Use of Electronic Information Provided by SvR Design Company
1. The use of electronic information provided by SvR is restricted to the original site and project for which it was prepared. The electronic information is provided for informational purposes only and the recipient acknowledges that the information may either be in draft form or may be revised at any time. The electronic information is proprietary and is to be used only as an aid toward the successful completion of this project by the recipient person and/or company. SvR has provided the electronic information solely for your convenience. This does not eliminate or reduce your responsibility to verify any and all information relevant to your work and responsibility on this project. Recipient shall have 30 days from receipt of the electronic information to verify compatibility, readability and appropriateness for use: SvR shall not be responsible for translation errors and does not agree to maintain the electronic information beyond this time period, nor to translate or reconfigure the electronic information. If errors or discrepancies are discovered, please notify our office in writing immediately. Drawings shall not be interpreted to be true scale documents of the proposed work, nor shall they be utilized for fabrication unless written approval is first obtained from SvR. If the electronic information is being altered as part of an effort to generate as-built drawings, SvR accepts no liability and/or responsibility for the accuracy of such as-built documents. Material prepared from the electronic information shall not be used for other projects or be transferred to any other party or entity for use on this or other projects. Reuse or reproduction of the electronic information, data or documents prepared from, by or with this electronic information for any other purpose or party for which the material was not strictly intended, is prohibited, as SvR retains all copyright and other legal interest in the material. In addition, all drawing information contained in the electronic information including, but not limited to, symbol libraries, blocks, details, etc. may not be reproduced, sold, distributed or utilized in any form on any other project or by anyone else.
2. Recipient recognizes that information stored on electronic media, including, but not limited to, a server or computer disk prepared by SvR, may not be 100% compatible with their own computer system due to differences in computer hardware and software, or may be subject to translation errors. In addition, recipient recognizes that designs, plans and data stored on electronic media, including but not limited to a server or computer disk, may be subject to undetectable alteration and/or uncontrollable deterioration. If, for any reason, a conflict occurs between information stored on electronic media and stamped, signed documents, the information on signed or stamped documents shall govern.
3. In light of the foregoing, recipient recognizes and acknowledges that the use of electronic information will be at their sole risk and without any liability or legal exposure to SvR. No warranties of any nature, whether express or implied, shall attach to any electronic media or electronic information provided by SvR. Furthermore, recipient hereby releases and shall, to the fullest extent permitted by law, defend, indemnify and hold harmless SvR from any and all claims, damages, losses and expenses (“Claims”) including attorney’s fees arising out of, or resulting from the use of such electronic information, including, but not limited to, Claims involving the completeness or accuracy of any data or information contained therein.
4. Due to the potential that electronic information can be modified unintentionally or otherwise, SvR Design Company (SvR) reserves the right to remove all indices of its ownership, name, and/or involvement from electronic information not in its possession.
5. Notwithstanding SvR’s agreement to provide electronic information pursuant to these terms, nothing shall be construed to create contractual privity or benefit between recipient and SvR except as is necessary for SvR to enforce these express, limited terms and conditions.
6. Use of any electronic information or data signifies your acceptance of the above statements without exceptions and/or modifications.
7. Recipient acknowledges and represents that he/she is accepting these terms of agreement after having received full legal advice, and hereby warrants that he/she has the right and authority to accept these terms.
8. This Agreement incorporates and supersedes any and all prior understandings, contains the entire agreement between the Parties, and shall be binding upon and inure to the benefit of the representatives, successors and assigns of each. Any amendments to this Agreement shall be by written agreement between the parties.
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