Crosswalk® Individual Access via Microsoft Word License
Version 7/25/2022
BEFORE YOU REGISTER TO ACCESS THE CROSSWALK® PLATFORM VIA AN ADD-IN IN MICROSOFT WORD (“ADD-IN”) AT [MICROSOFT URL], PLEASE READ THIS CROSSWALK SINGLE USER ACCESS VIA MICROSOFT WORD LICENSE ("LICENSE").
CROSSWALK IS A PLATFORM AS A SERVICE THAT ENABLES USERS TO ACCESS CERTAIN CONSTRUCTION INDUSTRY STANDARDS AND TAXONOMIES (“CROSSWALK CONTENT”) OWNED BY CERTAIN THIRD PARTIES (“CONTENT OWNERS”) TO ASSIST WITH THE CLASSIFICATION OF CONSTRUCTION INFORMATION THROUGHOUT A CONSTRUCTION PROJECT LIFECYCLE.
THIS LICENSE IS FOR A SINGLE USER (“YOU”) ONLY. BY ACCESSING OR USING CROSSWALK VIA THE ADD-IN, YOU ACKNOWLEDGE THAT YOU READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE WITH ALL TERMS OF THIS LICENSE, DO NOT ACCESS OR USE CROSSWALK AND EXIT THIS PAGE.
1. Grant
The Construction Information Network, LLC ("CIN") grants to you a single user, non-exclusive, non-transferable license to access and use Crosswalk for nonprofit, personal or commercial use, subject to the terms of this License. If you are a library, a commercial enterprise or more than a single user, please contact CIN at https://www.crosswalk.biz for another form of license.
2. Term
This License begins when you install the Add-In and CIN provides to you a digital key for you to use to access Crosswalk (“Key”) and ends, unless earlier terminated under the terms of this License, one year after that date (“Term”).
3. Restrictions
a. Without CIN's prior written approval, you may not:
Use Crosswalk beyond the scope of the Grant above;
Use Crosswalk for purposes other than its intended purpose;
Transfer, give access, assign, sell or license Crosswalk to others;
Reverse engineer, disassemble, decompile or modify Crosswalk;
Interfere with or disrupt Crosswalk, the normal use of Crosswalk by other users or the servers and networks associated with Crosswalk;
Remove CIN's copyright notices from Crosswalk;
Use the trademarks associated with Crosswalk or any other trademark that is likely to be confused with those trademarks;
Translate or adapt Crosswalk;
Export Crosswalk to another country; or
Use Crosswalk in violation of local, state, or national law.
b. Without the prior written approval of the applicable Content Owner, you may not:
Transfer, give access, assign, sell or license that Crosswalk Content to others;
Present the elements (e.g., numbers and titles) of that Crosswalk Content in a way that suggests those elements include or reflect the content of any other classification system;
Remove the copyright notices from the Crosswalk Content;
Use the trademarks associated with that Crosswalk Content or any other trademark that is likely to be confused with those trademarks;
Modify that Crosswalk Content;
Translate or adapt that Crosswalk Content;
Print hard copies of the Crosswalk Content for commercial purposes;
Export that Crosswalk Content to another country; or
Use Crosswalk Content in violation of local, state, or national law.
4. Ownership
Crosswalk. By accessing and using Crosswalk, you do not get copyrights in or ownership rights in Crosswalk or in the Crosswalk trademarks. CIN exclusively retains all ownership of Crosswalk during and after this License expires or is terminated. Crosswalk is protected by United States copyright and trade secret laws and by international treaty provisions. The Crosswalk trademark is protected by United States trademark laws. Except as provided below, CIN exclusively retains all intellectual property rights in Crosswalk during and after this License expires or is terminated.
Crosswalk Content. By accessing and using the Crosswalk Content, you do not get a license to, copyrights in or ownership rights in that Crosswalk Content or in the trademarks, if any, associated with that Crosswalk Content. The following Content Owners retain ownership and all rights in their respective Crosswalk Content and associated trademarks during and after this License expires or is terminated. You may need to contact a Content Owner separately to license their work or to practice any of the copyrights in their works, or to get permission to use their trademarks.
Crosswalk Content/Content Owner
MASTERFORMAT® - [content owned by] The Construction Specifications Institute, Inc.
UNIFORMAT® - [content owned by] The Construction Specifications Institute, Inc.
PPDFORMAT® - [content owned by] The Construction Specifications Institute, Inc.
