This End User License Agreement ("Agreement") is between you and GC-CAD, LLC ("GC-CAD") and governs your installation and use of the GCnester software application, including any updates (the "Software"). By installing or using the Software, you agree to this Agreement.
1. License Grant
Subject to your compliance with this Agreement and payment of applicable subscription fees, GC-CAD grants you a limited, non-exclusive, non-transferable license to install and use the Software on computers you own or control, in accordance with the license type associated with your subscription plan.
2. License Types
- Each plan includes a number of seats. A seat permits the Software to be activated on one computer at a time.
- You may deactivate a computer from your GC-CAD account to free its seat and activate the Software on another computer.
- Standard and Pro plans include one seat. Business plans include three seats, and additional seats may be purchased for the same subscription. Any person at your organization may use an activated computer.
3. Restrictions
You may not reverse engineer, decompile, or disassemble the Software, except to the extent applicable law expressly permits such activity notwithstanding this limitation.
4. Ownership
The Software is licensed, not sold. GC-CAD and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights.
5. Updates
GC-CAD may provide updates to the Software from time to time. This Agreement applies to any updates unless a separate agreement is provided with such update.
6. License Verification
The Software communicates with GC-CAD's licensing servers to verify and manage your license, as described in our Privacy Policy. Continued use of the Software requires periodic successful license verification.
7. Export Control
You acknowledge that the Software may be subject to export control laws and regulations of the United States, including the Export Administration Regulations (EAR). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions or embargo, and that you are not listed on any U.S. government list of restricted or prohibited parties (including the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Denied Persons or Entity Lists). You agree not to export, re-export, or transfer the Software in violation of applicable export control laws.
8. Term and Termination
This Agreement remains in effect for as long as you use the Software. GC-CAD may terminate this Agreement if you fail to comply with its terms, or if your associated subscription lapses or is cancelled. Upon termination, you must cease using the Software.
9. Warranty Disclaimer
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GC-CAD'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID TO GC-CAD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. GC-CAD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11. Governing Law
This Agreement is governed by the laws of the State of Tennessee, and any dispute will be brought exclusively in the state or federal courts located in Washington County, Tennessee.
12. Entire Agreement
This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and GC-CAD regarding the Software and supersedes any prior agreements on this subject.
13. Contact Us
Questions about this Agreement can be sent to support@gc-cad.com.