End User License Agreement

Chief Architect, Inc.

End User Software License Agreement for
Chief Architect Software

NOTICE TO USER:

PLEASE READ CAREFULLY: THIS IS A CONTRACT. BY INSTALLING, COPYING OR USING THIS
SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT, ON YOUR OWN BEHALF AND ON THE BEHALF OF THE ENTITY BY WHOM YOU ARE
EMPLOYED OR REPRESENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO
NOT INSTALL, USE OR COPY THE SOFTWARE. INSTEAD, RETURN THE SOFTWARE WITHIN THE
SPECIFIED GUARANTEE PERIOD TO THE PLACE OF PURCHASE FOR A REFUND OF YOUR
PURCHASE PRICE.

This Chief Architect, Inc. End User License Agreement ("License Agreement", or "EULA") is a legal agreement
between you (an individual or entity) and Chief Architect, Inc., and sets forth the terms and conditions under which
you are licensed to use the Software. "Software" means (A) all of the contents of the CD-ROM(s), DVD(s),
electronic download, online media, or any other media which is accompanied by this Agreement, including, but not
limited to (i) Chief Architect or third party software, (ii) printed, "online" or electronic explanatory materials
("Documentation"), (iii) digital images, sample plans, textures, images, symbols, photographs, videos or other
artistic works ("Graphical Files"), (B) hardware or software security key, if any, and (C) modified versions, updates,
upgrades, downloadable content, additions and copies of the software, if any, licensed to you by Chief Architect,
Inc. (collectively, "Updates").
1. GRANT OF LICENSE TO USE SOFTWARE: Chief Architect, Inc. grants you a non-exclusive, non-transferable
(except as provided below) license ("License") to use the Software in object code only (and specifically not in
source code) subject to the following terms and conditions:
(a)Software: Unless otherwise agreed to in writing, Chief Architect, Inc. grants you the right to use one copy of the
Software on only one computer at one location at any one time. This software is licensed for use by you and only
you. You may not share your license of this software with any other person, and you agree not to allow any other
person to use your license of this software. In order to use this software, each person much purchase their own valid
license;
(b)Storage/Network Use: You may store or install the Software on a network server or other storage device only to
install and run the Software on an internal network. You must, however, purchase and dedicate a separate license of
the Software for each computer and each concurrent user of the Software installed or accessed from a network
server or other storage device. A single license for the Software may not be shared or used concurrently on different
computers;
(c)Backup: You may make a backup copy of the Software for archival purposes. If printed Documentation
accompanies the Software, it may not be copied. If the Software is accompanied by Documentation in electronic
form, you may print out one (1) copy for your use which, in turn, may not be copied. A copy of the Software must
include all copyright notices and this License Agreement;
(d)If you receive one copy of the Software electronically and a second copy on media or by any other means, the
second copy may be used for archival purposes only and may not be transferred to or used by any other person. This


license does not grant you any right to any enhancement or update unless otherwise agreed to in writing by Chief
Architect, Inc.;
(e)The Student Edition of the Software must be used only by a student for qualified educational purposes and only
while actively studying at a qualified educational institution. The Student Edition of the Software shall not be used
for commercial purposes;
(f)The NKBA Exam Version of the Software must be used only by a registered NKBA Exam applicant and only for
the purpose of preparing for and taking the NKBA Exam. The NKBA Exam Version has a limited timeout period
and cannot be upgraded. The NKBA Exam Version of the Software shall not be used for commercial purposes;
(g)Academic Licenses are licensed for use by educational institutions for educational purposes only. If the Software
is licensed as an Academic License and you are not a qualified educational institution using the Software for
qualified educational purposes, then your license(s) of the Software are invalid.
2. OTHER RIGHTS AND RESTRICTIONS:
(a)Reverse Engineering: You may not modify, translate, reverse engineer, decompile, disassemble, or modify the
Software in any way or use any other method to convert the Software or any component of the Software into human-
readable code, create derivative works based upon the Software, Documentation, or Graphical Files or allow anyone
else to do so;
(b)Renting: You may not rent, lease, sub-license, lend, duplicate or distribute the Software, Documentation, or
Graphical Files without the prior written consent of Chief Architect, Inc., which, if given, is subject to the
transferee's consent to the terms and conditions of this License Agreement;
(c)Copying: You may not copy or reproduce the Software, Documentation, or Graphical Files (except for personal
back-up purposes);
(d)Upgrades: If the Software is being licensed to you as an upgrade, renewal, or update to software previously
licensed to you, you must cease using the software previously licensed to you, including any and all copies installed
on your computers, once you have successfully installed and commenced use of the upgrade, renewal, or update
software. You may not transfer, sell, or loan the software version previously licensed to you to any other person or
entity. Any unauthorized attempt to transfer or sell the software previously licensed to you will result in automatic
termination of your current software license. You may, however, maintain a copy of the software previously
licensed to you for your own archival purposes only;
(e)The Student Edition has a limited timeout period and cannot be upgraded;
(f)Proprietary Notices: You may not remove any proprietary notices or labels from the Software, Documentation, or
Graphical Files;
(g)Protection: You may not utilize any computer hardware or software designed to defeat any hardware or software
copy-protection device, should the Software be equipped with such protection. You may not disable any copy-
protection or security control features of the Software;
(h)Licensing and Authentication: This Software uses security technology to authenticate your software installation
and protect your license from unauthorized use. You agree to allow the Software to send this security information to
the Chief Architect security servers for authentication. You may not disable any such security, licensing, or control
features of the Software;
(i)Public Access: You may not copy the Software, Graphical Files, or any component of the Software onto any
public network. You may not, in any manner, make it accessible to others, including via internet Web site,
telecommunication transmittal, electronic bulletin board, cloud service, or any other form of electronic distribution
system;
(j)Distribution: This Software and all components of the Software are licensed for your use only. You may not share
or distribute the Software to any other party or entity. You may share only images, textures, and symbols used by
your design with other licensed users of the software; however, you may not share or distribute these files or
exported versions of these files to any other party or entity for use as library content with other software programs.
Use of Chief Architect Graphical Files as library content within other software programs is a violation of this
License Agreement.


