not limited to, all AutoCAD device block drawings created by Design Alarms LLC.