SECTIONFORMAT/PAGEFORMAT® - [content owned by] The Construction Specifications Institute, Inc.
GREENFORMAT® - [content owned by] The Construction Specifications Institute, Inc.
OMNICLASS® - [content owned by] The Construction Specifications Institute, Inc.
UNICLASS - [content owned by] The Construction Project Information Committee (CPIC)
UNSPSC® - [content owned by] United Nations Development Programme
Industry Foundation Classes - [content owned by] buildingSMARTInternational, Ltd.
ASTM E1557-09(2020)e1 Standard Classification for Building Elements and Related Sitework – UNIFORMAT II - [content owned by] ASTM International
The above entities exclusively retain all intellectual property rights in their respective Crosswalk Content now and after this License is terminated or expires.
· Microsoft. MICROSOFT and MICROSOFT WORD and related trademarks and copyrights are the exclusive property of the Microsoft Corporation.
5. No Warranty
CIN PROVIDES CROSSWALK AND THE ADD-IN "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
CIN MAKES NO WARRANTIES ABOUT MICROSOFT WORD. CIN IS NOT RESPONSIBLE OR LIABLE FOR MICROSOFT WORD.
YOU ACKNOWLEDGE THAT YOU USE CROSSWALK AND THE ADD-IN AT YOUR OWN RISK AND THAT CIN DOES NOT WARRANT THAT: A) CROSSWALK OR THE ADD-IN WILL MEET YOUR REQUIREMENTS OR ENSURE ANY PARTICULAR RESULTS OR SUCCESS; B) CROSSWALK OR THE ADD-IN WILL OPERATE WITHOUT INTERRUPTION OR ERROR; C) CROSSWALK OR THE ADD-IN WILL NOT DAMAGE YOUR COMPUTER; OR D) CIN WILL CORRECT A CROSSWALK OR ADD-IN DEFICIENCY.
CROSSWALK CONTENT IS THE RESPONSIBILITY OF THE CONTENT OWNER. CIN IS NOT RESPONSIBLE OR LIABLE FOR THE CROSSWALK CONTENT.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS CIN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Limitation of Liability
CIN WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF: A) YOUR RELIANCE ON CROSSWALK OR THE ADD-IN; B) YOUR USE OF OR INABILITY TO USE EITHER; OR C) CHANGES THAT WE MAKE TO CROSSWALK EVEN IF CIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS PROVISION SURVIVES LICENSE TERMINATION OR EXPIRATION.
7. Termination
This License is effective until: a) the Term expires; b) you destroy your Key and notify CIN that you intend to stop using Crosswalk; c) you discontinue your use of the Add-In; or d) CIN notifies you, for any reason. On License termination, your license to use Crosswalk and the Crosswalk Content through Crosswalk ends. You may not retain copies of Crosswalk after License termination or expiration.
8. License Modifications
CIN may modify this License at any time for any reason. When it does, CIN will post the new license version to this website. Changes will be effective immediately but not retroactively. You should check the website regularly and, if you do not agree to a modified or new term of the License, you should stop using Crosswalk.
9. General
This License: a) will be interpreted and enforced under Commonwealth of Virginia law without regard to its conflict of law principles and any litigation arising from this License will be held exclusively in Alexandria, Virginia courts; b) may not be assigned by you without CIN's prior written consent; c) is the entire agreement between the parties, and supersedes any and all prior written or oral understandings between the parties with respect to its subject matter; and d) may be severed if any provision of the License is found to be unenforceable with the remaining provisions continuing in full force and effect as if the unenforceable portion did not exist.
If a dispute arises out of or in connection with this License, a party must give the other party written notice of that dispute ("Dispute Notice"). If the parties are unable to resolve the dispute through amicable and confidential negotiation within 60 calendar days (or a longer period as the parties may agree) after the Dispute Notice date, the parties will submit the dispute to final and binding arbitration to be conducted privately and confidentially in or near Alexandria, Virginia by a single arbitrator who is a member of the panel of former judges that makes up the Judicial Arbiter Group (“JAG”), any successor of JAG, or, if JAG or any successor does not then exist, any entity that can provide a former judge to serve as arbitrator. The parties agree that he award rendered by the arbitrator will be conclusive, and judgment on the award may be entered in any court having jurisdiction. This arbitration requirement does not prevent a party from seeking equitable, injunctive or emergency relief from a court of competent jurisdiction to preserve the status quo or to prevent irreparable harm pending final determination of the arbitration.
This General provision survives License termination or expiration.