The technology that is being licensed under this agreement should only be used by a professional engineer.
LICENSEE understands and agrees that the technology that is being licensed under this agreement (Licensed Technology) is general and may require different inputs because site specific conditions vary including the soil and water conditions, soil bearing capacity, global stability, type of backfill and compaction of backfill, differential settlement, soil and earth pressures, loading conditions and environmental and site conditions above and below the surface.
In developing the final design and construction plan, a registered professional engineer retained by LICENSEE (or owner or contractor) for the project may be required to use other design parameters and information that differ from that contained in the Licensed Technology and may require other or different assumptions, judgment, inspections, tests and analysis that is site-specific in arriving at a final design for the project.
Industrial Fabrics, Inc. and any and all of its affiliates, officers, directors, employees, and/or its insurers are not responsible and assume no liability based upon LICENSEE'S use of the Licensed Technology for any designs or construction related to any specific project where the Licensed Technology is used.
The sole purpose of the Licensed Technology is to assist other engineers in their review of Industrial Fabrics, Inc.'s proprietary system or products. The Licensed Technology is not intended to be used for producing a final design by a registered professional engineer hired by a LICENSEE, owner, or contractor.
It is the sole responsibility of LICENSEE to obtain and input accurate site-specific data and information, and to review and verify whether the computed results are correct before and during use of the design in construction. Settlement and other site-specific factors are not part of the considerations in the computations resulting from the Licensed Technology.
By agreeing to the terms of this Agreement and using of this Licensed Technology, LICENSEE agrees to assume all risks and liability arising out of or in connection with such use or reliance on the Licensed Technology.
LICENSEE agrees to defend, indemnify, and hold harmless Industrial Fabrics, Inc. from any claims or lawsuits asserting any losses, damages, injuries, expenses. cause of action or other liability arising out or in relation to the use of the Licensed Technology regardless of whether the claims or lawsuits are alleged to arise out of or caused by the negligence or fault of Industrial Fabrics, Inc.