3. TRANSFERRING YOUR SOFTWARE: You may permanently transfer your license to another person or entity
only upon written approval by Chief Architect, Inc., and according to the following terms and conditions:
(a)You must fill out, sign, and return to Chief Architect, Inc. the Certificate of Transfer of Ownership prior to any
transfer of the Software. This is available through the Chief Architect, Inc.s Customer Service Department. Call
Chief Architect, Inc.'s Customer Service Department prior to any transfer in order to receive this document;
(b)The transferor or transferee must pay to Chief Architect, Inc. a license transfer fee for each license transferred to
complete the process of transfer of ownership;
(c)You may permanently transfer a current, valid and eligible license for the Software, for which full price was paid.
If you received a discount or rebate on the Software, you must pay to Chief Architect, Inc. the difference in price
between your discounted price and the full price of the Software for each license transferred. You must deliver the
Software to the transferee in its entirety and must not retain any copy of the Software on any computer or storage
media, including backup or archival copies;
(d)You may transfer an Additional License and still retain other licenses of the Software only by paying to Chief
Architect, Inc. the difference in price between the full retail price of the Software and the net price paid (including
discounts and rebates) for each Additional License transferred;
(e)If you own multiple licenses and you wish to transfer a license, the license to be transferred shall be the license
for which you received the largest discount or rebate;
(f)Your License will automatically terminate upon any transfer of the Software;
(g)If the Software being transferred is an Upgrade, you must cease using all prior versions of the Software,
Documentation, and Graphical Files as well. You must uninstall all versions of the software and you may not use or
retain any copy of any prior version of the Software;
(h)You may not transfer any earlier versions of Software which have been upgraded;
(i)You may not transfer a license of the Software that was purchased under the Chief Architect National Accounts
program;
(j)You may not transfer a Not For Resale (NFR) license of the Software. You also may not transfer a Presentation
license, a Student license, or an Academic license of the Software;
(k)You may not transfer any NKBA Exam Version license of the Software;
(l)The recipient of the transfer shall agree to all the terms of this License Agreement as a condition of the transfer.
4. TITLE: Title, ownership, rights, and intellectual property rights in and to the Software, Documentation, Graphical
Files, and any other accompanying materials shall remain with Chief Architect, Inc. or the respective third party.
Title, ownership, rights, and intellectual property rights in and to each of the Sample Drawings and any
accompanying materials shall remain with each Licensor from whom Chief Architect, Inc. licensed each Sample
Drawing and any accompanying materials. Unauthorized copying of the Software, Documentation, Graphical Files,
or Sample Drawings, or failure to comply with the foregoing restrictions, will result in the automatic termination of
this License Agreement. Unauthorized duplication of the Software, Documentation, Graphical Files, or Sample
Drawings constitutes copyright infringement and in the United States is punishable in a federal criminal action by a
fine of up to $250,000 and imprisonment of up to five (5) years. In addition, federal civil penalties allow the
recovery of actual damages based on the number of unauthorized copies produced or statutory damages of up to
$100,000 for willful copyright infringement.
5. THIRD PARTY CONTENT: All trademarks and logos belong to their respective owners. All Graphical Files and
Content, including symbols, images, textures, backdrops, text, and videos are the copyright subject matter of Chief
Architect, Inc. or third parties. The Graphical Files and Content included with the Software are provided for use with
the Software only. You shall not use the Graphical Files or Content included with the Software for any other
purpose outside of the Software plan files. You shall not sell or distribute the Graphical Files or Content for any
purpose whatsoever. You shall not use the Graphical Files or Content with other software. Chief Architect, Inc. and
third party content, symbols, text, or textures shall not be copied, redistributed, or sold separately from the Software.
Chief Architect, Inc. and third party product content is provided for representational purposes only. Chief Architect,
Inc. and third parties assume no responsibility for any discrepancies between actual product appearance and that


