PLEASE READ THIS WEBSITE APPLICATION LICENSE AGREEMENT ("AGREEMENT") BEFORE ACCESSING OR USING THE APPLICATION. ACCESSING THE APPLICATION INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS APPLICATION. IN ADDITION TO THE TERMS AND CONDITIONS EXPLAINED BELOW, WHICH APPLY TO YOUR USE OF THE
APPLICATION, YOUR USE OF THIS WEBSITE IS GOVERNED BY AND SUBJECT TO THE TERMS AND CONDITIONS OF THE SIMPSON STRONG-TIE USER AGREEMENT AND OUR PRIVACY POLICY.
LIMITED LICENSE
Subject to the terms and conditions of this Agreement, Simpson Strong-Tie Company Inc. ("Company") grants you a limited, non-exclusive, personal, nontransferable, nonsublicensable right and license to access and use the Application for its intended purpose. This license is for personal or internal business use only and does not permit commercial exploitation of the Application. No other right or license of any kind is granted by Company to you with respect to the Application.
RESTRICTIONS
You may not: (1) modify, translate, reverse engineer (except to the extent permitted under applicable law), decompile, disassemble, or create any derivative works based on the Application, or any part thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Application or any part thereof; (2)
redistribute, market, rent or lease the Application for a fee or charge; (3) represent that the Application, or any part thereof, is owned by any party other than the Company; (4) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Application, or any part thereof; (5) incorporate the Application or any part
thereof into any other application or product; (6) use the Application or any part thereof (including, without limitation,Simpson Strong-Tie product names, nomenclature, model numbers or any other trademarks) to refer to or facilitate selection of any products other than other than Simpson Strong-Tie products; or (7) use the Application for any
purpose other than in accordance with the terms and conditions of this Agreement.
The Company retains all right, title, and interest in the Application including, without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Application, any part or copy thereof, and any derivative work, regardless of the form or media in or on which the original or other copies may subsequently exist. You agree to take any action reasonably requested by Company to evidence, maintain, enforce or defend any of the foregoing rights. You shall not take any action to jeopardize, limit or interfere in any manner with Company's ownership of and rights with respect to the Application, or any derivative work. Unauthorized copying or use of the Application or any part thereof or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Company other legal remedies. This license is not a sale of the original or any backup copy. If any of the Company's copyrighted works are reproduced or their contents displayed, you must include the legend "Copyright (c) 2015 Simpson Strong-Tie Company Inc. All rights reserved." All trademarks contained in the Application, or in any output from the Application including any designs, specifications, product selection and reports (collectively, the "Output"), are the property of the Company or its licensors and may not be used for any purpose without the written permission of their respective owners.
LEGAL DISCLAIMER
The Application is not designed to perform any of the engineering calculations or structural design required for building construction. It is your responsibility to verify the Output's accuracy, completeness, suitability for your particular site conditions, and compliance with local building codes and practices. Please consult your local building codes for any applicable requirements. Any use of the Output is at your own risk.
The Company assumes no responsibility for any damages, including direct or consequential, personal injuries suffered, or property or economic losses incurred as a result of any information available through the Application (including the Output). Before beginning any project, you must carefully and review all of the information about the
Simpson Strong-Tie ® products that is available on www.strongtie.com. The Company cannot anticipate all of your working conditions or the characteristics of your materials and tools. For your safety, you should consider your own skill level and use caution, care and good judgment when using any Simpson Strong-Tie® products. If you have doubts, concerns or questions, consult local experts, architects, soil engineers or building authorities. Because local zoning and building codes and regulations vary greatly, you should ALWAYS CHECK WITH LOCAL AUTHORITIES TO ENSURE THAT YOUR PROJECT COMPLIES WITH ALL APPLICABLE CODES AND REGULATIONS. Always read and observe instructions and safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures.
You are responsible for ensuring that all measurements are correct. Due to the size, shape, location or other considerations, the design set forth in any Output from the Application may require supporting structures that are not included in the design or on the materials list and other information provided. Any reference to third-party products
(including competitor's products) is made for comparison purposes only, and the Company disclaims any responsibility or liability for the accuracy, reliability, or completeness of any information related to third-party products. YOU ARE RESPONSIBLE FOR ENSURING THAT THE OUTPUT, INCLUDING ANY DESIGN OR PRODUCT RECOMMENDATION SET FORTH THERIN, IS APPROPRIATE, SAFE AND STRUCTURALLY SOUND FOR YOUR PROJECT, LOCATION AND ANTICIPATED USE. You are also responsible for verifying that the design and any substitutions or modifications you make meet all local building codes and regulations.
The Company assumes no liability or responsibility for your design, construction or use of any product or information supplied through the Application.
