MASTERWORKS™ Software License Agreement

For Use With Annual Renewal Licenses of MASTERSPEC®


This is a License Agreeement, not a sales agreement, issued by Architectural Computer Services, Inc. (ARCOM). MASTERWORKS is produced, published, and distributed by ARCOM. By opening the MASTERWORKS package and the CD-ROM, you are agreeing to the following terms and conditions.

Terms and Conditions

The word MASTERSPEC refers to a version of The American Institute of Architects (AIA) copyrighted MASTERSPEC Specification System in hard copy and/or electronic media, formatted for use with a word-processor, and licensed on a one-time basis. The word "MASTERWORKS" below refers to the ARCOM copyrighted MASTERWORKS software, a member of the ARCOM SPECWARE family of specification enhancement software, in electronic media and the MASTERWORKS User's Guide.

MASTERSPEC is a registered trademark of the AIA MASTERWORKS is a trademark of ARCOM

MASTERSPEC Copyright 1998, AIA SPECWARE is a trademark of ARCOM

Governing Law

This License Agreement will be governed in all respects by the laws of the State of Utah.

Your Right to use MASTERWORKS

You are authorized to use MASTERWORKS provided that (i) you maintain an active MASTERSPEC License in accordance with the terms and conditions of the applicable MASTERSPEC License Agreement, (ii) you have not violated the terms and conditions of this License Agreement, and (iii) ARCOM has not terminated this License Agreement.

ARCOM, grants you a non-exclusive and non-transferable License to use MASTERWORKS solely and exclusively within your organization. MASTERWORKS may only be used to produce construction project specifications for use in connection with specific construction projects. You may network MASTERWORKS so that it can be used on other computers within your organization so long as all use is limited to the single address indicated on the order form and each individual who uses MASTERWORKS is familiar with the terms of this License Agreement. You may not (i) allow access to MASTERWORKS to anyone outside of your organization; (ii) decompile, reverse engineer, decrypt, disassemble, or otherwise reduce the software in MASTERWORKS into hard-copy form; or (iii) otherwise copy, distribute, rent, loan, disseminate, publish, sell or transfer any portion of MASTERWORKS. You may reproduce and distribute outside of your organization a specification produced through use of MASTERWORKS provided that distribution of the specification is solely and exclusively in connection with a single construction project for which the specification was originally produced. You may not resell, publish, or otherwise distribute any such specification for any other purpose, such as, but not limited to, advertising purposes, or general information or educational services without prior permission from ARCOM. ARCOM and the AIA retain all rights to MASTERWORKS not specifically granted by this License Agreement.

Disclaimer

Although the information presented in MASTERWORKS is set forth in good faith and believed to be correct, ARCOM and the AIA make no representation or warranty as to the completeness or accuracy thereof. Information is supplied on the condition that you will make your own determination as to its suitability for your purposes before its use. In no event will ARCOM or the AIA be responsible for damages of any kind resulting from the use or reliance on information or the materials, products, systems, or applications to which information refers. Nothing contained herein is to be construed as a recommendation to use any materials, product, process, system, or application.

ARCOM AND THE AIA MAKE NO REPRESENTATION OR WARRANTY HEREUNDER, EITHER EXPRESS OR IMPLIED, OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO INFORMATION OR THE MATERIALS, PRODUCTS, SYSTEMS, OR APPLICATIONS TO WHICH THE INFORMATION REFERS.

IN ADDITION AND NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL ARCOM, THE AIA, OR ANY AFFILIATE OR THIRD PARTY WHO HAS PARTICIPATED IN DEVELOPING, MARKETING, OR DISTRIBUTING MASTERWORKS, BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR ANY LOSS OF PROFITS INCURRED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THE USE OF MASTERWORKS.

You agree that if you find errors or ambiguities in MASTERWORKS, you will notify ARCOM promptly.

Updates

ARCOM will continue to develop and update MASTERWORKS. Your MASTERSPEC License fee covers services, updates, and enhancements to MASTERWORKS issued by ARCOM during the term of this License.

Refund Policy

If you are not satisfied with MASTERWORKS, you may cancel this License Agreement within 30 days of receipt by returning all components of MASTERWORKS to ARCOM, accompanied by a letter on your letterhead certifying that all copies that have been made are destroyed and that MASTERWORKS is not being used in any form. The license fee, less a 15 percent service charge, will be refunded. Refunds will not be provided for cancellation made more than 30 days after receipt of MASTERWORKS.

You may exchange damaged components of MASTERWORKS within 30 days of receipt at no charge, unless damage results from improper usage.

Termination

You may terminate this License Agreement at any time by destroying all copies of MASTERWORKS or by returning them to ARCOM. This License Agreement will automatically terminate at the end of one full year from the time you receive MASTERWORKS unless you renew by paying the annual MASTERSPEC License renewal fee as invoiced by ARCOM. ARCOM may terminate this License Agreementif you fail to comply with the terms and conditions of this License Agreement. Upon such termination, you agree to discontinue using MASTERWORKS. You further agree to return to ARCOM or destroy all components of MASTERWORKS and to certify in writing that MASTERWORKS has been removed from your continued access and use, and that MASTERWORKS has not been made available for use by any other party. Printed project specifications you create from MASTERWORKS during the term of this License Agreement may be used after termination.

Changes in Terms and Conditions

ARCOM reserves the right to revise MASTERWORKS at any time and to revise the terms and conditions of this License Agreement upon three month notice. Notifications of revisions to this License Agreement will be by direct correspondence or by publishing an announcement in one or more trade journals, i>AIA Architect, or SpecPress.