At users request, we are herewith transmitting certain information, documents, drawings, specifications or other data in electronic format (hereinafter collectively referred to as "files"). User requested that we transmit the attached files for the specific purpose of users individual use in fulfilling contractual duties and obligations with respect to the corresponding project, which is the subject matter of transmitted files.

1. The files transmitted are the exclusive property of Gebau Engineering Inc. ("Engineer").
2. The files transmitted herewith and all data, both background and foreground, are protected by common law and statutory rights, including copyright protections, rendering unauthorized copying or use, including the preparation of derivative works, a violation of applicable law and strictly prohibited.
3. The files transmitted are not products but are Engineer’s instruments of professional service. The provision of these files is not a sale. Engineer makes no warranty express or implied regarding the files or any of the data on the files, including warranties of merchantability or fitness for a particular purpose.
4. Engineer takes reasonable precautions with regard to the protection of its electronic data but makes no warranty or representation regarding accuracy, the existence of viruses, or other harmful components.
5. The proper use and application of the transmitted files requires specialized knowledge, skill, training, and experience. Engineer is not responsible for any operator error or misinterpretation of the data. Engineer shall have no obligation to correct any errors in the files or to maintain the files.
6. Engineer does not warrant that the transmitted files contain all applicable or relevant data and further expressly states that certain data may be superceded. Engineer shall not be responsible for your reliance upon file data, including but not limited to data which is superceded and shall have no duty or obligation to advise of any changes to the file and does not warrant the data to be accurate, reliable or error-free; or that errors will be corrected.
7. Engineer does not warrant that the files are suitable for a particular use and user assumes full responsibility for determining the appropriateness of the data provided for application to the use.
8. Engineer makes no representation as to compatibility of the files with either hardware or software of user.
9. The use or posting of the files on any web site or networked computer environment is prohibited.
10. Engineer does not warrant the archival ability of the files or that software or hardware capable of retrieving the data will be available at Engineer or elsewhere for any given period of time following the transmission of the files.
11. By your use of these files user is in no way relieved of duty to fully comply with contract, and the construction documents, including without limitation, where applicable, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate all dimensions and details, take field measurements, verify conditions and your work as necessary with others.
12. The maximum right or interest conveyed with the transmission of these files is a restricted, non-exclusive license to utilize the file solely and exclusively for the purpose stated above and for no other purpose whatsoever.
13. It is a material term of the license hereby granted that user agrees to each of the foregoing terms and further agrees to make no claim against and to release, indemnify, defend and hold harmless Engineer and its officers, directors, shareholders, employees, agents, successors, and assigns of and liability, cost, damage (whether actual, consequential, punitive or otherwise), suit or expense (including reasonable attorney fees) associated with use of the files and the exercise by you in any manner of the license hereby granted.
14. This agreement is governed by and shall be construed in accordance with the laws of the State of Colorado, and where applicable, the copyright of the laws of the United States of America.
15. If any term or provision hereof shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provision.
16. The terms, condition and provisions hereof have been reviewed and adopted by the Board of Directors of Gebau, Inc. and may not be modified either verbally or in writing without action by and approval of the Board.

 

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