PRESSURE PIPE THRUST RESTRAINT DESIGN SOFTWARE
IN ACCORDANCE WITH AWWA M9, 3RD EDITION
LICENSING AGREEMENT
BETWEEN THE SOFTWARE USER AND THE
AMERICAN CONCRETE PRESSURE PIPE ASSOCIATION
IMPORTANT - READ CAREFULLY BEFORE CLICKING ACCEPTANCE BUTTON AND USING SOFTWARE
The copyrights and all other intellectual property rights in the program that constitutes this pressure pipe thrust design software product ("Software"), together with the computer file downloaded via the Internet, are and remain the property of the American Concrete Pressure Pipe Association (ACPPA). You are licensed to use the Software only if you accept all the terms and conditions set out below. If an individual is licensing this Software from ACPPA on behalf of a corporation or other entity "you" refers to both the individual and that entity, and both will be bound by the terms and conditions below.
BY CLICKING ON THE ACCEPTANCE BUTTON RELATED TO THIS AGREEMENT MARKED "DO YOU ACCEPT THESE TERMS AND CONDITIONS?" YOU INDICATE ACCEPTANCE OF THE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "REJECT" BUTTON AND DELETE THE MATERIALS FROM YOUR COMPUTER.
1. License Agreement
The Software, related documentation, and all intellectual property rights embodied within or derived from such Software are copyrighted works of authorship or proprietary materials exclusively owned by ACPPA. ACPPA retains ownership of all subsequent copies of the Software and all derivative works based on such Software. This license is not a sale of the original Software or any copies.
ACPPA grants to you a limited, non-transferable, non-exclusive license to (a) use the Software on any computer owned, leased, and/or controlled by you and (b) make one copy of the Software for backup or archival purposes. In consideration for this limited, non-transferable, non-exclusive license, you agree to provide ACPPA with your name and valid contact information, which ACPPA may use to contact you for commercial and noncommercial purposes or provide to a third-party for its commercial or noncommercial use. ACPPA may also use your contact information to notify you about software updates, although the association is under no legal obligation to do so.
2. Prohibited Activities
You may not use, copy, or modify the Software or any copy in whole or in part, including any print-out or modification of the source or object codes, except as expressly provided in this Agreement. You may not translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Software except as expressly permitted under the terms of this Agreement. You may not disclose, display, communicate, or otherwise permit the use of the Software or its source or object codes by or to any third party for any purpose.
3. User Restriction
This Software is intended for use by licensed professional engineers experienced with the techniques for restraining concrete pressure pipe. Non-licensed engineers and technicians may use this Software after appropriate training and under the direct supervision of a licensed professional engineer. Use by any person other than a licensed professional engineer or a properly trained and supervised non-licensed engineer or technician constitutes a violation of this agreement.
THE SOFTWARE USER ASSUMES SOLE RESPONSIBILITY FOR PROFESSIONAL DECISIONS MADE WITH THE ASSISTANCE OF THE SOFTWARE, AND MUST ALWAYS EXERCISE THE USUAL STANDARD OF CARE AND INDEPENDENT PROFESSIONAL ENGINEERING JUDGMENT IN ANALYZING AND INTERPRETING CONCLUSIONS REACHED WITH THE ASSISTANCE OF THE SOFTWARE.
4. System Changes or Upgrades
The Software has been specifically designed to function with your current system. However, if you replace, upgrade, improve, or install a new version of your system, the Software may cease to function. In this circumstance, you may have to obtain new Software designed to work in conjunction with your upgraded system, if available.
5. Term
This Agreement is effective until terminated. You may terminate the Agreement at any time by destroying the Software in your possession together with all copies in any form. This Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. If ACPPA terminates this Agreement, you agree upon the termination to destroy the Software in your possession together with all copies in any form. Paragraphs 2, 3, 6, and 7 of this Agreement will survive any termination.
6. Transfer Restriction
The Software is licensed only to you and not to others. If you transfer possession of any copy of the Software to another party except as specifically permitted above, your license is automatically terminated. You may not rent, lend, lease, sublicense, sell, assign, pledge, transfer, or otherwise dispose of the Software, on a temporary or permanent basis, without the prior written consent of ACPPA. If you are a corporation or other entity and experience a change in control, that event will constitute an unauthorized assignment of this Agreement, absent the prior written consent of ACPPA. ACPPA may freely assign this Agreement.
7. Limited Warranty
ACPPA warrants that it has clear title to the Software and that the copy of the Software delivered to you will materially conform in its substantial operational features to the documentation and specifications that accompany the Software. The warranty period is 30 days from the date of delivery of the Software to you. Any documentation accompanying the Software is not warranted by ACPPA. Any modification of the Software not authorized in writing by ACPPA will void this warranty.
THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT, OR ERROR-FREE OR UNINTERRUPTED OPERATION. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
ACPPA's entire liability and your sole and exclusive remedy for breach of the above limited warranty shall be for ACPPA or its distributor to repair or replace any defective Software not meeting ACPPA's "limited warranty" described above, provided that ACPPA or its distributor receives written notice from you no later than 10 days following the expiration of the 30-day warranty period.
IN NO EVENT WILL ACPPA OR ITS DISTRIBUTOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ACPPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS A LICENSED PROFESSIONAL ENGINEER, THE USER IS MADE SPECIFICALLY AWARE THAT SOFTWARE IS EXCEPTIONALLY COMPLEX BY ITS NATURE, AND THE POSSIBILITY OF ERRORS IN THE SOFTWARE EXISTS. THEREFORE, THE USER UNDERSTANDS HIS OR HER RESPONSIBILITY TO EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT AND TO INDEPENDENTLY VERIFY ALL CONCLUSIONS, ANSWERS AND RECOMMENDATIONS. ACPPA WILL NOT BE LIABLE IN ANY MANNER FOR THE INABILITY OF THE SOFTWARE TO BE USED ON ANY SPECIFIC OR PARTICULAR ENGINEERING PROJECT.
8. Export Restrictions
You will comply with all applicable laws, rules, and regulations governing the export of goods and information, including the laws of the countries in which the materials were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Software or other information relating thereto to any country for which an export license or other approval is required without first obtaining such license or other approval.
9. General
ACPPA retains all rights not expressly granted herein. This Agreement is the complete and exclusive agreement of the parties and supersedes all prior communications, oral or written, between the parties relating to the Agreement's subject matter. Any change to this Agreement shall not be valid unless it is in writing and signed or accepted by both parties. This Agreement shall be governed by the laws of the Commonwealth of Virginia without reference to its choice of law provisions. Any dispute, controversy, contest, claim, or other matter arising out of or in connection with this Agreement or the interpretation or enforcement hereof shall be settled by binding arbitration held in Reston, Virginia in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Should you have any questions concerning this Agreement, you may contact ACPPA during regular business hours as follows:
American Concrete Pressure Pipe Association
11800 Sunrise Valley Drive, Suite 309
Reston, Virginia 20191
Telephone: 703.391.9135
Facsimile: 703.391.9136
E-mail: info@acppa.org