All use of Contractors Register, Inc. World Wide Web pages is subject to the terms and conditions set forth below. Any use of such Web pages constitutes the users agreement to abide by the following terms and conditions.
All information provided by The Blue Book, is owned by Contractors Register, Inc. Except for making copies of limited portions of The Blue Book information on an ad hoc basis or downloading as expressly authorized by Contractors Register, Inc., The Blue Book information may not be reproduced, electronically or in print without the express written consent of Contractors Register, Inc. Unauthorized access is prohibited and usage may be monitored.
Contractors Register, Inc. makes no guarantees or warranties as to the accuracy or completeness of The Blue Book information. In compiling a directory of this magnitude, errors and/or omissions may occur. While care is taken to avoid this, the publisher cannot be responsible for any loss or damage resulting from any such error or omission.
Advertisers entering information on any of these Web pages are responsible for the content of that material. Contractors Register, Inc. has no responsibility for the content of any messages or information posted by advertisers. However, Contractors Register, Inc. reserves the right, in its sole discretion, to delete any material which it deems to be illegal, offensive or otherwise inappropriate.
Users may "link" to other sites on the Internet which are not part of Contractors Register, Inc. Web pages. Contractors Register assumes no responsibility for any material outside The Blue Book Web pages which may be accessed through any such links.
The users agrees to indemnify Contractors Register, Inc. from any damages, losses, costs or expenses which Contractors Register, Inc may incur as a result of material entered into these Web pages by the user.
At Contractors Register Inc., we are committed to protecting privacy. Contractors Register, Inc. makes significant efforts to protect against unauthorized access to private information, including, where appropriate, protecting information by encryption and other technologies suitably in line with current Industry standards. As part of the operation of an interactive web site some information is needed from you. The data you input is used in your interaction with our web sites and may be collected for additional use as well. Generally, as a business-to-business service provider, the information we collect (such as business name and address) is not private. Any private information that we do collect is protected consistent with this policy.
Our policy is not to disclose private information to others, except when necessary to third parties performing work for us involving that information, or if disclosure is required by law or pursuant to judicial or governmental investigations or proceedings. For information provided to third parties under contract we require that those third parties protect the private information consistent with this Privacy Policy, and not use or disclose that information for any purpose other than providing us with products or services for which we contracted.
Although we reserve the right to make changes to this policy without any further or additional notice to you or to others, we will post any such changes on this page. Our sites may contain links to other web sites. We are not responsible for the privacy policies of those other sites. You should read those policies.
If you have questions about this policy or our terms of use, please contact info@thebluebook.com.
Thank You!
CONTRACTORS REGISTER, INC.
END USER LICENSE AGREEMENT
Copyright© 2012 Contractors Register, Inc. All rights reserved.
IMPORTANT - READ CAREFULLY:
1. PURPOSE
1.1 This End-User License Agreement (“EULA”) is a legal agreement between You (“You” and “Your” includes you personally and, if applicable, on behalf of the entity for whom you are using the Software (as defined herein)) and Contractors Register, Inc., its subsidiaries, affiliates and licensees (collectively “CRI”) concerning Your authorized use of the following, including, without limitation, any updates and revisions to the following that CRI may provide (each, a “Software Product”): My Blue Book™, BB-Supply™, EBB™ (Electronic Blue Book), BB Bid™, Vu360™, Syncware™, BB Bid Plan Room™, BPMSelect and BPMSelect Plugins. This EULA defines the conditions under which CRI makes the Software available to You and the conditions under which You may have access to and use the Software. For purposes of this EULA, “Software” shall mean all of the Software Products collectively and/or any or each of such Software Products, as the context requires.
1.2 The Software includes computer software with object code component parts, all other component parts, any associated media, any printed materials, any updates, and any “online” or electronic documentation, as applicable.
