Terms and Conditions
This website which directed You here offers “Reports” that You can use to generate reports from
your Sage 100 Contractor® Software.
YOU may purchase a license to use a Report through the website. YOUR purchase gives YOU a
copy of The Report, and the right (“license”) to use The Report under the following terms. These
terms form the purchase contract between YOU and Us, and shall be referred to as “This Agree-
1. DEFINITIONS. The following definitions apply to This Agreement.
1.1. “Sage 100 Contractor® Software” means YOUR “Sage 100 Contractor®” software, and
associated files and data.
1.2. “Report” means a Report available for licensing through this website. A Report is a com-
puter file, with included data and formulas. The file connects with Sage 100 Contractor®
Software to manipulate and organize data to generate a compilation, summary or other report
through the Sage 100 Contractor® Software Report Writer function.
1.3. “The Report” means that Report YOU have selected for purchase.
1.4. “YOU” and “YOUR” means You, as purchaser of a license to use The Report. YOU and
YOUR also refer to YOUR employees. WE, US, and OUR means realPamSchulzTM, a division
of ConstructionData, LLCTM, as seller of the license to use The Report.
2. PURCHASE OF REPORT LICENSE. YOUR purchase of The Report entitles YOU, under
This Agreement, to delivery to YOU of a copy of The Report and a perpetual nonexclusive license
to use The Report as authorized in Section 3. below.
3. AUTHORIZED USE. YOU may use The Report as follows.
3.1. USE AUTHORIZED. The Report, and all copies, shall only be used by YOU or YOUR
employees only within YOUR business.
3.2. COPIES. YOU may make necessary backup and working copies of The Report.
3.3. EMPLOYEE’S USE. An employee of YOURs may use The Report:
3.3-01. only for performance of employment duties to YOU; and
3.3-02. only while that employee remains employed by YOU.
If an employee terminates employment with YOU: the employee will cease further use of The
Report; and all copies of The Report will be deleted from any Computer Device owned, op-
erated or accessible by the Employee.
4. UNAUTHORIZED USE OF THE REPORT. Any use of The Report not authorized in Section
3. above is an “Unauthorized Use”. YOU shall not, directly or indirectly cause, permit, experience,
Report Purchase Agreement – Page 2 Revised 11/9/2017
or endure, any Unauthorized Use. An Unauthorized Use shall include, but shall not be limited to,
any direct or indirect:
4.1. sublicensing, assignment, sale, distribution, exchange, lease or loan of The Report;
4.2. gift, sharing, or any other voluntary or involuntary transfer of The Report;
4.3. Publishing of The Report, in print, on the internet or otherwise; and/or
4.4. Disclosure of The Report, or allowing access to The Report.
References to “The Report” above shall also refer to: any formula or other part of The Report;
and/or any digital or paper copy of; The Report, or any part of The Report.
5. RESERVATION OF RIGHTS. The Report is licensed to YOU on a non-exclusive limited basis,
not sold. This agreement gives YOU certain rights to use The Report. WE reserve all other rights
in The Report, including, without limitation, the right to license The Report to others.
6. COMPUTER FACILITIES. YOU must provide all “Computer Facilities” adequate and neces-
sary to use The Report. The phrase “Computer Facilities” means computer hardware devices, plat-
forms, network systems, Sage 100 Contractor® Software and other software, authorizing licenses,
and associated files and data.
7. FUTURE OBLIGATIONS. WE may, but WE are not obligated to, keep or maintain exact, sim-
ilar or any other copies of The Report. WE may change or cancel OUR version of The Report at
any time. WE have no obligation to update, modify or retrofit The Report: to conform or adapt to
changes or updates of software and other Computer Facilities; or for any reason.
8. MALICIOUS SOFTWARE.
8.1. WE shall have no liability for any injury, loss, loss of use, harm, or damage caused by
any Malicious Software, including, without limitation any:
8.1-01. failure, or malfunction of Computer Facilities; and/or
8.1-02. any loss of, or damage to, data, files or software.
8.2. “Malicious Software” shall mean any malware, ransomware, scareware, worms, viruses,
trojans, spyware, adware and rootkits, and any other harmful, hostile or intrusive software.
Prior to using The Report or saving The Report, YOU are advised to check and scan the transmit-
ting email and attachments, with adequate anti-virus and other remedial protective software, for
the presence of Malicious Software.
