IMPORTANT — READ CAREFULLY: This SHGI Corporation End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SHGI Corporation (the "COMPANY") for HomeGauge Inspection Software, which includes associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. COMPANY grants to you (either an individual or an entity) a non-exclusive, non-transferable license to make use of the SOFTWARE on any computer as long as you are the only inspector to use the SOFTWARE. Multiple inspectors require multiple licenses. Office staff that do not do inspections do not require a separate license.
b. Storage. You may also store or install a copy of the SOFTWARE on a storage device. A license for the SOFTWARE may not be shared or used concurrently by different inspectors.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. No Distribution. You may not copy, embed any portion of the SOFTWARE in your applets or applications, or in any other way resell, distribute or transfer the SOFTWARE or any portions of it.
b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. Rental. You may not rent, lease, or lend the SOFTWARE.
d. Termination. Without prejudice to any other rights, COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
3. DISCLAIMER
The HomeGauge software and its contents are not complete and need your expertise and knowledge of what to inspect and to have the ability to know if a component of the home is working properly. The report templates provided in the SOFTWARE are examples and are not meant to be exhaustive or all-inclusive. In providing these templates, COMPANY is not providing legal advice or representing or warranting the fitness of these templates for your intended use. The templates may require modification or additionals for your purposes, including to comply with state licensing requirements or association guidelines and to allocate liability under the agreement. You should review and modify these templates as needed for your intended use and you may wish to have them reviewed by legal counsel. COMPANY is not responsible or liable for any costs or damages resulting from, or related to, your use of the templates. The SOFTWARE is not intended to be a training manual or substitute for experience in home inspections. COMPANY does not certify or qualify an inspector as to whether or not he or she is capable of performing accurate home inspections. You are responsible for making sure every item that needs to be inspected is inspected and reported correctly. From time to time upgrades to the SOFTWARE may include features that can enable automatic checking of items as "Good condition." It is the user’s responsibility to verify or proof read the report before delivery to the users client. Some features may include settings that can automatically send a comment or item to a summary. It is the user’s responsibility to verify whether or not an item sent to the summary is proper and in accordancewith the user’s state licensing board or association guidelines. Spreadsheet formulas and mathmatics: The math, power company rate, and or the spreadsheet formulas may be incorrect for your area, or fundamentally wrong or in error. It is soley up to you, the home energy professional, Building Analyst, HERS Rater or auditor to make the necessary changes in the spreadsheets to reflect your climate and to ensure the spreadsheet’s accuracy. The included spreadsheets are intended to be an example and are not "out of the box ready." COMPANY makes no claim of the accuracy of reports and you will be fully responsible to ensure your report and spreadsheet, formulas, etc. are accurate.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by COMPANY. All rights reserved. The SOFTWARE is protected by copyright laws and international treaty provisions.
5. GOVERNING LAW
This Agreement will be governed by the laws in force in the State of North Carolina.
6. LIMITED WARRANTY
COMPANY warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by COMPANY shall be substantially as described in applicable written materials provided to you, and COMPANY support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. COMPANY's entire liability and your exclusive remedy shall be, at COMPANY's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet Limited Warranty and that is returned with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
8. COMPLIANCE
If you are a business or organization, or use the SOFTWARE for commercial purposes, you agree that upon request of COMPANY or a COMPANY representative, you will within thirty (30) days fully document and certify that your use of any and all COMPANY software at the time of the request is in conformity with your valid license(s).
9. INDEMNIFICATION
If you are a business or organization, or use the SOFTWARE for commercial purposes, you hereby agree to indemnify and hold COMPANY and its respective officers, directors, employees, successors and assigns, harmless against any and all claims, demands, suits, damages or expenses of whatever form or nature, including reasonable attorneys' fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of any acts or omissions of Inspector arising out of (i) your use of any template inspection agreement, and (ii) your use of HomeGauge products and services, including its online features and platform. Further, you agree to provide the below privacy notice to customers of yours whose information is provided to COMPANY, incorporated into the SOFTWARE, or incorporated into reports produced through use of the SOFTWARE.
In providing the home inspection and inspection report, information about the client, inspector, real estate professional, and home will be collected and input into HomeGauge home inspection software and services, which inspector uses to produce the inspection report. This information may include personally identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the third party provider of HomeGauge, its affiliates, and other parties for marketing and research purposes, to facilitate conversations between clients and home inspectors, and to market new or related products and services to clients. For more information on the collection and use of this information, please see the HomeGauge Privacy Policy at https://www.homegauge.com/resources/privacy-policy/.