End-User License Agreement for Software

IMPORTANT – READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The PBSJ Corporation (Corporation) for the Software that accompanies the EULA. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

1. GRANT OF LICENSE. The PBSJ Corporation grants you the following rights provided that you comply with all the terms and conditions of this EULA:

1.1 Installation and use. You may install and use copies of the Software.

1.2 You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the Software. You may not license or distribute copies of the Software by itself or as part of any other software, product or service. You may not grant customers of your product or service any rights to license or distribute the Software. You may not license or distribute the Software or imply any Corporation endorsement or association with any product, service, entity or activity.

1.3 You must defend and indemnify The PBSJ Corporation against any claims or lawsuits, including attorneys' fees, that arise from or result from the licensing or distribution of this software.

2. RESERVATION OF RIGHTS AND OWNERSHIP. The PBSJ Corporation reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Corporation owns the title, copyright, and other intellectual property in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of the Corporation.

3. CONSENT TO USE OF DATA. You agree that The PBSJ Corporation may collect and use technical information gathered as part of the product support provided to you, if any, related to the Software. The Corporation may use this information to improve our products or provide customized services or technologies in the future and will not disclose this information in a form that personally identifies you.

4. TERMINATION. Without prejudice to any other rights, The PBSJ Corporation 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.

5. DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

6. INDEMNIFICATION. YOU SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS THE PBSJ CORPORATION, AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH OR CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.

7. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of The PBSJ Corporation under any provisions of this EULA shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

8. Applicable Law. This EULA shall be governed by the laws of the State of Florida.

9. Entire Agreement; Severability. This EULA is the entire agreement between you and The PBSJ Corporation relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

I understand the above terms.

The PBSJ Corporation will not share or sell any personal information obtained from you with any other organization, unless required by law to do so. To read more about our Privacy Policy, click here.