Industrial Fabrics, Inc's (“IFI”) liability is limited in accordance with the Terms of Use and this Waiver.
Use of the IFI's software and any output generated by the software is subject to LICENSEE accepting and complying with the following conditions ( "IFI's Waiver").
The use of IFI's software and any output generated is solely for the purposes of using IFI's geogrids and in accordance with the Terms of Use. The suitability of the software output and IFI's geogrids for any project is the sole responsibility of LICENSEE and LICENSEE's employees, contractors or other third parties who access the IFI software and its output ("LICENSEE's Associates"). IFI's software output is merely illustrative and is not intended to be a detailed design or a final design for any project. LICENSEE is required to ensure that it and LICENSEE's Associates have undergone all necessary training and/or have the necessary expertise and experience to use IFI's software and its output correctly for every project. IFI is not responsible for use of or input into IFI's software or its output regardless of how a LICENSEE or LICENSEE's Associates are trained or use the software.
LICENSEE shall be liable to IFI for all losses and damages incurred or suffered by IFI or third parties resulting from the violation of LICENSEE's and LICENSEE's Associates' obligations in their use of IFI's software or its output.
Copyright of IFI's software and its output is owned by IFI. It may not be reproduced in whole or in part without the prior written permission of IFI except to LICENSEE and LICENSEE's Associates provided it is only disclosed for the purpose of evaluating the commercial application for the use of IFI's geogrids, and LICENSEE is fully liable for LICENSEE's Associates' acts or omissions in the use of IFI's software and its output. IFI's software output is not intended to and does not create a contract in whole or in part with IFI. LICENSEE uses IFI's software and its output at its sole risk and assumes all liability associated with use of the software and its output.