represented in the Software, or between actual pricing, characteristics, and specifications, and that mentioned
anywhere in the Software or Documentation.
6. MONEY-BACK GUARANTEE PERIOD: The Software has a money-back guarantee for satisfaction. During the
money-back guarantee period (the "Guarantee Period") following your first purchase of the Software, you may
request to return the Software, Documentation, Security Device (if any), and packaging, along with the original
purchase receipt, for a refund of the purchase price, less any applicable shipping fees, taxes, duties, discounts, and
rebates paid. This money-back guarantee does not apply to license transfers. You agree to contact Chief Architect,
Inc. in order to obtain and perform proper return material authorization ("RMA") steps prior to returning the
Software. You also agree to uninstall and deactivate the Software and all of its related files and content from your
computer prior to returning the product.
If, after returning the Software, Documentation, Security Device (if any), and packaging for a refund, you
repurchase any version of the Software again, you are, by the act of repurchasing the Software, acknowledging
satisfaction with the Software, and by doing so agree to purchase and keep the Software permanently without the
option to return it for a refund.
7. GRANT OF LICENSE TO USE SAMPLE DRAWINGS: Chief Architect, Inc. has licensed from third parties
(the "Licensors") sample drawings that may be included in the Software. These Sample Drawings are provided to
you by Chief Architect, Inc. solely for demonstrative and illustrative purposes to help you more quickly learn and
better understand the functional capabilities of the Software, and are licensed to you solely for these limited
purposes. You may not reproduce, distribute or use these Sample Drawings for any other purpose without the prior
written consent of Chief Architect, Inc. and the Licensor(s) from whom these Sample Drawings were licensed by
Chief Architect, Inc..
8. LIMITED SOFTWARE WARRANTY: Chief Architect, Inc. warrants that for a period of sixty (60) days from
the date of your purchase of the Software as evidenced by an original copy of your receipt, the media upon which
the Software is furnished will be free from defects in materials and workmanship under normal use. EXCEPT FOR
THE ABOVE EXPRESS LIMITED WARRANTIES, CHIEF ARCHITECT, INC. MAKES NO WARRANTIES
AS TO THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU.
CHIEF ARCHITECT, INC. SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE SOFTWARE, AND THE ACCOMPANYING WRITTEN MATERIALS. CHIEF
ARCHITECT, INC. DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE
UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE. If this
Software was purchased in the United States, the above exclusions may not apply to you as some states do not allow
the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which
vary from state to state.
9. CUSTOMER REMEDIES: The entire liability of Chief Architect, Inc. and your exclusive remedy under the
warranty provided as to Software set forth above will be, at Chief Architect, Inc.'s sole discretion: (i) to replace the
media; (ii) to attempt to correct or work around software media errors, if any; or (iii) if the above remedies are
impracticable to refund the license fee you paid, if any, for the Software. The latter remedy is subject to pre-
authorized return of the Software, Documentation, Security Device (if any) and packaging to Chief Architect, Inc. or
to the Authorized Chief Architect, Inc. Dealer or Reseller from whom the Product was obtained together with an
original copy of your receipt.
Repaired, corrected or replaced software media and documentation shall be covered by this limited warranty for the
period remaining under the warranty that covered the original Software or, if longer, for thirty (30) days after the
date Chief Architect, Inc. shipped the repaired or replaced software media or documentation to you. Only if you
inform Chief Architect, Inc. of the problem with the software media or documentation during the applicable
warranty period and provide evidence of the date you acquired the Software will Chief Architect, Inc. honor this
warranty.
10. NO WARRANTY AS TO THE SAMPLE DRAWINGS, SAMPLE PLANS, LIBRARY CONTENT, OR
VIDEOS: CHIEF ARCHITECT, INC. MAKES NO WARRANTY WHATSOEVER AS TO THE SAMPLE
DRAWINGS, SAMPLE PLANS, LIBRARY CONTENT, OR TRAINING VIDEOS WHICH ARE PROVIDED TO
YOU SOLELY FOR DEMONSTRATIVE AND ILLUSTRATIVE PURPOSES. CHIEF ARCHITECT, INC.


