Licensor: FAIRmark LLC,
1425 Baypointe Drive, Newport Beach, CA 92660 ("we", "us").
Contact: support@getfairmark.net
This agreement is a contract between you — an individual or a single company ("you") — and us, covering the FAIRmark software, its files, documentation and updates (the "Software"). By installing, activating or using the Software you agree to it. If you do not agree, do not install it.
1. What the Software does
FAIRmark is a Windows desktop application that helps quality and manufacturing engineers prepare First Article Inspection documentation to the AS9102 standard. It imports engineering drawings, lets you balloon inspection characteristics, and generates AS9102 Forms 1, 2 and 3 for export to Excel, PDF, PNG, CSV and AS9102 XML. It includes an OCR assist feature for reading values from drawings.
The Software runs entirely on your computer. It does not transmit your drawings, inspection data or project content over any network.
2. Your licence
Subject to payment and to this agreement, we grant you a perpetual, non-exclusive, non-transferable licence to install and use one copy of the Software on one computer (the "Licensed Computer"), for your internal business purposes.
"One computer" means one physical or virtual machine, identified by a machine identifier the Software derives from that computer's Windows installation. Each licence runs on one Licensed Computer at a time.
The licence is for use by one person at a time on the Licensed Computer. You may not make the Software available for simultaneous use by multiple people through Remote Desktop Services, Terminal Services, Citrix, or similar multi-user remote-access or virtualization technology, without a separate licence for each concurrent user.
2.1 Editions
- Basic — ballooning, AS9102 Forms 1–3, automatic grid detection, and export to Excel, PDF, PNG and CSV.
- Pro — everything in Basic, plus OCR reading of drawing callouts, zone-label reading, and AS9102 XML export.
If you bought Basic, Pro-only features are not licensed to you until you upgrade. Upgrading costs the difference in price and changes your licence edition; it is not a new licence or a refund of the original.
2.2 Evaluation
The Software may be offered for a time-limited evaluation. During evaluation it is fully functional but applies a visible evaluation watermark to the workspace and to every export, and may stop permitting new work when the period ends. Documents produced during evaluation are marked "not for submission" and must not be used as actual First Article Inspection records.
3. Activation
To activate, you give us the machine identifier shown by the Software on the Licensed Computer and we issue a licence file bound to that computer. You agree that the Software may read this identifier for licence validation. The Software does not transmit it; you send it to us yourself when ordering or requesting a transfer.
4. What you may not do
- Install or use the Software on more computers than you have licences for.
- Share, publish, sublicense, rent, lease or lend the Software or a licence file, or provide it to third parties as a service.
- Circumvent, disable or tamper with licence validation, machine binding, the evaluation watermark, or any other technical protection.
- Modify, reverse engineer, decompile or disassemble the Software, except where applicable law expressly prohibits that restriction.
- Remove or alter proprietary notices.
- Use the Software in breach of any law or export control (see section 8).
5. Moving your licence
A licence is bound to one computer, but you may move it to a different computer — for example when replacing hardware — free of charge and as often as you need. Request a new licence file for the new computer's machine identifier and stop using the old one. A licence may be active on only one computer at a time.
You may permanently transfer a licence to another party only with our prior written consent, provided they accept this agreement and you keep no copies.
6. Ownership
The Software is licensed, not sold. We and our licensors keep all rights in it. This agreement grants you nothing beyond the licence stated.
Your inspection data, drawings, projects and the documents you produce are yours. We claim no ownership of them and, because the Software is offline, we never receive them.
7. Updates, maintenance and support
Your licence is perpetual — the version you purchase keeps working indefinitely with no subscription required. We release updates and improvements from time to time; when we do, existing licence holders will be notified. There is no guaranteed update schedule and no commitment to any specific release timeline or feature. We do not warrant that any particular update or new feature will be delivered.
Support is provided at support@getfairmark.net on a commercially reasonable-efforts basis.
8. Export compliance
The Software may be subject to export control laws, including those of the United States and other jurisdictions. You are responsible for complying with them. The Software runs offline and transmits nothing, but you are solely responsible for ensuring your use of it with controlled technical data meets every export control and handling obligation that applies to that data. You confirm you are not located in, and will not use or export the Software in violation of, any embargo or restricted-party designation.
9. No warranty
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
FAIRmark is a documentation and productivity tool. It does not perform, verify, certify or approve any inspection, measurement or engineering judgment. We do not warrant that its output — ballooning, automatic grid detection, OCR-read values, computed limits or generated AS9102 forms — will be accurate, complete or error-free.
You are solely responsible for verifying the accuracy and completeness of every First Article Inspection record produced with the Software before it is relied upon or submitted. OCR and automatic detection produce provisional results that a qualified person must review and confirm. Responsibility for the correctness of any FAI, and for compliance with AS9102 and any customer or regulatory requirement, remains entirely with you and your quality personnel.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PRODUCTION OR BUSINESS, OR FOR THE COST OF SCRAP, REWORK, RECALL, REJECTED PARTS OR CLAIMS BY YOUR CUSTOMERS, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY, AND REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE LICENCE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT.
Some jurisdictions do not allow certain exclusions, so parts of this may not apply to you; liability is then limited to the maximum extent the law permits. Nothing here excludes liability that cannot lawfully be excluded.
11. Refunds
You may request a refund within 14 days of purchase if the licence has not been used to produce or submit an actual First Article Inspection record. Refunds are processed through Paddle, our payment provider; Paddle's own buyer terms may also apply.
12. Term and termination
This agreement runs until terminated. It ends automatically if you materially breach it, in particular sections 4 or 8. On termination you must stop using the Software and remove all copies. Sections 6, 9, 10 and 13 survive. Your perpetual licence is not otherwise time-limited.
13. Governing law
This agreement is governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Orange County, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. General
This is the entire agreement about the Software and supersedes earlier understandings. If any part is unenforceable, the rest stands. Our failure to enforce a right is not a waiver. You may not assign this agreement without our consent; we may assign it in connection with a merger or sale of assets.
By installing or using FAIRmark you confirm you have read this agreement, understand it, and agree to be bound by it.