Benchwork Builder Pro version 1.0 Software License and Terms of Use

IMPORTANT – READ BEFORE INSTALLING, ACTIVATING, OR USING THE SOFTWARE.

1. Parties and covered materials

“Licensor” means The Model Railroad Benchwork Store / Model Railway Techniques.com and its owner, successors, and authorized assigns.

“Licensee” means the original individual purchaser identified by the purchase record and license activation.

“Software” means Benchwork Builder Pro version 1.0, the installer, executable files, user interface, code, formulas, methods, data, embedded content, updates, and related files.

“Documentation and Output” means all manuals, photographs, reference materials, cut lists, hardware schedules, part drawings, assembly drawings, PDFs, project files, and other content supplied with or generated by the Software.

2. Ownership and reservation of rights

The Software, Documentation, Output formats, drawing designs, graphics, text, photographs, proprietary calculations, and underlying methods are licensed, not sold. Licensor retains all right, title, and interest, including copyright, trade-secret, trademark, and other intellectual-property rights.

The purchase grants only the limited rights expressly stated in these Terms. All rights not expressly granted are reserved by Licensor.

3. Personal-use license grant

Subject to full compliance with these Terms, Licensor grants Licensee a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to install and use one activated copy of the Software on one device for Licensee’s own personal, noncommercial model railroad projects.

Licensee may create and retain project files and exported drawings for Licensee’s personal projects. This permission does not authorize use for another person, a club, organization, school, employer, customer, or business.

Licensee may keep one reasonable archival backup of the installer and personal project files, provided the backup remains under Licensee’s control and is not shared.

4. Device activation and validation

The license is node-locked to one device. Initial activation requires the purchaser name, valid license key, device fingerprint, and an internet connection.

The Software may store local activation data and may communicate license and device-validation information to Licensor’s licensing service. Periodic revalidation is normally required every 30 days.

A device transfer, reset, or replacement is not automatic and requires manual approval from Licensor. Licensee must contact support before attempting to activate a replacement device.

Licensor may suspend or revoke a license reasonably believed to be shared, duplicated, fraudulently obtained, commercially misused, or used in violation of these Terms.

5. Prohibited copying, sharing, and distribution

Licensee must not copy, reproduce, publish, upload, transmit, email, post, distribute, lend, rent, lease, sell, resell, sublicense, donate, assign, or otherwise provide the Software, license key, Documentation, project files, or generated drawing sets to any other person except for the limited fabricator permission in Section 7.

Prohibited sharing includes public or private file-sharing services, shared cloud folders, forums, social-media groups, clubs, classrooms, company networks, removable media, peer-to-peer systems, and links that permit another person to download or access the materials.

Licensee must not remove, obscure, alter, or bypass copyright notices, purchaser identification, license information, watermarks, title blocks, or proprietary notices.

6. No commercial or organizational use

The Software and all Output are for personal use only. Licensee must not use them directly or indirectly for business, trade, professional, paid, revenue-producing, promotional, club, institutional, educational, organizational, or other nonpersonal purposes.

Without a separate written commercial license, prohibited activities include designing or fabricating benchwork for others; selling plans, kits, components, or completed benchwork; charging for drafting, consulting, fabrication, installation, or design services; using the materials in a business workflow; or using the methods to create a competing product or service.

Commercial use remains prohibited even when no separate fee is charged, when the activity is described as a donation or membership benefit, or when the Software is used to support another product or service.

7. Limited fabricator permission for Licensee’s personal project

Licensee may provide only the exported drawings reasonably necessary to one friend or hired fabricator solely to fabricate Licensee’s own personal benchwork project. The Software, installer, license key, project file, and unrelated drawings may not be provided.

Licensee must inform the fabricator that the drawings are confidential, copyrighted, and limited to that single personal project. The fabricator may not retain, copy, reuse, publish, sell, or distribute the drawings after the work is complete.

Licensee remains responsible for the fabricator’s access and compliance. This limited permission does not give the fabricator any independent license or right to use the design for another customer or project.

