FASER-ToT™ Software License Agreement

1. License Grant

Subject to payment and continued compliance with this Agreement, Licensor grants Licensee a limited, nonexclusive, nontransferable, nonsublicensable license to install and use FASER-ToT™ for Licensee’s internal fire alarm estimating and takeoff work. Each purchased seat permits activation on one authorized computer at a time. Rights not expressly granted are reserved by Licensor.

2. License Terms and Seats

A monthly or annual subscription remains authorized only while the applicable subscription is current. A lifetime license is a non-expiring right to use the purchased version and maintenance releases made available for that version, subject to this Agreement; it does not automatically include separately priced future products or major versions. Licensee may not exceed the purchased seat count, share a license key outside its organization, or use one seat concurrently on multiple computers.

3. Ownership and Intellectual Property

FASER-ToT™ is licensed, not sold. Licensor retains all right, title, and interest in the software and its intellectual property. No purchase grants Licensee ownership of the software, source code, algorithms, interface, documentation, trademarks, service marks, trade dress, or other proprietary material. Licensee receives no right to use FASER™, FASER-ToT™, Fire Alarm Design Services, or associated logos in a business name, product, service, domain, marketing, or endorsement without prior written permission.

4. Prohibited Conduct

Except to the limited extent a restriction is prohibited by applicable law, Licensee may not:

• copy the software;
• distribute, publish, sell, rent, lease, lend, sublicense, transfer, host, or provide the software or a license key to another person or organization;
• reverse engineer, decompile, disassemble, decode, translate, inspect, or attempt to discover source code, nonpublic methods, algorithms, or file structures;
• modify the software, create derivative works, or combine it into another product for distribution;
• circumvent, disable, tamper with, or interfere with activation, validation, seat limits, security controls, or technical restrictions;
• remove, obscure, alter, or misrepresent copyright, trademark, ownership, or attribution notices;
• use the software or its output to develop, train, benchmark, or assist a competing takeoff or fire alarm engineering product without Licensor’s written permission; or
• use the software unlawfully or in a way that infringes another party’s rights.

5. Activation and Validation

The software may communicate with Licensor’s licensing service to activate a seat and periodically confirm that the license remains valid. Activation records may include a license identifier, a one-way representation of a computer identifier, license status, seat allowance, software version, and validation timestamps.

6. Licensee Data and Project Files

Licensee remains responsible for its drawings, specifications, takeoff projects, customer information, and backups. Unless a separate feature and notice expressly state otherwise, project drawings and project files are processed and stored on Licensee’s computer and are not transferred to Licensor merely for license validation.

7. Estimating Tool; Professional Review Required

FASER-ToT™ is an estimating and takeoff assistance tool. It does not replace professional judgment, code analysis, manufacturer requirements, contract documents, field verification, or review by the responsible licensed professional or authority having jurisdiction. Licensee is responsible for reviewing all quantities, assumptions, placements, calculations, reports, and project requirements before relying on or distributing them.

8. Updates, Support, and Availability

Licensor may provide corrections, maintenance releases, or feature updates at its discretion. Support scope and response times are not guaranteed unless stated in a separate written support agreement. Internet access may be required for activation, periodic validation, subscription management, updates, or certain connected features.

9. Fees, Renewals, and Cancellation

Fees, billing intervals, seat quantities, renewals, and cancellation options are presented during purchase and in the Stripe-hosted customer portal. Subscription cancellation stops renewal at the end of the paid billing period unless otherwise stated at checkout. Except where required by law or a separately posted refund policy, fees already paid are nonrefundable.

10. Suspension and Termination

This license ends automatically if Licensee materially breaches this Agreement. Licensor may suspend or revoke access for unpaid charges, cancelled or expired subscriptions, refunded purchases, payment disputes, unauthorized distribution, circumvention of licensing controls, or other material breach. Upon termination, Licensee must stop using and uninstall the software and destroy unauthorized copies. Sections concerning ownership, restrictions, disclaimers, liability, and enforcement survive termination.

11. Limited Warranty and Disclaimer

To the maximum extent permitted by law, the software and related services are provided “as is” and “as available.” Licensor disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Licensor does not warrant that the software will be uninterrupted or error-free or that any output will satisfy project, code, contractual, regulatory, or authority requirements.

12. Limitation of Liability

To the maximum extent permitted by law, Licensor will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, lost business, lost data, project delay, estimating error, or third-party claims arising from the software. Licensor’s aggregate liability arising from the software or this Agreement will not exceed the amount Licensee paid for the affected license during the twelve months preceding the event giving rise to the claim. These limitations do not apply where applicable law does not permit them.

13. Governing Law and Venue

This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules. Subject to applicable law, disputes must be brought in a state or federal court with jurisdiction in or serving Montgomery County, Texas, and each party consents to that venue and jurisdiction.

14. Changes to This Agreement

The agreement version accepted at purchase governs that purchase unless the parties agree otherwise. Materially revised terms will be presented for affirmative acceptance before they govern continued use when such acceptance is required. A new version will display a new effective date and version identifier.

15. General Terms

This Agreement and the purchase terms presented at checkout are the complete agreement concerning the licensed software unless a separate written agreement signed by Licensor applies. If any provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. Licensee may not assign this Agreement without Licensor’s prior written consent.

16. Contact

Questions about this Agreement, licensing, seat transfers, or permissions may be sent to contact@firealarmdesignservices.com.