1.3 BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING ANY OF THE SOFTWARE PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA, INCLUDING THE WEBSITE TERMS AND PRIVACY POLICY (AS EACH IS HEREINAFTER DEFINED) WHICH ARE INCORPORATED HEREIN AND MADE A PART HEREOF. IF YOU DO NOT AGREE TO BE SO BOUND, CRI IS UNWILLING TO LICENSE ANY OF THE SOFTWARE PRODUCTS TO YOU AND YOU MAY NOT ACCESS, INSTALL, COPY OR OTHERWISE USE ANY OF THE SOFTWARE PRODUCTS.
2. ACCESS TO CRI’S NETWORK VIA THE SOFTWARE
2.1 Except as expressly provided herein, the Software is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. You must comply with all of the terms and conditions of this EULA, the policies referred to herein, and all applicable laws, regulations and rules when You use the Software.
2.2 The Software may provide access to, or be made available by CRI through, CRI’s websites and network/Internet servers (“Network”) used by CRI to support certain functionality of the Software and enables You to share Postings (as hereinafter defined) with those users authorized by You to access Your Postings. Access to CRI’s Network is by means of the user’s computer which runs the Software and is connected to a telecommunications network allowing access to CRI’s Network. The communication protocols used by the Software are those currently used by the Internet network. The rights of access to and use of CRI’s Network are non-exclusive and non-transferable. While continuous access to the Internet and to CRI’s Network is not required for You to use the Software (i.e., portions of the Software may be used offline), Your access to, and certain functionality of, the Software will automatically be shut down if You haven’t accessed the Network for a period of thirty (30) days until such time as You do access the Network (at which time Your access to the Software will be automatically restored). No automatic shut down or restriction of the Software pursuant to this Section will result in the termination of this EULA or any of the terms and conditions herein.
2.3 CRI uses the means that it believes is reasonable to provide access to its Network through the Software 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of CRI and subject to any breakdowns or maintenance operations required to ensure the smooth operation of its website service and equipment. CRI will not be liable for any failure or deficiency in the performance of its Network by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CRI, fire, terrorism, natural disaster or war.
3. LICENSE GRANT; SINGLE USER
3.1 Subject to the terms and conditions of this EULA, CRI hereby grants to You a limited, non-sublicensable, non-exclusive, non-transferable right to use one copy of the specified version of each Software Product and the accompanying documentation, which shall include, without limitation, any printed materials, “online” or electronic data provided by or obtained from CRI with regard to the Software (“Documentation”), solely for Your individual use. Even though copies of the Software may be provided on media of different formats, including, without limitation, electronically over the Internet, copies of the Software on different media formats do not constitute multiple licenses to the Software. This license authorizes You to make one copy of the Software solely for backup or archival purposes, provided that the backup, archival or any other type of copies of the Software and Documentation You make contains all of the proprietary notices set forth in or on the version of the Software You are then using pursuant to this EULA.
3.2 You may use only one copy of the Software on a total of one computer or workstation or one such other electronic device for which the Software was designed (“Client Device”), unless otherwise set forth herein. The component parts of the Software may not be used individually or jointly, in full or in part, on more than one Client Device, unless otherwise set forth herein. The Software is “in use” on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) of such Client Device.
4. TERM
4.1 This EULA is effective unless and until You or CRI terminates this EULA in accordance with the terms set forth herein. Regardless of the location of the Software, You are responsible for strict compliance with any and all of the terms and conditions of this EULA, whether by You or any person or entity under Your control or in Your service.
4.2 CRI may, in its sole discretion, at any time and for any reason, terminate this EULA and/or modify or restrict Your access to CRI’s Network. CRI expressly reserves the right to, at any time and upon notice to You, make the Software available only to CRI customers or certain CRI customers based on their customer status and/or to charge CRI customers and/or other potential licensees of the Software a monetary fee for a license to use the Software and any other rights under this EULA.
