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BergerABAM agrees to provide electronic information subject to the following terms and conditions. Possession of the electronic information is evidence of recipient's acceptance of, and agreement with, these restrictions.
Due to the potential that electronic information can be modified unintentionally or otherwise, BergerABAM reserves the right to remove all indices of its ownership, name, and/or involvement from electronic information not in its possession.
The use of this electronic information is restricted to the original site and project for which it was prepared. The information may be proprietary and is to be used or receiving only as an aid toward the successful completion of this project by the intended recipient and/or company. BergerABAM 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. The recipient has 30 days from receipt of the electronic information to verify compatibility, readability, and appropriateness for use. BergerABAM is not responsible for translation errors and may not agree to maintain the electronic information beyond this 30-day period, nor will BergerABAM otherwise 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 used for fabrication unless written approval is first obtained by BergerABAM. If the electronic information is altered to generate as-built drawings, BergerABAM accepts no liability and/or responsibility for the accuracy of such as-built documents. 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 without prior agreement with BergerABAM. 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 BergerABAM 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 used in any form on any other project.
Recipient recognizes that information stored on electronic information, including, but not limited to, a computer disk prepared by BergerABAM, may not be compatible with their own computer system or may be subject to translation errors. In addition, recipient recognizes that designs, plans, and data stored as electronic information, including, but not limited to, a computer disk, may be subject to undetectable alteration and/or uncontrollable deterioration. If, for any reason, a conflict occurs between information contained in the electronic information and stamped, signed original documents, the information on signed or stamped original documents shall govern.
In light of the foregoing, the recipient recognizes and acknowledges that the use of such electronic information will be at their sole risk and without any liability or legal exposure to BergerABAM. No warranties of any nature, whether expressed or implied, are attached to the electronic information or the information contained thereon. Furthermore, recipient hereby releases and shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless BergerABAM 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.
Notwithstanding BergerABAM's agreement to provide electronic information pursuant to this Agreement, nothing shall be construed to create contractual privity or benefit between recipient and BergerABAM except as is necessary for BergerABAM to enforce these expressed, limited terms and conditions.
Use of any information or data in the accompanying electronic information signifies your acceptance of the above statements without exceptions and/or modifications.