READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) BEFORE OPENING THE PACKAGE, DOWNLOADING THE SOFTWARE PROGRAM OR USING THIS SOFTWARE PROGRAM OR THE EQUIPMENT THAT CONTAINS THIS PRODUCT. BY CLICKING ON THE “ACCEPT” BUTTON, DOWNLOADING THE SOFTWARE PROGRAM, OPENING THE PACKAGE OR USING THE SOFTWARE PROGRAM OR THE EQUIPMENT THAT CONTAINS THIS SOFTWARE PROGRAM YOU ARE AGREEING TO BE BOUND TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MUST RETURN THE ORIGINAL SOFTWARE PROGRAM AND RELATED DOCUMENTATION TO THE COMPANY AND DESTROY OR PERMANENTLY ERASE ALL COPIES OF THE SOFTWARE PROGRAM AND RELATED DOCUMENTATION. IN CASE THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREED/DO NOT ACCEPT” AND DO NOT DOWNLOAD THE SOFTWARE PROGRAM.
PLEASE REFER TO SIMPSON STRONG-TIE'S "EUROPEAN CONNECTOR" CATALOG FOR ALLOWABLE LOADS, 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.
LICENSE
Subject to the terms and conditions of this Agreement, Simpson Strong-Tie Limited ("Company") grants you a restricted, non-exclusive, royalty-free, personal, nontransferable, nonsublicensable right and license to use this copy of the European Connector Selector software program, consisting of the software program's executable file, its supporting files and accompanying documentation (hereinafter referred to collectively as "Program"), according to the terms of this license. No other right or license of any kind is granted by Company to you hereunder with respect to the Program.
USER INSTALLATION
You are permitted to (1) use the Program for internal, information purposes; (2) save a copy of Program to your computer's hard drive or other media; (3) use the Program for Tiedown System selection assistance; and (4) redistribute unmodified copies of the Program, without charge, to individual users, provided that all such users agree to the terms and conditions of this Agreement.
You may NOT (1) modify, translate, reverse engineer, decompile, disassemble, or create any Derivative Works based on the Program including any of its files, tables or documentation 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; (3) represent that the Program including any of its individual files, drawings or documentation are 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, or use the Program for production purposes; or (6) use the Program for any purpose other than in accordance with the terms and conditions of this Agreement. For purposes of this Agreement, “Derivative Work” shall mean a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work or that uses trade secrets or other proprietary information with respect to such preexisting work. The restrictions in (1) above shall not apply to the extent such actions cannot be prohibited under the Copyright, Designs and Patents Act 1988, as amended, because they are essential for the purpose of achieving inter-operability of the Program with another software program, and provided that the information obtained by you to achieve such interoperability is used only for the purpose of achieving inter-operability of the Program with another software program; is not unnecessarily disclosed or communicated without the Company’s prior written consent to any third party; and is not used to create any software which is substantially similar to the Program.
Company retains all right, title, interest in the Program including, without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Program and any portion thereof, including, without limitation, its individual files and documentation and any backup copy made by you regardless of the form or media in or on which the original or other copies may subsequently exist, any Derivative Work of the Program, and any Update. 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 the foregoing. 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 of the original or any backup copy.
LIMITED WARRANTY
THE COMPANY WARRANTS THAT ALL MEDIA PROVIDED TO YOU IN CONNECTION WITH THE SOFTWARE IS PROVIDED WITH FULL TITLE GUARANTEE, AND THAT THE PROGRAM, WHEN USED IN ACCORDANCE WITH THE DIRECTIONS PROVIDED BY THE COMPANY, WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH SIMPSON STRONG-TIE'S "EUROPEAN CONNECTOR" CATALOG. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE COMPANY SPECIFICALLY EXCLUDES AND DISCLAIMS (1) ANY IMPLIED WARRANTY OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS AND TERMS, INCLUDING THOSE IMPLIED BY STATUTE AND COMMON LAW. You acknowledge that the Program may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of this License. If you notify the Company of any claim under the above warranty, and such claim does not arise because of any breach by you of this Agreement, the Company shall, at its option, either repair or replace the Program, or provide you a refund of the amounts paid by you for the Program.
DISCLAIMER
THIS PROGRAM INCLUDING THE FILES, TABLES 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 JUDGEMENT. THIS PROGRAM IS INTENDED TO ASSIST WITH CONNECTOR SELECTION. YOU MUST CONFIRM ALL RESULTS BY REFERRING TO A CURRENT SIMPSON STRONG-TIE CATALOG. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE PRODUCTS ILLUSTRATED, 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 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 TIEDOWN SYSTEMS SELECTED BY USING THE PROGRAM.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMISSIBLE BY THE 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.
NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF LIMITING OR EXCLUDING COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS OWN INTENTIONAL ACTS OR NEGLIGENCE, THE COMPANY’S LIABILITY FOR FRAUDULENT MISREPRESENTATION OR THE COMPANY’S LIABILITY FOR ANY OTHER LIABILITY, IF AND TO THE EXTENT THAT THE SAME MAY NOT BE LIMITED OR EXCLUDED AS A MATTER OF THE APPLICABLE LAW. TERM AND TERMINATION
The license provided herein is effective until terminated. You may terminate this license at any time by destroying the Program and the permitted backup copy. 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.
INDEMNIFICATION
By accepting this Agreement you agree to 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, provided that this indemnification shall not apply to any personal injury or death caused by the Company’s negligence or to the Company’s fraudulent misrepresentation.
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.
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.
THIRD PARTIES
No terms of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
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
The construction, validity and performance of this Agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales, without reference to its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded. The parties hereby submit to the exclusive jurisdiction of the English courts.
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.
USAGE AGREEMENT
You are required to read this entry screen before proceeding. By hitting 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.
The European Connector Selector is a computer program for selecting Simpson Strong-Wall Tiedown products for wood frame connections. The program should only be used by experienced designers in wood frame construction. As a user, you are responsible for assuring the accuracy of your input to the program. All output should be reviewed for accuracy before product use by a qualified design professional. The program's product selection must include a thorough review of the latest version of the Simpson catalog to insure appropriate selection and product application.
For help in running the program, refer to the “read me” file included with this distribution and to the help messages made available in the program. For important information not provided by this program related to products, product use, warranties and more, refer to the latest version of Simpson Catalog C-2001. 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 engineering support, call +44 1827 255600. See www.strongtie.com for latest version.
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