4.3 Your license under this EULA will terminate automatically if You fail to comply in all material respects with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to CRI at law or in equity. In addition, without prejudice to any right and remedy set forth in this EULA or at law or in equity, CRI may terminate this EULA immediately following the failure to resolve the suspension of business, insolvency, institution of bankruptcy, liquidation proceedings by or against You, appointment of a trustee or receiver for Your property or business, or any assignment, reorganization or arrangement by You for the benefit of Your creditors.
4.4 When this EULA terminates, You must immediately cease using the Software and destroy all copies of the Software and the Documentation. You may terminate this EULA at any point by ceasing using the Software and destroying all copies of the Software and the Documentation. Your use of the Software and the Documentation will remain subject to the terms of this EULA (notwithstanding the termination of Your license) until such time as You shall have ceased use of and destroyed all copies of the Software and the Documentation as required hereby.
5. UPDATES
CRI may, in its sole discretion, make bug fixes, updates and/or service packs available for the Software. CRI may, in its sole discretion, release new versions of the Software under the same or different license terms and conditions as those contained herein. CRI reserves the right to revise the Software and Documentation and to make changes from time to time to the content thereof without obligation of CRI to notify any person or entity (including You) of such revision or changes.
6. POSTINGS
6.1 The Software may offer opportunities for You to post content to CRI’s Network in the form of text, pictures, drawings, plans or designs (“Posting”) that may be made available to the public. When You make a Posting to CRI’s Network through Your use of the Software or access Postings on CRI’s Network using CRI’s website features (“Site Features”), You will be subject to any additional guidelines, restrictions or rules applicable to such Postings and access, including, without limitation, any technical specifications that CRI may provide from time to time and CRI’s Website Terms and Conditions (“Website Terms”) and Privacy Policy (“Privacy Policy”), which are available at http://www.thebluebook.com or such other URL as CRI may provide from time to time (the “Site”). The Website Terms and the Privacy Policy and such other additional guidelines, restrictions and rules are hereby incorporated in this EULA by reference for all purposes and shall apply to Your use of the Software to the same extent they apply to Your use of the Site to which they relate.
6.2 When You use the Software and/or certain Site Features, You may be required to register and provide certain information, including Your name, email address and other required information.
6.3 Except for any disclosure authorized by You, CRI will use commercially reasonable efforts to maintain the confidentiality of all Postings and User Information (as defined below) in accordance with the Privacy Policy. Subject to the terms of the Privacy Policy and this Section 6.3, by submitting a Posting using the Software, You agree that no such Posting is or shall be deemed confidential and that You are granting CRI a perpetual, worldwide, royalty-free, non-exclusive, sublicenseable and irrevocable right and license to use, copy, reproduce, create derivative works based upon, distribute and display, and to access (and allow third parties to access), edit, delete or disclose, such Posting in whole or in part, in any form, media or technology known or hereafter developed. In addition, subject to the terms of the Privacy Policy and this Section 6.3, CRI may retain, use, access (and allow third parties to access), preserve, disclose, modify or delete any other information collected in connection with Your use of the Software or Site Features, including, without limitation, personal information (“User Information”). User Information collected by CRI may be stored and processed in the United States or any other country in which CRI or its agents maintain facilities. By using the Software or Site Features, You consent to any such transfer of User Information outside of Your country. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
7. RESTRICTIONS
You may not rent, lease, sublicense, loan, or resell the Software. You may only use the Software on a Client Device that is under Your exclusive control. You may not permit any parent, affiliate, subsidiary or any other third parties to benefit from the use or functionality of the Software, either directly or via a facility management, timesharing, service bureau or any other arrangement. You may not transfer any or all of the rights granted to You under this EULA. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive source code from the Software, or create derivative works based upon the Software, in whole or in part, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not duplicate or copy any portion of the Software or Documentation, except as otherwise set forth herein. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by CRI. CRI reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA.