MAKES NO WARRANTY THAT THE DIMENSIONS IN THE SAMPLE DRAWINGS, SAMPLE PLANS,
LIBRARY CONTENT, OR VIDEOS ARE ACCURATE AND FREE OF DISCREPANCIES. CHIEF
ARCHITECT, INC. MAKES NO WARRANTY THAT THE LIBRARY CONTENT, SAMPLE DRAWINGS, OR
SAMPLE PLANS COMPLY WITH ANY BUILDING CODES. THE LIBRARY CONTENT, SAMPLE
DRAWINGS, AND SAMPLE PLANS ARE PROVIDED TO YOU "AS IS," AND CHIEF ARCHITECT, INC.
AND THE LICENSORS OF THE LIBRARY CONTENT, SAMPLE DRAWINGS, AND SAMPLE PLANS
DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE LIBRARY CONTENT, SAMPLE
DRAWINGS, AND SAMPLE PLANS, WHETHER EXPRESS OR IMPLIED OR ARISING BY CUSTOM OR
TRADE USAGE, AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
11. DISCLAIMER AND LIMITATION OF LIABILITY: COMPUTER-AIDED DESIGN SOFTWARE AND
OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED AND
EXPERIENCED INDIVIDUALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR TRAINED,
EXPERIENCED AND PRACTICAL J UDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER
TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH ARCHITECTURAL, PREMISES OR
PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF STRUCTURAL
INTEGRITY, ENGINEERING, SOUNDNESS, SAFETY, AND UTILITY. DUE TO THE LARGE VARIETY OF
POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL
SITUATIONS UNDER WHICH IT MAY BE USED. CHIEF ARCHITECT, INC. SHALL NOT BE LIABLE IN
ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE
SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION,
MANAGEMENT AND CONTROL OF THE SOFTWARE AND THEIR EMPLOYEES OR CONTRACTORS
WHO USE THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE
DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE
SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE
SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT
PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT,
INCLUDING ALL ITEMS DESIGNED OR MEASURED BY USING THE SOFTWARE.
UNDER NO CIRCUMSTANCES WILL CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS,
DISTRIBUTORS, OR THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE
PLANS BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT,
INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, DOCUMENTATION, GRAPHICAL FILES, OR THE SAMPLE DRAWINGS AND SAMPLE
PLANS. CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS
OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS ASSUME NO LIABILITY OR
RESPONSIBILITY FOR, AMONG OTHER THINGS, INADVERTENT DISCREPANCIES, CONSTRUCTION
INTERPRETATIONS OR CONSTRUCTED RESULTS. THESE LIMITATIONS WILL APPLY EVEN IF CHIEF
ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, OR THE LICENSORS OF THE
GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS
ALLOCATION OF RISK. FURTHER, IN NO EVENT SHALL THE LIABILITY OF CHIEF ARCHITECT, INC.,
ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS OF THE GRAPHICAL FILES,
SAMPLE DRAWINGS, AND SAMPLE PLANS UNDER ANY PROVISION OF THIS AGREEMENT EXCEED
THE LICENSE FEE PAID TO CHIEF ARCHITECT, INC. FOR THE SOFTWARE, DOCUMENTATION,
GRAPHICAL FILES, AND THE SAMPLE DRAWINGS AND SAMPLE PLANS. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. TERMINATION: This license shall terminate automatically if you fail to comply with the terms, conditions, and
limitations described in this license. No notice shall be required from Chief Architect, Inc. to effectuate such
termination. Upon termination, you must immediately uninstall and deactivate the Software. You must also return or
destroy all copies of the Software and Documentation.


13. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and Documentation are provided with
RESTRICTED RIGHTS for U.S. Government customers. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1 )(ii) of The Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19 as applicable. The manufacturer is Chief Architect, Inc., 6500 N. Mineral Dr., Coeur
d'Alene, Idaho 83815.
14. GOVERNING LAW: This License Agreement shall be governed by the laws of the State of Idaho without
regard to conflicts of law principles. This License Agreement shall not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
If either you or Chief Architect, Inc. employs attorneys to enforce any right arising out of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs.
15. ENTIRE AGREEMENT: This agreement constitutes the complete and exclusive agreement between you and
Chief Architect, Inc. with respect to the subject matter hereof and supersedes all prior oral or written understandings,
communications or agreements not specifically incorporated herein. This agreement may not be modified except in
a writing duly signed by an authorized representative of Chief Architect, Inc. and you. THE ACCEPTANCE OF
ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR CONSENT
TO THE TERMS SET FORTH HEREIN.