Electronic Media Policy
Weber Thompson PLLC agrees to provide electronic information to recipient, subject to the following terms and conditions. Possession of the electronic information is evidence of recipient's acceptance of, and agreement with, these restrictions:
1. Due to the potential that electronic information can be modified unintentionally or otherwise, Weber Thompson PLLC reserves the right to remove all indices of its ownership, name, and/or involvement from the electronic information.
2. 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. Weber Thompson PLLC has provided the electronic information solely for recipient's convenience. This does not eliminate or reduce recipient's responsibility to verify any and all information relevant to recipient's 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: Weber Thompson PLLC 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, notify Weber Thompson PLLC in writing immediately. Drawings shall not be interpreted to be true scale documents of proposed work, nor shall they be utilized for fabrication unless written approval is first obtained by Weber Thompson PLLC. If the electronic information is being altered as part of an effort to generate shop drawings, as-built drawings, or building information modeling or other digital representations, Weber Thompson PLLC accepts no liability and/or responsibility for the accuracy of such documents. Material prepared from the electronic information shall not be used for other projects, or be transferred to any other person 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, and Weber Thompson PLLC retains all intellectual property and other legal interest in the material. No drawing information contained in the electronic information including, but not limited to, symbol libraries, blocks, details, etc. may be reproduced, sold distributed or utilized in any form on any other project or by anyone else.
3. Recipient recognizes that electronic information may not be 100% compatible with their own computer system due to differences in computer hardware or software, or may be subject to translation errors. In addition, recipient recognizes that electronic information may be subject to undetectable alteration with/or 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.
4. In light of the foregoing, the recipient recognizes and acknowledges that the use of such electronic information will be at recipient's sole risk and without any liability or legal exposure to Weber Thompson PLLC. 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 Weber Thompson PLLC from any and all claims, demands, damages, losses and expenses ("Claims") including attorney's fees arising out of, 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.
5. Notwithstanding Weber Thompson PLLC's agreement to provide electronic information pursuant to this Agreement, nothing shall be construed to create contractual privity or benefit between recipient and Weber Thompson PLLC except as is necessary for Weber Thompson PLLC to enforce these express, limited terms and conditions.
6. Use of any information or data in the electronic information signifies your acceptance of that above conditions and statements without exception and/or modification.
7. Recipient acknowledges and represents that he/she is executing this Agreement after having received full legal advice, and hereby warrants that he/she has the right and authority to execute this Agreement. This Agreement incorporates and supersedes any and all prior understandings, contains the entire agreement between the Parties, and shall be binding upon and inure to the benefit of the representatives, successors and assigns of each.