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	I agree to the EULA (End User License Agreement) below: END USER LICENSE AGREEMENT This End User License Agreement (this "Agreement") is between you, on behalf of yourself and, if you use the Software in the course and scope of your employment, on behalf of your employer (collectively, "Licensee") and Green Building Initiative, Inc., an Oregon public benefit nonprofit corporation ("GBI"), for the non-exclusive license to make use of the Green Globes™ software products (the "Software") available by and through the GBI web site (http://www.thegbi.org) (the "Site"). BY INDICATING ACCEPTANCE BELOW (I.E., CLICKING "I ACCEPT") OR BY USING ANY COMPONENT OF THE SOFTWARE, LICENSEE AGREES TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE MAY NOT USE THE SOFTWARE AND MUST IMMEDIATELY CLOSE THIS OPERATION OF THE SOFTWARE. GBI and Licensee mutually agree as follows: 1. Software License. Subject to Licensee's compliance with all the terms and conditions of this Agreement and Licensee's payment of the license fee or fees, if applicable, GBI hereby grants to Licensee a limited, non-exclusive, non-transferable license to make use of the Software by and through the Site (the "Software License"). 2. Ownership. GBI or its third party suppliers or licensors, if any, retain ownership of all patents, copyrights, trademarks, trade secrets, and other proprietary rights relating to or residing in the Software. Except for the Software License, Licensee acquires no rights, express or implied, in the Software other than the limited right to use the Software, as expressly provided in this Agreement. 3. Restrictions. All rights not expressly granted in this Agreement are reserved by GBI or its third party suppliers or licensors, if any. Licensee may not modify or create derivative works of the Software. Licensee may not distribute, sell, assign, sublicense, lease, loan, rent, timeshare, or otherwise transfer the Software License to any other person or entity. Licensee may not copy or create derivative versions of the Software. Licensee may not remove or alter any trademark, logo, product identification, copyright notice, or other notice on the Software. Licensee may not derive or attempt to derive the source code by any means such as reverse engineering, decompilation, or disassembly. Licensee may not permit or cause anyone else to do anything prohibited by this Section 3 or this Agreement. 4. Indemnification by Licensee. Licensee will indemnify GBI, its subsidiaries, affiliates, directors, officers, consultants, agents, and employees and hold it harmless from and against any and all claims, liabilities, damages, penalties, settlements, and costs and expenses (including, without limitation, reasonable attorneys' fees), asserted by any and all third parties (collectively "Claims") alleging or resulting from Licensee's breach of any term or condition of this Agreement; or (b) use of the Software not in compliance with this Agreement or the Software instructions or documentation. 5. Termination of Agreement. Licensee may terminate this Agreement at any time by notifying GBI. This Agreement will terminate immediately and automatically, if Licensee (a) breaches any of the terms of this Agreement, (b) fails to pay any license fee or fees required for use of the Software or due for continuation of the Software License, or (c) breaches the Privacy Policy (http://www.thegbi.org/privacy.asp) (the "Privacy Policy"), the Terms of Use - Web Site User Agreement (http://www.thegbi.org /terms-of-use.asp) governing the Site, or, if Licensee has ordered assessment services, the Assessment Services Agreement (available on the Site). Upon termination of this Agreement for any reason, Licensee will immediately cease all use of the Software and destroy any copies of the Software in Licensee's possession. 6. Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE. GBI AND ITS THIRD PARTY SUPPLIERS, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GBI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE OR THE SITE IS DONE AT LICENSEE'S OWN DISCRETION AND RISK AND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT BE ENFORCEABLE AGAINST LICENSEE. THIS SOFTWARE IS AN ASSESSMENT TOOL AND DOES NOT PURPORT TO INSTRUCT USERS ON THE APPROPRIATE DESIGN, STANDARDS, MATERIALS, APPLICABLE LAWS, CODES OR REGULATIONS FOR THEIR BUILDING PROJECT(S), BUILDING ENVELOPE, BUILDING SYSTEMS, AND ASSOCIATED EQUIPMENT. THE USE OF THE SOFTWARE DOES NOT ESTABLISH, EXPRESSLY OR IMPLICITLY, THE APPROPRIATE STANDARD OF CARE OF LICENSED DESIGN OR OTHER PROFESSIONALS NOR THE APPROPRIATE DUTIES AND RESPONSIBILITIES OF PROJECT OWNERS, DESIGN, CONSTRUCTION, OR OPERATIONS