End User License Agreement
By purchasing and using any StructurePlus Software you understand and agree to the following
terms and
conditions. If you do not agree to all the terms and conditions of this Agreement or if you do
not have the
authority to agree to all the terms and conditions of this Agreement on behalf of the licensee
then you must
not use the software.
1. Results from any engineering software should always be double-checked when applied in
real-life
applications. As a StructurePlus user it is your responsibility to verify and validate the
output of the
software with some other independent means.
2. StructurePlus accounts are not to be shared without our consent or redistributed as the work
of another
party. The software and calculators are all the intellectual property of StructurePlus.
Any
violations of this will be considered an infringement of Copyright laws.
3. StructurePlus accounts are designed for a SINGLE USER only. You will experience lockouts or
suspensions
if the account is used simultaneously in two or more locations or on more than a pre-determined
number of
devices per month. This is to protect unlawful use of StructurePlus products and software.
4. All sales are final and there are no refunds unless under exceptional circumstances (e.g. you
never
received the account or you find a genuine fault with it). Please read the detailed features
list of each
product so you know exactly what you are purchasing before you agree to pay. We do not offer
refunds or
trials to prevent people using the software for their benefit (possibly to complete assignments
and
homework) and then asking for a refund once they have no use for it anymore.
5. StructurePlus offers a 30-day grace period for refunds of annual recurring payments. Likewise
a 4-day
grace period is available for refunds of monthly recurring payments. The grace period begins at
the time of
the recurring charge. This is to protect users who have forgotten about their subscription and
are charged
the subscription fee when they no longer use the service. For this refund to be granted, the
user must not
have used the product during the grace period and must contact StructurePlus Support before the
grace period
ends.
6. StructurePlus has the right to make any changes to the accessibility limits on Free Accounts
and free
software at any time, without notice.
7. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Account and
will cover the
use of that service for a monthly or annual subscription period as indicated. Unless you notify
StructurePlus before the end of the applicable subscription period that you want to cancel the
subscription,
your subscription will automatically renew and you authorize us to collect the then-applicable
annual or
monthly subscription fee using any credit card or other payment mechanism we have on record for
you. If you
wish to stop your subscription then simply deactivate the auto-billing which is done within the
Account
Settings of the software. There is no lock-in contract and you are free to cancel your
subscription at any
time. There are no cancellation fees. However, as point #4 states, there are no refunds. Once
the grace
period has ended (see point #5) and you have paid for the current period then the payment is
final and your
account will remain for the duration of your paid term.
8. As a registered user, you agree to have your information collected. This information can be used or distributed by StructurePlus as long as it is
within the
legal bounds.
9. As a user of StructurePlus software, particularly professional engineers, you agree to use
sufficient
duty of care when using StructurePlus's products. This includes not designing or constructing
anything
outside of your abilities and knowledge as an engineer. As with all engineering software, one
should always
question the results and perform sufficient checks that the results are logical and correct.
StructurePlus
and its individual creators take no responsibility for any damages, liabilities or consequences
resulting
from any use of our software.
10. A party shall not be liable for any failure of or delay in the performance of this Agreement
for the
period that such failure or delay is due to causes beyond its reasonable control, including but
not limited
to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force
majeure
event.
11. The forces, materials and results are all based on theoretical input and solutions. With any
structure
or design, a wide variety of other factors can directly impact the actual results and behaviour
of said
structures. Some examples include other loads (e.g. wind), actual material properties,
self-weight, age of
structure etc. As a user you understand that such variables can strongly alter the results of
StructurePlus
products from reality and should be considered in your design and calculations.
12. There are literally millions of possible combinations of supports, fixities, loads, members,
materials
and sections. This makes it impossible to test and ensure accuracy in every single possible
scenario. As
with any software there may be bugs or errors that cause it to function incorrectly. As a user
you
understand that although StructurePlus Software has been tested with 100% accuracy, the risk of
deviated
solutions due to software failure is still possible.
13. StructurePlus results are not to be used for design purposes unless signed off by a
professional and
competent structural engineer.
14. You, at your sole expense, will defend, indemnify and hold StructurePlus harmless from and
with respect
to any loss or damage (including reasonable attorneys’ fees and costs) incurred in connection
with, any suit
or proceeding brought by a third party against StructurePlus insofar as such suit or proceeding
shall be
based upon (i) any claim arising out of or relating to your use of the Product except where such
claim
alleges that the Software infringes or constitutes wrongful use of any copyright, trade secret,
patent or
trade mark of any third party; or (ii) any claim arising out of or relating to any act or
omission by you.
You will pay any damages and costs assessed against StructurePlus (or paid or payable by
StructurePlus
pursuant to a settlement agreement) in connection with such a suit or proceeding.
15. StructurePlus reserves the right to use your structures and files as marketing material in
the form of
screenshots and visual mediums only. To opt out of this, please contact us. StructurePlus will
never release
your designs or files to a third party or any other subscriber without your permission.
16. You agree to accept communication in the form of personal and marketing emails. You can opt
out of these
at anytime by clicking 'Unsubscribe' at the bottom of the email or by contacting us.
17. StructurePlus may change the product automatically over time without notice and shall not be
under any
obligation to provide you with any notification of such change.
18. StructurePlus offers a 30 Day Guarantee on some products. If advertised the user can request
a refund if
they have found the product was not delivered as advertised or if there were any severe issues
with the
software which is at the discretion of the StructurePlus support staff.
19. You may not rent, lease, sub-license, lend or transfer the Product to another person or
legal entity
without the prior written consent of StructurePlus.
20. We may make changes to this End User License Agreement from time to time. To ensure that you
are always
aware of how we use your personal data we will update this End User License Agreement from time
to time to
reflect any changes to our use of your personal data. We may also make changes as required to
comply with
changes in applicable law or regulatory requirements. Where it is practicable, we will notify
you by email
of any significant changes. However, we encourage you to review this End User License Agreement
periodically
to be informed of how we use your personal data.