NO WARRANTY
COMPANY MAKES NO WARRANTY WITH RESPECT TO THE APPLICATION (INCLUDING THE OUTPUT). THE APPLICATION IS MADE AVAILABLE "AS IS" AND WITH ALL FAULTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY OF ITS LICENSORS, DEALERS, DISTRIBUTORS, EMPLOYEES OR AGENTS SHALL IN ANY WAY MODIFY THIS DISCLAIMER OF WARRANTY. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, THAT THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE APPLICATION OR THE OUTPUT WILL BE FREE FROM ERRORS, THAT ERRORS WILL BE CORRECTED, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OUTPUT IS PROVIDED "AS IS" AND WITH ALL FAULTS AND THE COMPANY MAKES NO WARRANTY THAT THE OUTPUT WILL BE COMPLETE, ACCURATE, CORRECT OR SUITABLE FOR YOUR PURPOSES.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE CONTROL OVER YOUR USE OF THE APPLICATION, AND COMPANY DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE APPLICATION. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE APPLICATION, INCLUDING THE OUTPUT AND ALL INFORMATION CONTAINED THEREIN.
YOU AGREE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR ALLEGEDLY EXTENDED IN ANY COMMUNICATION WITH YOU. COMPANY SPECIFICALLY DISCLAIMS: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR OPERATION OF THE APPLICATION WILL BE ERROR FREE OR UNINTERRUPTED. IF YOU OBTAINED THIS LICENSE IN THE UNITED STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU AS SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE, AGREE AND UNDERSTAND THAT YOU HAVE BEEN ADVISED TO SECURE PROFESSIONAL TECHNICAL AND/OR ENGINEERING EXPERTISE TO REVIEW AND CONFIRM THE APPROPRIATENESS AND ACCURACY OF ALL INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL INPUT AND OUTPUT OF THIS APPLICATION. THIS APPLICATION IS A TOOL INTENDED TO ASSIST WITH PRODUCT
SELECTION, AND IS NOT A SUBSTITUTE FOR INDEPENDENT DESIGN OR TESTING FOR STRESS, SAFETY AND UTILITY. THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. THIS APPLICATION IS INTENDED TO BE USED ONLY IN CONJUNCTION WITH COMPANY PRODUCTS. YOU MUST CONFIRM ALL RESULTS BY REFERRING TO THE CURRENT COMPANY CATALOG AND WEBSITE. YOU SHOULD CONSULT WITH A TRAINED PROFESSIONAL TO ENSURE THAT THE PRODUCTS ARE PROPERLY SPECIFIED FOR YOUR PARTICULAR ENVIRONMENT (INCLUDING, WITHOUT LIMITATION, THAT THE PRODUCTS HAVE THE PROPER LEVEL OF CORROSION RESISTANCE BASED ON YOUR PARTICULAR ENVIRONMENTAL CONDITIONS, MATERIALS, CONSTRUCTION DESIGN AND OTHER FACTORS) AND TO ENSURE THAT THE PRODUCTS ARE USED IN ACCORDANCE WITH THE DESIGN LIMITS AND THE STRUCTURAL, TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS SET FORTH IN THE CURRENT COMPANY CATALOG AND WEBSITE. YOU SHOULD ALSO SEEK PROFESSIONAL ASSISTANCE WITH RESPECT TO THE CONSTRUCTION OF THE STRUCTURE. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE APPLICATION AND PRODUCTS, THE COMPANY SHALL NOT BE LIABLE IN ANY
MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE APPLICATION. PERSONS USING THE APPLICATION ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE APPLICATION. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE APPLICATION, FILES, TABLES, DRAWINGS AND
INFORMATION AND THE SELECTION OF THE OTHER PRODUCTS, SOFTWARE AND MATERIALS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE APPLICATION ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT, INCLUDING ALL PRODUCTS SELECTED BY USING THE APPLICATION.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR REPRESENTATIVES ("REPRESENTATIVES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, COST OF COVER OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE APPLICATION (INCLUDING THE OUTPUT), HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE). THIS LIMITATION WILL APPLY EVEN IF COMPANY OR ANY DISTRIBUTOR OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE ROYALTY-FREE BASIS FOR RECEIVING THIS LICENSE REFLECTS THIS ALLOCATION OF RISK. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES AVAILABLE TO EITHER PARTY. IF YOU OBTAINED THIS LICENSE IN THE UNITED STATES, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with its terms and conditions.
TERMINATION FOR BANKRUPTCY
Company may terminate this Agreement if you (a) become insolvent; (b) fail to pay your debts or perform your obligations in the ordinary course of business as they mature; (c) are declared insolvent or admit in writing your insolvency or inability to pay your debts or perform your obligations as they mature; or (d) become the subject of any voluntary or involuntary proceeding in bankruptcy, liquidation, dissolution, receivership, attachment or composition, or make a general assignment for the benefit of creditors, provided that, in the case of an involuntary proceeding, the proceeding is not dismissed with prejudice within sixty (60) days after the institution thereof.
