While Deep Excavation LLC believes in our software products we still have to write down some legal terms.

TERMS OF USE FOR ALL PRODUCTS

ALL PROGRAMS FOR DOWNLOAD ARE Beta VERSIONS:

"TERMS OF USE / LICENSE AGREEMENT"

This legal document is an agreement between you (the end user) and Deep Excavation. BY CONTINUING WITH/OPENING/DOWNLOADING THIS SOFTWARE PROGRAM, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, SOFTWARE DISCLAIMER OF WARRANTY, AND HARDWARE LIMITED WARRANTY "collectively the "Agreement".

This agreement constitutes the complete agreement between you and Deep Excavation. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THIS SOFTWARE PROGRAM. Promptly return or delete the software program (cd and jewel case) and other items that are part of this product to Deep Excavation, for a complete refund if a purchasing fee was charged.

DEEP EXCAVATION ENGINEERING PROGRAM, TRENCH, STEEl-BEAM, STEEL-CONNECT, AND ALL OTHER DOWNLOADS AVAILABLE AT THIS WEBSITE, BETA DOWNLOAD "SOFTWARE LICENSE", APPLICABLE TO ALL VERSIONS

THE LICENCE APPLIES TO PURCHASHED AND FREE OF PURCHASE VERSIONS OF THE DEEP EXCAVATION SOFTWARE.

LICENSE. In consideration of payment of the LICENSE fee, which is a part of the price you paid for this product, Deep Excavation, as Licensor grants to you, the LICENSEE, a nonexclusive right to use and display this copy of Deep Excavation Engineering Program, Trench, Steel-Connect, Steel Beam, Software (hereinafter referred to as "SOFTWARE" on a single COMPUTER (i.e., with a single CPU) at a single location. Any "networking", namely operating this program on a "network" is strictly forbidden. You as a Licensee are strictly forbidden to operate, utilize, transfer, distribute, connect, network, link to, attach, or operate in any manner this software on the internet, worldwide web, via email, any website, networking, any multimedia device, electronic or otherwise or any form of electronic media whatsoever. This includes but is not limited to the written materials, results, output, or resulting answers and/or printed matter without the prior written consent of Deep Excavation. Deep Excavation reserves all rights not expressly granted to LICENSEE.

SOFTWARE OWNERSHIP. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, however, Deep Excavation retains title and ownership of the SOFTWARE recorded on the original disk copy(ies) and any subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy thereof.

COPY AND/OR MODIFY RESTRICTIONS. All Licensed Products are copyrighted and may not be further copied, without the prior written approval of Deep Excavation except that You may make one copy for backup purposes provided You reproduce and include the complete copyright notice, disclaimer, etc., on the backup copy. Any unauthorized copying is in violation of this Agreement and also a violation of the United States Copyright law. You may not use, transfer, modify, copy of otherwise reproduce the License Product, or any part of it, except as expressly permitted in this End User License Agreement.

USE RESTRICTIONS. As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. You may not electronically transfer the SOFTWARE from one computer to another over a network. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not operate, utilize, transfer, distribute, connect, network, link to, attach, or operate in any manner this software on the internet, worldwide web, via email, any website, networking, any multimedia device, electronic or otherwise or any form of electronic media whatsoever. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. In addition, you may not modify, adapt, translate, or create derivative works based on the written materials, results, output, or resulting answers and/or printed matter without the prior written consent of Deep Excavation.

RESTRICTIONS AGAINST TRANSFER. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of DEEP EXCAVATION. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, copy, rent, lease, sell, or dispose of the SOFTWARE in any manner on a temporary or permanent basis except as expressly provided herein.

TERM. This End User License Agreement is effective from the date of purchase by You or granting to you of the Licensed Product and shall remain in force until terminated. You may terminate this End User License Agreement at any time by destroying the Licensed Product together with any backup copy in any form made by You or received by You. In addition, your right to use the Licensed Product will terminate if You fail to comply with any of the terms or conditions of this End User License Agreement. Upon such termination You shall destroy the copies of the Licensed Product in your possession.

DISCLAIMER OF WARRANTY AND LIMITED WARRANTY

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING RESTRICTIONS FOR USE) IF ANY, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE D.E.E.P BETA IS A TESTING AND EVALUATION VERSION ONLY. FURTHER, DEEP EXCAVATION DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THIS USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU
.
Deep Excavation warrants to the original LICENSEE (a) the disk(s) on which the SOFTWARE is recorded to be free from defects in materials and workmanship under normal use and service for a period of sixty (60) days from the date of delivery as evidenced by a copy of the receipt. In addition, Deep Excavation hereby limits the duration of any implied warranty(ies) on the disk or such hardware to the respective period stated above.

Deep Excavation's entire liability and your exclusive remedy as to the disk(s) or hardware shall be, at Deep Excavation's option, either (1) return of the purchase price or (2) replacement of the disk or hardware that does not meet Deep Excavation's Limited Warranty and which is returned to Deep Excavation with a copy of the receipt. If failure of the disk or hardware has resulted from accident, abuse or misapplication, Deep Excavation shall have no responsibility to replace the disk or hardware or refund the purchase price. Any replacement disk or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

WHILE DEEP EXCAVATION LLC MAKES EVERY EFFORT TO HAVE ALL SOFTWARE ERROR FREE, DEEP EXCAVATION LLC MAKES NO EXPRESSED GUARANTEE TO THE ACCURACY OF PERFORMED CALCULATIONS.

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT ARE MADE BY DEEP EXCAVATION ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP EXCAVATION, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NEITHER DEEP EXCAVATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS
PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF DEEP EXCAVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES A LICENCED PROFESSIONAL ENGINEER SHALL APPROVE AND STAMP ANY RESULTS BY D.E.E.P. AND THAT ENGINEER IS ULTIMATELY RESPONSIBLE FOR ANY CONSEQUENCES OR MISUSE OF THE SOFTWARE.

This Disclaimer of Warranty and Limited Warranty is governed by the laws of the State of New York. Should you have any questions regarding this agreement please email:

Deep Excavation,
deepexcavation@deepexcavation.com