FSi Engineers (FSi) agrees to provide electronic information subject to the following terms and conditions. Possession of the electronic information is evidence of recipient’s acceptance of, and agreement with, these restrictions:
- Due to the potential that electronic information can be modified unintentionally or otherwise, FSi reserves the right to remove all indices of its ownership, name, and/or involvement from electronic information not in its possession.
- The use of this electronic information is restricted to the original site and project for which it was prepared. The information is proprietary and is to be used only as an aid toward the successful completion of this project by the recipient person and/or company. FSi has provided the electronic information solely for your convenience. This does not eliminate or reduce your responsibility to verify any and all information relevant to your work and responsibility on this project. Recipient shall have 30 days from receipt of the electronic information to verify compatibility, readability and appropriateness for use: FSi shall not be responsible for translation errors and does not agree to maintain the electronic information beyond this time period, nor to translate or reconfigure the electronic information. If errors or discrepancies are discovered, please notify our office in writing immediately. Drawings shall not be interpreted to be true scale documents of the proposed work, nor shall they be utilized for fabrication. If the electronic information is being altered as part of an effort to generate as-built drawings, FSi accepts no liability and/or responsibility for the accuracy of such as-built documents. Material prepared from the electronic information shall not be used for other projects, or be transferred to any other party or entity for use on this or other projects. Reuse or reproduction of the electronic information, data or documents prepared from, by or with this electronic information for any other purpose or party for which the material was not strictly intended, is prohibited, as FSi retains all copyright and other legal interest in the material. In addition, all drawing information contained in the electronic information including, but not limited to, symbol libraries, blocks, details, etc. may not be reproduced, sold, distributed or utilized in any form on any other project or by anyone else.
- Recipient recognizes that information stored on electronic information, including, but not limited to, information contained in an e-mail or on a computer disk prepared by FSi, may not be 100% compatible with their own computer system due to differences in computer hardware and software, or may be subject to translation errors. In addition, recipient recognizes that designs, plans and data stored on electronic information, including but not limited to information contained in an e-mail or on a computer disk, may be subject to undetectable alteration and for uncontrollable deterioration. If, for any reason, a conflict occurs between information contained in the electronic information and stamped, signed documents, the information on signed or stamped documents shall govern.
- In light of the foregoing, the recipient recognizes and acknowledges that the use of such electronic information will be at their sole risk and without any liability or legal exposure to FSi. No warranties of any nature, whether express or implied, shall attach to the electronic information or the information contained thereon. Furthermore, recipient hereby releases and shall, to the fullest extent permitted by law, defend, indemnify and hold harmless FSi from any and all claims, damages, losses and expenses (“Claims”) including attorney’s fees arising out, or resulting from the use of such electronic information, including, but not limited to, Claims involving the completeness or accuracy of any data or information contained therein.
- Notwithstanding FSi’s agreement to provide electronic information pursuant to this Agreement, nothing shall be construed to create contractual privity or benefit between recipient and FSi consulting engineers except as is necessary for FSi to enforce these express, limited terms and conditions.
- Use of any information or data in the electronic information signifies your acceptance of the above statements without exceptions and/or modifications.