9. LIMITED WARRANY. WE warrant, for a period of ten days after purchase, that The Report will
Report Purchase Agreement – Page 3 Revised 11/9/2017
perform in accordance with The Report’s specifications.
9.1. Warranty Claim. If YOU believe that The Report is not performing, then YOU shall Notify
Us within the ten day period.
9.2. Repair, Replace or Refund. After notification, at OUR option, WE may repair or replace The
Report or refund the purchase price paid for The Report.
9.3. Repair or Replacement Procedure. WE may arrange with YOU to have remote access to
YOUR computer from OUR computer. Remote Access will be used so WE can view how The
Report performs on YOUR Computer. YOU will cooperate with US to provide access through
remote software such as GoToMyPC® or GoToMeeting®. Based on OUR view WE may
repair or replace The Report.
9.3-01. New Limited Warranty. If WE repair or replace The Report, WE warrant, for a
period of ten days after repair or replacement, that The Report will perform in accordance
with The Report’s specifications.
9.3-02. New Limited Warranty Claim. If necessary, a New Limited Warranty shall be
handled as provided in Section 9.1. through Section 9.4.
9.4. Refund. Alternatively, WE may refund the purchase price YOU paid for The Report. On
receipt of the refund, YOU shall destroy The Report, all formulas and other parts of The Report,
and all copies of The Report and parts of The Report.
10. NO OTHER WARRANTIES. Except as provided for in Section 9. above, WE do not warrant
The Report covered by This Agreement in any manner whatsoever and no warranty, express, im-
plied or statutory is made by Us. The parties hereto, further agree that The Report license sold to
You is sold “as is” and “with all faults”.
Without limiting the scope of the foregoing, EXCEPT AS PROVIDED FOR IN SECTION 9.
above, WE MAKE NO EXPRESS WARRANTIES, AND DISCLAIM ALL IMPLIED WAR-
RANTIES REGARDING THE REPORT, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, OR WARRANTIES REGARDING FITNESS FOR
ANY PARTICULAR USE OR PURPOSE.
11. LIMITATION OF DAMAGES.
11.1. Regarding damages for any breach of duty of This Agreement or Related Tort, no party
shall be responsible for any:
11.1-01. indirect, incidental, special, consequential, punitive EXEMPLARY damages;
11.1-02. damages due to lost profits, lost opportunity, death, personal injury or property
Report Purchase Agreement – Page 4 Revised 11/9/2017
Related Tort shall mean strict liability, products liability, negligence, or other tort which arises
independent of any duty under This Agreement, but is related to the transaction contemplated
under This Agreement.
11.2. Except for violations of obligations mentioned in Section 4. above (“UNAUTHOR-
IZED USE OF THE REPORT”), no party shall be responsible for any damages in excess of
the amount of the purchase price paid for The Report.
12. OTHER APPLICABLE LAW. The provisions of Sections 9. , 10. , and 11. will only be ef-
fective to the extent allowed by applicable law. Some states may not allow limitations on warran-
ties and damages or remedies provided for in Sections 9. , 10. , and 11. above, so those limitations
may not apply to you.
13. TRANSACTION, NATURE. The transaction covered by This Agreement:
13.1. shall be deemed as made and performable in the state of Colorado; and
13.2. is made only for business or commercial purposes and not for consumer, personal, fam-
ily or household purposes.
14.1. Agreement Entire. Regarding The Report and rights and obligations under This Agree-
ment: These terms are the entire agreement between the parties hereto; and Neither party is
relying on any other contract, warranty, or condition, whether written or oral, from the other.
14.2. Modifications; Waivers. No modification or waiver of any of the terms of this Agreement
shall be effective or enforceable, unless agreed to in a writing signed by both YOU and Us.
14.3. GOVERNING LAW. This Agreement shall be governed by and interpreted in accord-
ance with, the laws of the State of Colorado except its rules in regard to choice of laws.
14.4. Assignment. YOU shall not assign or sublicense any of YOUR rights, nor delegate any
of YOUR duties under this Agreement without first obtaining OUR written consent.
14.5. Binding on Successors. This Lease shall inure to the benefit of, and be binding upon, the
successors, heirs, administrators, executors and assigns of each of the parties hereto.
14.6. Interpretation. Common law or statutory rules or laws of contract interpretation provid-
ing that contract terms shall be construed against the drafter of the contract, shall have no
application to This Agreement.
14.7. Severable Terms. The terms of This Agreement are severable, and the unenforceability
or invalidity of any such term shall not affect the other terms of this contract.