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License Agreement for Anchor Designer™ Software

YOU MUST READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) BEFORE USING THIS SOFTWARE PROGRAM. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE ACCEPTING THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST RETURN THE ORIGINAL SOFTWARE PROGRAM AND ANY RELATED DOCUMENTATION TO THE COMPANY AND DESTROY OR PERMANENTLY ERASE ALL COPIES OF THE SOFTWARE PROGRAM AND RELATED DOCUMENTATION.

PLEASE REFER TO THE CURRENT VERSION OF SIMPSON STRONG-TIE’S ANCHORING & FASTENING SYSTEMS FOR CONCRETE & MASONRY CATALOG FOR ALLOWABLE LOADS, DESIGN STRENGTHS, CORRECT COMPONENT SPECIFICATIONS, AND OTHER IMPORTANT INFORMATION ABOUT THE COMPANY'S PRODUCTS DEPICTED HEREIN, INCLUDING THE TERMS AND CONDITIONS OF SALE AND THE BUILDING CODE EVALUATION LISTINGS.  TO OBTAIN THIS CATALOG, PLEASE CONTACT YOUR SIMPSON STRONG-TIE REPRESENTATIVE OR THE COMPANY.

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 use this copy of the software program, consisting of the software program’s executable file, its supporting files, tables, illustrations, materials and any accompanying documentation (referred to collectively as the “Program”), solely in connection with facilitating selection of the Company’s products.  No other right or license of any kind is granted by Company to you hereunder with respect to the Program.

License Restrictions

You may not (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Program, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Program or any portion thereof; (2) market, rent or lease the Program for a fee or charge, except as expressly permitted through a separate legal agreement with the Company; (3) represent that the Program, 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 Program; (5) incorporate the Program or any portion thereof into any other program or product, except as expressly permitted through a separate legal agreement with the Company; (6) use the Program 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 Simpson Strong-Tie Products; or (7) use the Program for any purpose other than in accordance with the terms and conditions of this Agreement.

Company retains all right, title, and interest in the Program including, without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Program, any portion or copy thereof, and any derivative work or Update, regardless of the form or media in or on which the original or other copies may subsequently exist.  For purposes of this Agreement, “Update” shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Program.  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 Program, or any derivative work or Update.  Unauthorized copying or use of the Program 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 or transfer of the original or any backup copy of the Program. When individual files are reproduced or their contents displayed, you must include the legend “Copyright (c) 2012 Simpson Strong-Tie Company Inc.  All rights reserved.”

No Warranty

COMPANY MAKES NO WARRANTY WITH RESPECT TO THE PROGRAM. THE PROGRAM IS DELIVERED “AS IS” AND WITH ALL FAULTS. COMPANY DOES NOT WARRANT THAT THE PROGRAM WILL BE FREE FROM ERRORS OR THAT ERRORS WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE CONTROL OVER YOUR USE OF THE PROGRAM, AND COMPANY DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE PROGRAM. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE PROGRAM.

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 PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED.

THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AS SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND/OR JURISDICTIONS.

Disclaimer

THIS PROGRAM INCLUDING THE FILES, TABLES, ILLUSTRATIONS, MATERIALS AND INFORMATION CONTAINED THEREIN ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THIS PROGRAM IS INTENDED TO BE USED ONLY IN CONJUNCTION WITH COMPANY PRODUCTS. THE PROGRAM IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT.  THIS PROGRAM IS INTENDED TO ASSIST WITH ANCHOR SELECTION, AND IS NOT A SUBSTITUTE FOR INDEPENDENT DESIGN OR TESTING FOR STRESS, SAFETY AND UTILITY.  YOU MUST CONFIRM ALL RESULTS BY REFERRING TO THE CURRENT SIMPSON STRONG-TIE CATALOG AND WEBSITE.  DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE PRODUCTS, COMPANY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE PROGRAM. PERSONS USING THE PROGRAM ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE PROGRAM. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE PROGRAM, FILES, TABLES, ILLUSTRATIONS, MATERIALS AND INFORMATION AND THE SELECTION OF THE OTHER SOFTWARE AND MATERIALS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE PROGRAM 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 PROGRAM.

Limitation of Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, 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 PROGRAM, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE). THIS LIMITATION WILL APPLY EVEN IF COMPANY OR ANY DISTRIBUTOR 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 AND/OR JURISDICTIONS OUTSIDE OF THE UNITED 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. Either party may terminate this license at any time.  This license automatically terminates without notice if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the Program. In addition, upon termination, you will return the original Program and documentation to Company, together with any other material you have received from Company in connection with the Program.  Any costs incurred in returning the Program upon termination shall be borne by you.

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

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.

U.S. Government Restricted Rights

If the Program is acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).

Indemnification

By accepting this Agreement you agree to defend, indemnify and hold harmless Company, its officers, employees, 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 Program 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 for the State of California, including its Uniform Commercial Code without reference to conflict of laws principles. This Agreement is the entire agreement between the parties and supersedes any other communications or advertising with respect to the Program and accompanying documentation. If you have any questions, please contact in writing Simpson Strong-Tie Customer Service.

Acceptance of Agreement

You are required to read this entry screen before proceeding. By pressing the Accept button or the Enter key and moving to the input screen, downloading the Program or opening the package or using the Program or the equipment that contains the Program you are acknowledging that you have read and have agreed to the terms of the program use indicated by this first screen and by the Important Information contained in the Program.

Usage of Program

The Simpson Strong-Tie Anchor Designer™ Software Program is a computer program for selecting Simpson Strong-Tie Products for use in construction applications. The Program should only be used by experienced professional designers. As a user of the Program, you are responsible for assuring the accuracy of your input to the Program. All output should be reviewed for accuracy by a qualified design professional before Product use. The Program’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.  During the installation of the Program or any Updates, we may collect information such as the Software Program version and build number, operating system information, memory and hardware information, screen resolution and DPI, color scheme and settings, computer name and registration information, Globally Unique Identifier (GUID), user account data and other information that is used for Program development and Updates, none of which is disclosed to any third parties.  For additional information, you should review the terms of the Company’s Privacy Policy at www.strongtie.com/privacy.html.

For help in running the Program, refer to the “read me” file and help messages made available in the Program. Information section. For important information not provided by this Program related to Products, Product use, warranties and more, refer to the latest version of the applicable Simpson catalog.  Before using Simpson Products, be sure to review the Important Information section regarding PRODUCT USE, INDEMNITY, NON-CATALOG AND MODIFIED PRODUCTS, LIMITED WARRANTY, and ALLOWABLE LOAD DETERMINATION METHODS. For technical support, call (800) 999-5099. See www.strongtie.com for the latest version and additional important information.