"Advanced Pool Design", "Advanced Pool Design Software", "Swimming Pool Design Software"

Terms & Conditions

Making copies of this software is illegal and immoral

This is a single user license. Please do not give my work away. I am a pool designer just like you. All of this software was personally developed by me through countless hours of work and effort. If you give it away, you are robbing me. The prices I am charging are very reasonable. If other people in your company want to use this software just give me call and I will give you a great deal on a multiple user license for the whole company. Thank you for your support and cooperation.

Don Detrich - 916 899-4139

I pay a $100 no questions asked fee for information leading to persons who have illegal copies of my software.

Advanced Pool Design (tm) Software

END USER LICENSE AGREEMENT

INSTALLING THIS SOFTWARE, COPYING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR OTHERWISE USE THE ADVANCED POOL DESIGN (tm) SOFTWARE.

1. GRANT OF LICENSE: Subject to the following terms, Don Detrich, d.b.a. Advanced Pool Design

(""Advanced Pool Design"") hereby grants you a non-exclusive, non-transferable license to: (i) install the Advanced Pool Design (tm) SOFTWARE AND CONTENT ("Software") (ii) use the Software for your personal use, and (iii) copy the Software for back-up or archival purposes. You may install, use, Design and Quote, display, run, or otherwise interact with ("RUN") one copy of the Software on a single computer. The primary user of the computer on which the Software is installed may make a second copy for his or her exclusive use on a portable computer.

You may also store or install a copy of the Software on a storage device, such as a network server, which is used to RUN the Software on your other computers over an internal network, however, you must acquire a license for each separate computer on which the Software is RUN from the storage device. A license for the Software may not be shared or used concurrently on different computers.

2. LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) publicly display the Software, copy (except for archival purposes) or distribute copies of the Software, or use the Software for any commercial purpose; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. If you violate any of the foregoing restrictions, the license to the Software will terminate automatically. Such termination will not limit Advanced Pool Design legal and equitable remedies.

3. TITLE: You agree that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Advanced Pool Design. The Software is protected by the laws of the United States and international treaties.

4. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. You may also terminate this License Agreement at any time by notifying Advanced Pool Design in writing of termination. Upon any termination of this License Agreement, you must uninstall all copies of the Software.

5. TECHNICAL SUPPORT: Technical support for the Software is available from Advanced Pool Design on a fee for services basis.

6. WARRANTY: DISCLAIMER OF IMPLIED WARRANTIES: Advanced Pool Design does not warrant that the function contained in the Software will meet Customer's requirements or that the operation of the product will be uninterrupted or error free. No other warranties, express or implied, are made with respect to the Software, including without limitation, warranties of merchantability or fitness for a particular purpose. Some states do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to you.

7. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL ADVANCED POOL DESIGN BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE DESIGN AND QUOTE(tm) SOFTWARE, EVEN IF ADVANCED POOL DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADVANCED POOL DESIGN' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE ADVANCED POOL DESIGN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

The foregoing further states the entire liability of the company for patent, trademark, copyright, trade secret or confidential information infringement or for any breach of warranty for non-infringement, express or implied. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. BREACH. Customer will be deemed to be in breach of the Agreement if Customer violates any covenant imposed under this Agreement.

9. GENERAL TERMS AND CONDITIONS. This Agreement supersedes all prior agreements and understandings, including oral representations between the parties relating to Customer's license for the Software, is intended by the parties as the complete and exclusive statement of the terms of this Agreement, and may be modified only in writing by both parties. Any terms and conditions set forth in Customer's purchase order, confirmation, or other writing pertaining to the license of the Software to Customer which are inconsistent with or additional to the provisions of this license shall be deemed to be offers to include such terms and conditions in this license and such offers are hereby rejected. Any waiver or breach of any provision of this Agreement shall not be deemed a waiver of any earlier or later breach of that provision or any other provision. This Agreement shall be governed by the laws of the state of California and shall inure to the benefit of "ADVANCED POOL DESIGN", its successors, and assigns. Sections 2, 6, 7 and 9 shall survive any termination of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY. IF ANY PART OF THIS AGREEMENT IS FOUND UNLAWFUL, VOID OR UNENFORCEABLE FOR ANY REASON, IT WILL NOT AFFECT THE BALANCE OF THE AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT AND UNDERSTANDING OF THE PARTIES WITH REGARD TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PRIOR AGREEMENTS OR UNDERSTANDINGS BETWEEN THE PARTIES. NOTWITHSTANDING THE FOREGOING,TO THE EXTENT THAT ANY LAW, STATUTE, TREATY OR REGULATION SHALL BE DEEMED BY A COURT TO PROVIDE YOU WITH ANY ADDITIONAL OR DIFFERENT RIGHTS FROM THOSE PROVIDED HEREIN AND SUCH RIGHTS SHALL BE DEEMED TO SUPERSEDE THE RIGHTS SPECIFICALLY PROVIDED FOR HEREIN, THEN SUCH LAW, STATUTE, TREATY OR REGULATION SHALL BE DEEMED TO BE MADE A PART OF THIS AGREEMENT.

YOU AGREE THAT YOU WILL NOT EXPORT OR RE-EXPORT THE SOFTWARE OUTSIDE OF THE JURISDICTION IN WHICH YOU OBTAINED IT WITHOUT THE APPROPRIATE UNITED STATES OR FOREIGN GOVERNMENT LICENSE.

ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY DON DETRICH, D.B.A. ADVANCED POOL DESIGN SERVICES.

Advanced Pool Design (tm) is a trademark or registered trademark of Don Detrich

don@advancedpooldesign.com

Advanced Pool Design (tm) is a trademark or registered trademark of Don Detrich

purchase@advancedpooldesign.com