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M.A. MORTENSON v. TIMBERLINE SOFTWARE

No. 41304-0-I.

970 P.2d 803 (1999)

93 Wash.App. 819

M.A. MORTENSON COMPANY, INC., Appellant, v. TIMBERLINE SOFTWARE CORPORATION and Softworks Data Systems, Inc., Respondents.

Court of Appeals of Washington, Division 1.

February 1, 1999.

Attorney(s) appearing for the Case

Catherine Cecily Clark, Bradley Lew Powell, Oles Morrision Rinker & Baker LLP, Seattle, Theodore Russell, Sheppad Mullin Richter & Hampton LLP, San Francisco, CA., for Appellant.

Charles Eugene Peery, Michael Edward Ricketts, Michael Porter Grace, Peery Hiscock Pierson & Ryder, Laura Peery Knechtel, Seattle, for Respondents.

Robert Bertelson Mitchell, Mark Wittow, Preston Gates Ellis, Seattle, for Amicus Curiae Business Software Alliance & Washington Software Alliance.

WEBSTER, J.

Appellant M.A. Mortenson Company licensed specialized software from Respondent Timberline Software Corporation via Respondent Softworks Data Systems ("SDS"), Timberline's local authorized dealer (the Respondents will be referred to collectively as "Timberline"). The software program is used by contractors in preparation of construction bids. Use of the program is generally subject to a form license agreement that...

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