CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY VISITING THIS WEBSITE AND PURCHASING OUR SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, WE ASK THAT YOU PLEASE LEAVE OUR WEBSITE.
“You” means the person or company who is being licensed to use the Software or Documentation. “We,” “us” and “our” means Florida Tectonics, Inc, Building Code Solutions Group, www.windcalcs.Com, www.windcalcplus.com or Kenneth S. Risley, P.E..
We hereby grant you a nonexclusive license to use the Software for its intended use provided the Software is in use only for your own business use. Business use is that intended to create your own or your clients Construction Documents for your own professional reasons.
We remain the sole owner of all right, title and interest in the Software and related explanatory written materials (“Documentation”) and tutorials.
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.
Things You May Not Do
The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:
– Copy the Documentation,
– Copy the Software except to make archival or backup copies as provided above,
– Modify or adapt the Software or merge it into another program in any way,
– Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
– Place the Software onto a server so that it is accessible via a public network such as the Internet,
– Sublicense, rent, lease or lend any portion of the Software or Documentation.
– Share login details for the software to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf)
– Allow client access to the software.
You may not transfer your rights to use the Software and Documentation to another person or legal entity.
The downloadable area where access to your Software is provided to you will be online and available for use, or an alternative will be provided (we are under no liability should this area become unavailable)
The Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
This program performs specific functions as stated elsewhere (specifically showing what is required on Construction Documents per Section 1603 of the FBC and the IBC (or other applicable Code). The output of this software does not constitute Professional Engineering Judgement. You are to hire a Registered Engineer or Architect as required by the jurisdiction governing your permits and his or her requirements will trump any numbers generated by our software.
The output of this software delineates the general live loads, wind design data, geotechnical information, flood design data, and seismic data required to be placed on all construction documents, based on the prescriptive provisions of the Building Code prescribed.. The Code also requires that buildings be designed for “heavier loads based on anticipated occupancy.” It is the responsibility of the registered engineer or architect to identify such atypical structural conditions and delineate the structural requirements accordingly.
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software that does not meet the foregoing warranty if proof of ownership is provided.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the the United States and the Florida Statutes, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate our property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of , and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Marion County, Florida. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Marion County, Florida, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Due to the value of this software and its repeated use, we have a strict No-Refund Policy.
Chargebacks & Payments
Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against us.