EFFECT OF TERMINATION
Upon termination of this Agreement, you shall immediately cease use of the Application. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement. Company shall not be liable to you for damages of any kind as a
result of terminating this Agreement in accordance with its terms, and termination of this Agreement by Company shall be without prejudice to any other right or remedy of Company under this Agreement or applicable law.
EXPORT RESTRICTIONS
You acknowledge that use of the Application is subject to certain restrictions under U.S. and non-U.S. exports and international trade laws, regulations and restrictions (collectively, the "Export Regulations"), including, but not limited to, the U.S. Export Administration Act of 1979, as amended from time to time, and regulations promulgated
thereunder, and the U.S. trade sanction programs, as amended from time to time, of the Office of Foreign Assets Control. You agree to comply fully with the Export Regulations and to obtain any necessary licenses from the applicable U.S. and foreign regulatory authorities. Without limiting the generality of the foregoing, you represent and warrant to Company that you will not re-export, supply or otherwise make available the Application to any person in violation of any Export Regulation, including re-exporting, supplying or otherwise making available the Application to any person on the U.S. Department of Commerce's Denied Persons List or affiliated lists (collectively, the "Denied Persons List"), on the U.S. Department of Treasury's Specially Designated Nationals List (the "Designated Nationals List") or on any U.S. export exclusion lists (collectively, the "Exclusion Lists", and together with the Denied Persons List, the Designated Nationals List, collectively the "Export Denial Lists"). You hereby certify that you are not on any
of the Export Denial Lists. You agree and acknowledge that you shall have exclusive liability for any of your violations of any Export Regulation.
INDEMNIFICATION
By accepting this Agreement you agree, at your own expense, to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including,
without limitation, reasonable attorneys' fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Application (including the Output) or any act or omission by you.
ASSIGNMENT
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without the prior written consent of Company. Subject to the preceding sentence, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
SEVERABILITY
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then: (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
FORCE MAJEURE
Company shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this
Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Company and you.
GENERAL
This Agreement shall be governed by the laws of the State of California, including its Uniform Commercial Code without reference to conflicts of laws principles. This Agreement is the entire agreement between the parties and supersedes any other communications or advertising with respect to the Application and accompanying
documentation. If you have any questions, please contact in writing Simpson Strong-Tie Customer Service.
ACCEPTANCE OF TERMS
By using the Application, you agree to the terms and conditions of this Agreement. The Application should only be used by experienced designers. As a user, you are responsible for assuring the accuracy of your input to the Application. All Output should be reviewed for accuracy by a qualified design professional before product use to ensure that the products are properly specified, installed, and maintained, and to ensure that the products are being used in accordance with the design limits and the structural, technical, and environmental specifications (including, without limitation, that the products have the proper level of corrosion resistance based on your particular environmental conditions, materials, construction design and other factors). The Application's product selection must include a thorough review of the latest version of the Simpson catalog and website to insure appropriate selection and product application. Building jurisdictions may require product selection and usage (including any substitution
requests for alternate products) to be approved in writing by the engineer of record and building officials prior to use. You are responsible for obtaining any necessary approvals from the engineer of record and building officials prior to use of the Output. For help in using the Application, refer to the information made available in the Application and the Company's website. For technical engineering support, call (800) 999-5099. See www.strongtie.com for latest version.
SIMPSON STRONG-TIE® PRODUCT INFORMATION
PRIOR TO SELECTION OR USE OF ANY OF THE SIMPSON STRONG-TIE® PRODUCTS REFERENCED IN THE APPLICATION, PLEASE REFER TO THE INFORMATION AND SPECIFICATIONS IN THE APPLICABLE PRODUCT CATALOG AND ON THE WWW.STRONGTIE.COM WEBSITE, WHICH INFORMATION INCLUDES GENERAL NOTES, GENERAL INSTRUCTIONS FOR THE INSTALLER, GENERAL INSTRUCTIONS FOR THE DESIGNER, BUILDING CODES, CORROSION INFORMATION AND TERMS & CONDITIONS OF SALE, ALONG WITH OTHER INFORMATION AND SPECIFICATIONS PUBLISHED BY SIMPSON STRONG-TIE COMPANY INC. TO OBTAIN ANY APPLICABLE PRODUCT CATALOG, PLEASE VISIT THE WWW.STRONGTIE.COM WEBSITE, CONTACT YOUR SIMPSON STRONG-TIE REPRESENTATIVE OR WRITE OR CALL THE COMPANY.