8. OWNERSHIP RIGHTS
8.1 The Software and Documentation are protected by United States patent, copyright and/or other intellectual property laws and international treaty provisions. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software) and the Documentation, are owned by CRI and/or its suppliers, and the structure, organization and code relating to the Software and all other information or data supplied by CRI and its suppliers, including, without limitation, any and all information and data in machine readable form, are the valuable trade secrets of CRI and/or its suppliers. You acknowledge that Your possession, installation, or use of the Software does not transfer to You any ownership, title, or registrable interest of any kind in or to the intellectual property in the Software, and that You will not acquire any rights in or to the Software except as expressly set forth in this EULA. CRI’s suppliers, if any, of the Software or Documentation, or any portions thereof, are intended third party beneficiaries of this EULA and are entitled to enforce the terms of this EULA in their own names directly against You.
8.2 Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on the Site, including, without limitation, the marks, “Thebluebook.com,” “Contractors Register,” “Vu 360,” “Syncware,” “BB Bid Plan Room,” “The Blue Book,” “My Blue Book,” “BPM Select,” “Bid Scope,” “BB-Supply,” “The Blue Book Building and Construction,” “EBB (Electronic Blue Book),” “BB-Bid” and related design marks are owned by CRI, its licensors or other entities. Trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give You any rights of ownership in that trademark.
8.3 You agree that during the term of this EULA and for a period of one year thereafter, to the extent commercially reasonable under the circumstances, You will cooperate in the enforcement of all rights in and to the Software against infringers. Any failure by You to so enforce such rights, within a reasonable time after notification, that results in unauthorized copying or use of the Software by any third party, will, despite any other provision of this EULA and without limiting any legal or equitable rights CRI may have, entitle CRI to terminate this EULA.
9. PASSWORD AND ACCOUNT SECURITY
9.1 The Software may allow You to create Your own online account by completing a registration process. In doing so, You must provide CRI with accurate and complete registration information, and update it if Your information changes. It is particularly important to keep the e-mail address associated with Your account current because although You may be able to log into Your account using an old e-mail address, You will not be able to receive messages from CRI about Your Postings or other matters. If You provide any information that is untrue, inaccurate, incomplete or not current, or CRI has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CRI has the right to suspend or terminate any issued password and refuse any and all current or future use of the Software and Site Features.
9.2 Following Your registration, CRI will create an account for You and assign You, or allow You to select, a password. You must keep Your password confidential. You will be responsible for all use of Your password, including, without limitation, any use by any unauthorized third party. You must notify CRI immediately if You believe Your password may be used by any unauthorized person or entity. CRI may authenticate Your password periodically. For security purposes, CRI recommends You change Your password often. Under no circumstance should You respond to a request for Your password. CRI employees will never ask for Your password. You must notify CRI immediately if You receive such a request. CRI reserves the right to suspend or terminate Your use of the Software and Site Features if CRI believes that Your password is being used without permission or otherwise in a manner that may disrupt the Site Features.
10. REPRESENTATIONS; INDEMNIFICATION
10.1 You represent and warrant to CRI that: (i) You have the full power and authority to enter into and perform Your obligations under this EULA; (ii) Your assent to and performance of Your obligations under this EULA does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) You are age 18 or over and able to form a legally binding contract, and this EULA constitutes legal, valid and binding obligations on You, enforceable in accordance with their terms and conditions; (iv) neither Your use of the Software nor any Posting by You will (a) infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CRI or any third party; (b) constitute defamation, libel or obscenity; (c) result in any consumer fraud or product liability or cause injury to a third party; (d) promote violence or contain hate speech; or (e) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (v) You will comply with all applicable laws, rules and regulations in connection with Your use of the Software, including this EULA; and (vi) all information You provide in connection with Your use of the Software is and will be true and accurate.
