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License Agreement and Terms

Effective Date: November 2, 2017

PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) BEFORE ACCESSING OR USING THE DRAWINGS OR PLANS (“PLANS”). IF YOU AGREE TO THE TERMS OF THIS AGREEMENT, PRESS THE “I AGREE” BUTTON, WHICH INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PRESS “I AGREE” AND DO NOT DOWNLOAD OR USE THE PLANS. ACCESSING OR USING THE PLANS INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH APPLY TO YOUR USE OF THE PLANS, YOUR USE OF THE DIYDONERIGHT.COM AND STRONGTIE.COM WEBSITES (COLLECTIVELY, THE “WEBSITES”) ARE GOVERNED BY AND SUBJECT TO THE TERMS AND CONDITIONS OF THE SIMPSON STRONG-TIE USER AGREEMENT AND OUR PRIVACY POLICY.

PLEASE REFER TO THE COMPANY'S CATALOGS AND OTHER INFORMATION AVAILABLE ON THE STRONGTIE.COM WEBSITE FOR ALLOWABLE LOADS, CORRECT COMPONENT SPECIFICATIONS, CORRECT FASTENERS, GENERAL NOTES, GENERAL INSTRUCTIONS FOR THE INSTALLER, GENERAL INSTRUCTIONS FOR THE DESIGNER, CORROSION INFORMATION, TERMS AND CONDITIONS OF SALE, BUILDING CODES, BUILDING CODE EVALUATION REPORT LISTINGS AND OTHER IMPORTANT INFORMATION ABOUT THE COMPANY’S PRODUCTS. TO OBTAIN A COPY OF THESE CATALOGS OR IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR SIMPSON STRONG-TIE REPRESENTATIVE OR WRITE OR CALL THE COMPANY AT:

SIMPSON STRONG-TIE COMPANY INC.
5956 W. LAS POSITAS BLVD.
PLEASANTON, CA 94588
(800) 999-5099

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 Plans. No other right or license of any kind is granted by Company to you with respect to the Plans.

RESTRICTIONS

You may not: (1) modify or create any derivative works based on the Plans, or any portion thereof; (2) market, rent or lease the Plans for a fee or charge; (3) represent that the Plans, 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 Plans; (5) incorporate the Plans or any portion thereof into any other plans or product; (6) use the Plans or any portion 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 Plans 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 Plans including, without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Plans, any portion 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 Plans, or any derivative work. Unauthorized copying or use of the Plans 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) 2017 Simpson Strong-Tie Company Inc. All rights reserved.”

NO WARRANTY

COMPANY MAKES NO WARRANTY WITH RESPECT TO THE PLANS. THE PLANS ARE MADE AVAILABLE “AS IS” AND WITH ALL FAULTS. COMPANY DOES NOT WARRANT THAT THE PLANS WILL BE FREE FROM ERRORS OR THAT ERRORS WILL BE CORRECTED. THE SIMPSONS STRONG-TIE PRODUCTS IDENTIFIED IN THE PLANS ARE COVERED BY THE LIMITED WARRANTY IN EFFECT AS OF THE PURCHASE DATE. YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE CONTROL OVER YOUR USE OF THE PLANS, AND COMPANY DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE PLANS. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE PLANS. COMPANY MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR ALLEGEDLY EXTENDED IN ANY COMMUNICATION WITH YOU. WHERE LAWFUL, COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. IN NO EVENT WILL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR DIRECT OR INDIRECT LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, DEATH AND PERSONAL INJURY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WARNING AND DISCLAIMER

Your use of the Plans must be reviewed and approved by qualified professionals familiar with all applicable building codes. The specific design and location of the structure, the building materials used, the quality of construction, the condition of the soils or substrates involved, and site-specific loading due to the particular characteristics of potential impact events such as earthquakes and high velocity winds will affect the strength and safety of the structure or project.

THE PLANS ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT. A QUALIFIED PROFESSIONAL MUST CONFIRM THAT THE PLANS MAY BE USED AT YOUR SITE BY REFERRING TO ALL APPLICABLE BUILDING CODES, AMENDMENTS AND ALL OTHER RELEVANT INFORMATION, INCLUDING WITHOUT LIMITATION THE CURRENT SIMPSON STRONG-TIE CATALOGS AND WEBSITES. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE PLANS, COMPANY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE PLANS. THE PLANS ARE INTENDED TO BE USED ONLY IN CONJUNCTION WITH COMPANY PRODUCTS.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PLANS, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE). THIS LIMITATION WILL APPLY EVEN IF COMPANY 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. 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.

EFFECT OF TERMINATION

Termination of this Agreement by Company 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.

INDEMNIFICATION

By accepting this Agreement you agree to defend, indemnify and hold harmless Company, its officers, employers, agents, subsidiaries and affiliates from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your breach of this Agreement, use of the Plans 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 is 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 plans 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, along with the Simpson Strong-Tie User Agreement and Privacy Policy, constitutes the entire agreement between the parties concerning the subject matter hereof and thereof, 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 for the State of California, without regard to choice of law or conflicts of law principles. You agree that any action, suit, or proceeding arising from or related to use of the Plans shall be brought exclusively in the federal or state courts of the State of California. For help in using the Plans, refer to the information made available on the Company’s websites. For technical engineering support, call (800) 999-5099.