8. No reverse engineering or circumvention

To the maximum extent permitted by applicable law, Licensee must not reverse engineer, decompile, disassemble, decode, translate, modify, adapt, extract, discover, reconstruct, or create derivative works from the Software or its proprietary calculations, logic, data, methods, or drawing-generation system.

Licensee must not bypass, disable, defeat, tamper with, emulate, or interfere with activation, device limits, periodic validation, purchaser identification, access controls, or other technical protection measures.

Licensee must not use the Software, Documentation, or Output to train, fine-tune, evaluate, or build an artificial-intelligence system, automated generator, competing calculator, drawing system, or substantially similar product.

9. Updates, changes, and support

Licensor may issue corrections, updates, replacement builds, or revised Documentation at its discretion. Unless expressly stated otherwise, these Terms also govern updates and replacements.

Support is limited to reasonable assistance with installation, activation, and product use. Licensor does not guarantee a response time, continued compatibility with future operating systems, or indefinite availability of any particular version or service.

10. User responsibility and safety

Licensee is responsible for verifying project inputs, dimensions, material sizes, quantities, print scale, fabrication accuracy, assembly, installation, anchoring, loading, and suitability for the intended location.

The Software and drawings are intended for model railroad benchwork. They are not certified architectural, structural-engineering, building-code, life-safety, or human-occupancy documents. Do not sit, stand, climb, sleep, or place human body weight on the benchwork.

Licensee is responsible for obtaining any professional advice, permits, inspections, or approvals required by the circumstances and for following safe tool and construction practices.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE, DOCUMENTATION, AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. LICENSOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND RESULTS.

Licensor does not warrant that the Software will be uninterrupted, error-free, compatible with every system, or suitable for every project, material, load, location, or construction method. Some jurisdictions do not allow certain warranty exclusions, so legally mandatory rights remain unaffected.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF DATA; COST OF SUBSTITUTE WORK; PROPERTY DAMAGE; PERSONAL INJURY; OR CLAIMS ARISING FROM FABRICATION, ASSEMBLY, INSTALLATION, OR USE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING FROM THE SOFTWARE, DOCUMENTATION, OUTPUT, OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE

PRODUCT. This limitation applies regardless of the legal theory and even if a remedy fails of its essential purpose.

13. Termination and remedies

These Terms remain effective until terminated. The license terminates automatically upon breach. Upon termination, Licensee must immediately stop using the Software and destroy all unauthorized copies, while retaining only personal project records that Licensor expressly permits in writing.

Unauthorized copying, sharing, circumvention, reverse engineering, or commercial use may cause irreparable harm for which monetary damages are inadequate. Licensor may seek injunctive relief and any other remedies available by law, in addition to license suspension or revocation.

14. Governing law and general terms

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

If any provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver.

Licensee may not assign or transfer these Terms or the license without Licensor’s prior written consent. Licensor may assign its rights and obligations as part of a transfer of the product or business.

These Terms, together with the purchase record and any written commercial or transfer authorization issued by Licensor, are the entire agreement concerning the Software and supersede prior oral or written statements on that subject.

15. Contact

License, activation, transfer, and permission requests must be sent to: jamesmmrbs@gmail.com. No permission, waiver, commercial right, or transfer is valid unless confirmed in writing by Licensor.

Please also review the following pages and policies carefully

Benchwork Builder Pro, PDF Benchwork Plan Packages, Digital PDF Model Railroad Table Plan Packages, “PRO” Digital Benchwork Plan Packages, Model Railroad Benchwork Cut List & Plan Generator, Helix Builder, EZ-FOLD NTRAK Modules, EZ-FOLD Free-Mo Modules, and The Model Railroad Benchwork Store are Trademarks of The Model Railroad Benchwork Store/Model Railway Techniques.com and may not be reproduced, copied, or redistributed in any way without prior written consent by The Model Railroad Benchwork Store/Model Railway Techniques.com

Last Updated on 2 hours ago ago by James from Model Railway Techniques