10.2 You agree to indemnify and hold CRI and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs or expenses (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of this EULA or (ii) arising from, related to, or connected with Your use of the Software or Your negligent act, omission or willful misconduct. If You are obligated to provide indemnification pursuant to this provision, CRI may, in its sole and absolute discretion, control the disposition of any third party Claim at Your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any third party Claim related to this EULA or Your use of the Software without the consent of CRI.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
11.1 THE SOFTWARE AND ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, CRI MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR SOFTWARE CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.2 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CRI, ANY OTHER INDEMNIFIED PARTY OR CRI’S SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY CRI, ANY OTHER INDEMNIFIED PARTY OR CRI’S SUPPLIERS, AND EVEN IF CRI, ANY OTHER INDEMNIFIED PARTY OR CRI’S SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. EXPORT CONTROLS
During the term of this EULA, neither the Software, the Documentation nor the underlying information or technology may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By accessing, downloading or using the Software You are agreeing to the foregoing and You are certifying that You are not located in, under the control of, or a national or resident of any such country or on any such list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING:
EXPORT OF THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST THERE MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF, ENCRYPTION BY: BELGIUM, CHINA, FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT CRI HAS NO FURTHER RESPONSIBILITY AFTER THE INITIAL LICENSE TO YOU WITHIN THE ORIGINAL COUNTRY OF LICENSE.
13. CONFIDENTIALITY
You agree that the Software, including, but not limited to, the object code components, and any Documentation provided to You is “Confidential Information” of CRI. You shall retain all Confidential Information in strict confidence using at least the same amount of diligence that You exercise in preserving the secrecy of Your most valuable information, but in no event less than reasonable diligence. You shall: (i) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this EULA, and (ii) bind Your employees and agents to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA.
14. AUTHORIZED RESELLERS
Any authorized CRI reseller, installer or consultant is not affiliated with CRI in any capacity other than as a distributor, installer or consultant of CRI’s products and has no authority to bind CRI or modify any license or warranty. CRI makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized CRI reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized CRI reseller, installer or consultant with whom You associate.
15. UNITED STATES GOVERNMENT
The Software and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA or required by law.
16. JURISDICTION AND APPLICABLE LAW
This EULA shall be governed, construed and applied in all respects by and in accordance with the laws of the State of New York, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with this EULA or Your use of the Software shall be brought before the federal or state courts located in the State of New York. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Your use of the Software implies Your express consent to the personal jurisdiction and venue of such courts.
17. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
17.1 By entering into this EULA, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device with respect to the subject matter hereof. Any claims arising out of, relating to, or connected with this EULA or Your use of the Software must be asserted individually.
17.2 You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with this EULA or Your use of the Software must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
18. CORRESPONDENCE WITH CRI
To correspond with CRI by e-mail, You must use the email address provided herein. CRI’s replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from CRI to You shall be sent to You at the address provided by You.
19. ENTIRE AGREEMENT; SEVERABILITY
This EULA constitutes the entire agreement between the parties with respect to the use of the Software and the subject matter hereof, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such use and subject matter. If any provision of this EULA is held to be unenforceable or invalid in whole or in part, that provision shall be enforced, and the remaining provisions shall be given full force and effect, to the maximum extent permissible so as to effect the intent of the parties.
20. OTHER PROVISIONS
CRI’s failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA. You may not assign or otherwise transfer this EULA without the prior written consent of CRI. CRI may assign its rights and duties under this EULA to any party at any time without notice to You. If there is a conflict between this EULA and the most current version of this EULA posted at http://www.thebluebook.com/EULA, the form of EULA posted at http://www.thebluebook.com/EULA will prevail. It is Your responsibility to review the current form of EULA posted at http://www.thebluebook.com/EULA from time to time to review any changes or amendments to this EULA. Your continued use of the Software will indicate Your agreement to any changes therein. You hereby acknowledge a breach by You of this EULA would cause irreparable harm and significant injury to CRI that may be difficult to ascertain and that a remedy at law alone would be inadequate. You agree that CRI shall have the right to obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations under the EULA in addition to any other rights and remedies it may have.
21. COMMENTS, QUESTIONS AND REQUESTS
Please send any notices or requests by email to: legal@thebluebook.com
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