Important - Carefully read: this is a legal agreement between your company (“you”) and Victaulic company (“Victaulic”) for the victaulic product content you have chosen to download. before continuing with the installation of the victaulic product content, you must read, acknowledge and accept the terms of the license agreement below (the “Agreement”). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT INSTALL OR USE THE CONTENT AND RETURN THE CONTENT TO VICTAULIC. the following License Agreement before installing any Victaulic Product Content. By installing and using this Victaulic Product Content, you are agreeing to be bound by the terms of this agreement.
Victaulic maintains a continual policy of product improvement and reserves the right to change product specifications, designs and standard equipment without notice and without incurring obligation.
The Victaulic Product Content is intended only for reference in the utilization and presentation of the form of Victaulic products. The Content is not intended as a substitute for competent, professional engineering assistance. You use the Content at your own risk and assume any and all liability resulting from such use.
Good piping practices should always be employed. Specific pressures, temperatures, external or internal loads, performance standards and tolerances must never be exceeded. Many applications require recognition of special conditions, code requirements and use of safety factors. Qualified engineers must make these decisions and should refer to Victaulic’s printed publications for each Victaulic product considered for use, as well as the Victaulic Design Data and Gasket Selection (publications 26.01 and 05.01) as needed. These publications are available on request at no charge.
Victaulic Generated Product Content
This is a License Agreement and not an agreement for sale. Victaulic Company of America owns this Victaulic Product Content, which includes data (including compilations of data grouped together, commonly known as block or families), software, and any associated documentation (the "Content"). Content further includes electronic files created, modified, sent or otherwise provided to you by Victaulic or generated through your use which are derivative of the of ContentVictaulic Products. You obtain no rights in the Content other than the License those granted you by this Agreement. Victaulic will retains all right, title, and interest in and to the exclusive ownership of all Ccontent, including any copies thereof. , and will own allYou acknowledge that your neither own nor hereby acquire any claim or right of ownership to the Content, or to any related intellectual property rights. Victaulic reserves all rights not expressly granted to you., title, and interest in any ideas, concepts, know-how, documentation, and techniques associated with such Content. YOU ASSUME ALL RESPONSIBLITY FOR THE SELECTION OF AND RELIAENCE ON THE CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE CONTENT.
1. YOU ARE FREE TO DO THE FOLLOWING:
Subject to your compliance with all the terms and conditions of this Agreement, Victaulic grants you a non-exclusive license (the License) to: load, execute, and access the Content on CPU-based devices for your internal business operations; cCopy the Content into any machine readable or printed form for backup or modification purposes in support of your use of this Content; and mMerge it into non-Victaulic content generated by you or by third parties for your use ; upon providing notice to Victaulic, transfer the Content and this License to another party within your company if the other party agrees to accept the terms and conditions of this Agreement (If the Content is transferred, all copies, in machine readable or printed format, must be transferred or destroyed.). (AnyTo the extent that the portion of the Victaulic Content is merged into non-Victaulicwith such non-Victaulic content, the Ccontent will continue to be subject to the terms and conditions of this Agreement.). Upon providing notice to Victaulic, transfer the Content and License to another party within your company if the other party agrees to accept the terms and conditions of this Agreement (If the Content is transferred, all copies, in machine readable or printed format, must be transferred or destroyed.). If you reproduce the Ccontent, in whole or in part, such copies shall retain the Victaulic designation.
2. YOU ARE NOT FREE TO DO THE FOLLOWING:
Victaulic Company of America maintains a continual policy of product improvement and, therefore, reserves the right to change product specifications, designs and standard equipment without notice and without incurring obligation.
This Victaulic Content is intended for reference in utilization and presentation of Victaulic products in form and Victaulic is not responsible for usage regarding design and is not intended for design purposes. It is not intended as a substitute for competent, professional assistance, which is a necessary prerequisite to any specific application. Anyone making use of the information or material contained herein does so at his/her own risk and assumes any and all liability resulting from such use.