PERSONNEL. GBI DOES NOT GUARANTEE OR WARRANT ACTUAL RESOURCE CONSUMPTION OR THE ACTUAL PERFORMANCE OF ANY BUILDING PROJECT, BUILDING ENVELOPE, BUILDING SYSTEM, MATERIALS OR EQUIPMENT AS A RESULT OF (1) THE USE OF THIS SOFTWARE, OR (2) A PARTICULAR LEVEL OF ASSESSMENT OBTAINED THROUGH THE USE OF THIS SOFTWARE, WHETHER THROUGH SELF-ASSESSMENT OR THROUGH THE USE OF A THIRD-PARTY ASSESSOR. THE SOFTWARE HAS BEEN DEVELOPED AND STRUCTURED TO PROVIDE A GENERAL ASSESSMENT TOOL FOR VARIOUS ATTRIBUTES OF BUILDING PROJECTS OR PORTIONS THEREOF, AS OUTLINED IN THE SOFTWARE. THE SOFTWARE IS NOT A DESIGN TOOL OR A QUALITY OR PERFORMANCE ASSURANCE SYSTEM. BUILDING PROJECT SYSTEMS, BUILDING ENVELOPES, EQUIPMENT, MATERIALS, TECHNOLOGY, CONSTRUCTION PROCESSES, DESIGN METHODOLOGIES AND BEST PRACTICES ARE CONSTANTLY EVOLVING AND NO BUILDING PERFORMANCE ASSESSMENT SYSTEM OR TOOL, INCLUDING THIS SOFTWARE, CAN ACCOUNT FOR THESE CHANGES OR THE SITE-SPECIFIC VARIANCES AND LIMITATIONS ASSOCIATED WITH INDIVIDUAL BUILDING PROJECTS. THE USE OF THIS SOFTWARE DOES NOT SERVE AS A SUBSTITUTE FOR THE WORK AND ADVICE OF KNOWLEDGEABLE, LICENSED DESIGN AND OTHER PROFESSIONALS SKILLED CONSTRUCTION PERSONNEL AND BUILDING OPERATORS, AND DEDICATED BUILDING PROJECT OWNERS GBI MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SOFTWARE. GBI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7. Limitation of Liability. GBI AND ITS THIRD PARTY SUPPLIERS, IF ANY, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR LOSS OF PRODUCTIVITY, BUILDING INEFFICIENCIES, SUBSTANDARD OR UNANTICIPATED BUILDING AND/OR SYSTEM PERFORMANCE) UNDER ANY THEORY OF LIABILITY, EVEN IF GBI OR ITS THIRD PARTY SUPPLIERS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. LICENSEE ACKNOWLEDGES THAT THIS LIMITATION IS REASONABLE AND THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THIS AGREEMENT WITHOUT WHICH GBI WOULD BE UNWILLING TO LICENSE THE USE OF THE SOFTWARE TO LICENSEE. THE LIABILITY OF GBI AND ITS THIRD PARTY SUPPLIERS, IF ANY, UNDER THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT LICENSEE HAS PAID TO GBI UNDER THIS AGREEMENT FOR THE SOFTWARE LICENSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT BE ENFORCEABLE AGAINST LICENSEE. 8. Restricted Rights Legend for Government End Users. If Licensee is an agency or instrumentality of the U.S. Government, the Software is "commercial computer software" and "commercial computer software documentation" and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, the use, reproduction, and disclosure of the Software is governed by the terms of this Agreement. 9. Survival. The following provisions will survive termination of this Agreement and the Software License for any reason: Section 2 (Ownership); Section 3 (Restrictions); Section 4 (Indemnification by Licensee); Section 5 (Termination of Agreement); Section 6 (Warranty Disclaimer); Section 7 (Limitation of Liability); Section 9 (Survival); and Section 10 (General). 10. General. 10.1 Assignment. Licensee may not assign this Agreement without the prior written consent of GBI. At GBI's sole discretion, GBI may assign this Agreement and all documents that it incorporates to a third party in the event of a merger, acquisition or corporate reorganization of GBI or a transfer of substantially all of GBI's assets. Subject to the terms of the Privacy Policy, Licensee agrees that all information provided by Licensee to GBI, including personal information, may be transferred to GBI's successor or assign. 10.2 Waiver. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 10.3 Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity will not affect the validity of the remaining portions of this Agreement. 10.4 Governing Law. This Agreement, your rights and obligations and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon (without regard to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Multnomah County, Oregon, independent of your actual state or country of residence. Any dispute, controversy or claim arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Portland, Multnomah County, Oregon and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts. 10.5 Amendment. LICENSEE AGREES THAT GBI MAY CHANGE AND AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME UPON NOTICE TO LICENSEE, WHICH NOTICE MAY BE ELECTRONIC OR OTHERWISE, AND THAT LICENSEE'S CONTINUED USE OF THE SOFTWARE AFTER RECEIPT OF THE NOTICE CONSTITUTES ACCEPTANCE OF ANY NEW OR ADDITIONAL TERMS OR CONDITIONS. BY CLICKING "I ACCEPT" BELOW OR BY USING THE SOFTWARE IN ANY WAY, LICENSEE ACKNOWLEDGES AND AGREES TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH ABOVE IN THIS AGREEMENT.

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