Grant of License
Access to the CSD® software (the “Software“) as a service via the Website (the “Services“) is subject to a separate End User Software Services License Agreement •, which You will be required to accept and agree to before having any access to the Services.
Alberta Law Applies
DISCLAIMER OF WARRANTIES AND CONDITIONS
Except as expressly set out herein, the Website, the Software and the Services are provided strictly on an “AS IS, WHERE IS” and “AS AVAILABLE” basis. CSD® warrants that, for 60 days from the initial delivery of Software, the Software shall operate substantially in accordance with the description provided on the Website. In the event of any breach of the limited warranty provided in this Section, CSD® shall use commercially reasonable efforts to modify or replace the Software or applicable component, as the case may be, to correct such defect. The warranties contained herein shall terminate and become null and void to the extent that any breach of such warranties arises from modification made by the Subscriber, any sub-licensee or any other end user of the Software or if a Subscriber or any sub-licensee or other end user fails to update to the latest versions of the Software. The Subscriber and each sub-licensee and end user further acknowledges and agrees that CSD® is not responsible, and shall have no liability arising from hardware, software, incompatible operating systems or equipment or other items or any services provided by any persons other than CSD®. No oral or written information or advice given by CSD® or its officers, directors or employees shall in any way extend, modify or add to the foregoing limited warranty.
LIMITATION OF LIABILITY
IN NO EVENT WILL CSD® OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF THE USE OF OR INABILITY TO USE OR ACCURACY OF THE DATA GENERATED BY, AND/OR OUTPUT PRODUCED FROM THE SOFTWARE, THE SERVICES OR ANY KIND OR DOCUMENTATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSD® MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR SERVICES ARE ERROR-FREE AND IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF CSD® TO ANY PARTY, FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE LICENSE FEES PAID TO CSD® BY THE SUBSCRIBER FOR THE LICENSE OF THE SOFTWARE PURSUANT TO THIS AGREEMENT IN THE PREVIOUS TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CSD® AND THE SUBSCRIBER. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SUBSCRIBER AND ANY SUB-LICENSEE OR END USER ASSUMES ALL RISK AS TO THE SUITABILITY, ACCURACY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. THE SUBSCRIBER AND EACH SUB-LICENCEE EXPRESSLY ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE SUBSCRIBER HAS BEEN ADVISED AND HAS ADVISED ITS SUB_LICENCEES AND END USERS TO SECURE PROFESSIONAL TECHNICAL AND/OR ENGINEERING EXPERTISE TO REVIEW AND CONFIRM THE APPRORPIATENESS AND ACCURACY OF ALL INFORMATION AND DATA INPUT AND INCLUDING, WITHOUT LIMITATION, ALL DESIGN OUTPUT. THE SUBSCRIBER AND EACH SUB-LICENCEE AND END USER FURTHER AGREES THAT ALL SOFTWARE OUTPUT FOR THE SPECIFICATION OF STRUCTURAL MEMBERS IS PRELIMINARY UNTIL IT HAS BEEN REVIEWED AND CERTIFIED BY A “COMPETENT COMPONENT DESIGNER”. A “COMPETENT COMPONENT DESIGNER” IS DEFINED AS THE INDIVIDUAL OR ORGANIZATION LEGALLY RESPONSIBLE FOR THE DESIGN OF THE INDIVIDUAL BUILDING COMPONENT. THIS INDIVIDUAL OR ORGANIZATION SHALL MEET THE LEGAL REQUIREMENTS OF THE CITY STATE/PROVINCE, OR OTHER AGENCY WHICH EXERCISES LEGAL AUTHORITY OVER THE STRUCTURE WHERE THE COMPONENT IS TO BE USED, WHETHER OR NOT THIS INDIVIDUAL IS REQUIRED TO BE A REGISTERED PROFESSIONAL ENGINEER AS GOVERNED BY APPLICABLE LAW. FURTHER, THE SUBSCRIBER AGREES THAT ALL OUTPUT WILL BE CONSIDERED PRELIMINARY UNTIL REVIEWED AND CERTIFIED AS DESCRIBED ABOVE.
All of the Services posted on, linked to, or available on or through the Website are subject to availability and to change without notice. CSD® makes no offers subject to unconditional acceptance and any offer made by You is subject to review and acceptance by CSD®. In addition, any contract concluded between you and CSD® related to, or arising out of, the Software, Website or Services, including any beta testing, requires acceptance of CSD®‘s standard contractual provisions related to the Services in effect at the time.
Accuracy of Information
While CSD® takes reasonable efforts to ensure accuracy, completeness and timeliness of the contents of the Software, Website and the Services, CSD disclaims any liability whatsoever with respect to errors or omissions, howsoever caused.
Third Party Links and Endorsements
From time to time, CSD® may post certain links or other third party information on the Website that lead to websites maintained by independent third parties over which CSD® has no control. CSD® accepts no obligation to post or maintain any such links and there may be no such links at any given time. If CSD® does provide such links, they have been provided solely as a convenience for users of the Website and do not constitute an endorsement by CSD® of the content of such third party sites. Your use of such links is solely at Your own risk. Links to this Website may also be provided from other sites either known or unknown to CSD® and access to any other website linked to or from this Website is at Your own risk. CSD® make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites. Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.
Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which CSD® assumes no liability. You use the Internet and email at Your own risk.
Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. CSD® will not be responsible for, nor be liable to You or anyone else, for any damages in connection with any Internet communication with CSD®, nor for any email sent by You to CSD®, or any email or other electronic communication sent by CSD® to You at Your request or in response to information received from You.
Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are licensed or copyright to CSD® all rights reserved. CSD® and associated logos and designs are trade-marks and the exclusive property of CSD®, all rights reserved. The trade-marks of any third parties appear with any required licenses.
in full force and effect.
Contacting Us and Receiving Information
CSD® requests that You provide CSD® with only such personal information as You reasonably should disclose in order to permit CSD® to provide You with information, respond to You, consider Your queries or consider You for employment. CSD® accepts no liability for any failure to receive Your information, or for any loss of, or damage to, information in transit to CSD®, or received by CSD®. Any personal information You provide is considered by CSD® to have been provided with Your consent, permitting CSD® to collect, use and disclose such personal information for reasonable purposes related to Your contacting CSD® or receiving information from CSD®.