Good piping practices should always prevail. Specific pressures, temperatures, external or internal loads, performance standards and tolerances must never be exceeded.
Many applications require recognition of special conditions, code requirements and use of safety factors. Qualified engineers must make these decisions and should refer to Victaulic Design Data and Gasket Selection (publications 26.01 and 05.01) available on request at no charge.
3. TERM AND TERMINATION
The This License is effective until terminated. You may terminate your obligations under Thethe License Licensee may terminate at any time by destroying the Content together with all copies, modifications and merged portions of the Content. Your rights under the License It will also terminate immediately if you when breach any of the terms of this License are violated. At such time, you the Licensee agrees that all copies of the Content will be destroyed along with merged portions of the Content and modified versions. This Agreement may be terminated immediately by Victaulic without cause upon written notice to you. Termination shall not limit Victaulic from pursuing other available remedies. Upon termination of this Agreement, you must certify in writing to Victaulic that you have un-installed and destroyed all copies of the Content within thirty (30) days of such revocation/expiration. Sections 2-8 of this Agreement shall survive any such termination.
The Content is copyrighted by Victaulic and is protected by United States Copyright law and by international treaty provisions. You may not copy or distribute the Content except as provided herein.
5. TRAINING AND SUPPORT
Victaulic, at its sole option, may, but is under no obligation to, provide training, assistance, documentation or support concerning the installation or use of the Content.
6. NO WARRANTY
REGARDLESS OF ANY STATEMENT MADE IN THE CONTENT, OR PROVIDED BY OR AGREED TO BY VICTAULIC IN ANY OTHER FORM, THE CONTENT IS PROVIDED HEREUNDER “AS IS”. VICTAULIC COMPANY MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OR COMPATIBILITY OF THE CONTENTIMPLIED WARRANTIES OR OF THE CONTENT’S MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AGAINST ANY HIDDEN DEFECTS. REGARDING THE CONTENT.
7. LIABILITY LIMITATION OF LIABILITY
Victaulic Company’s entire liability and your exclusive remedy under this AGREEMENT will be, at Victaulic Company’s option, to attempt to correct or assist you, regarding errors, with efforts which Victaulic Company believes suitable for the problem or to replace the Content, as applicable. No Victaulic Company dealer, distributor, agent or employee is authorized to modify this liability limit.
This Agreement shall be governed and construed under the substantive laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles. Each Party hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Eastern District of Pennsylvania for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby.
VICTAULIC COMPANY MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLCIABLE LAW, IN NO EVENT SHALL VICTAULIC COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY ANYONE FOR ANY INDIRECT, SPECIAL, COLLATERAL, INCIDENTAL, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OR INACCURACY OF DATA, COST OF SUBSITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF VICTAULIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING OUT OF USE OF THE CONTENT. THE SOLE AND EXCLUSIVE LIABILITY ASSIGNABLE TO VICTAULIC COMPANY REGARDLESS OF THE FORM AND THE ACTION, SHALL NOT EXCEED THE REPLACEMENT OF THE CONTENT ENCLOSED HEREIN.
8. GENERAL PROVISIONS
This Agreement is governed by the laws of the State of Pennsylvania, United States, without reference to conflict of laws provisions and the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by confidential arbitration under the Rules of the AAA, which Rules are deemed to be incorporated by reference into this clause. The number of Arbitrators shall be one. The seat, or legal place of the arbitration shall be Philadelphia, PA. The language to be used in the arbitral proceedings shall be English. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and Victaulic, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the parties. If you are acquiring the Content on behalf of any entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement. Should you have questions concerning this Agreement, please contact the Victaulic Legal Department, or write to: Victaulic Company, Legal Department, 4901 Kesslersville Road, Easton, PA 18040.
Be sure to check the Victaulic web site regularly at victstage.wpengine.com/software for downloads and updates.