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TERMS AND CONDITIONS. THE NFC FrameSAFE™ program is LICENSED BY the National Framers Council (“NFC”), an authorized Council of the Structural Building Components Association, TO THE PURCHASER, FOR PURCHASER’S USE (as defined above), ONLY IN ACCORDANCE WITH THE TERMS SET FORTH BELOW.
THE PRODUCT DESCRIPTION. The FrameSAFE™ program includes one file each in a PDF format of the SAFETY MANUAL TEMPLATE and all available TOOLBOX TALKS and other supplementary materials as identified by NFC (the “Product”), to be printed in whole or in part, which allows for exact reproduction according to the documents’ original design contained within the Product. Note the License Agreement is for different quantities detailed as follows:
- The electronic version of the Document(s) will be supplied to: Purchaser in the form of PDF files.
- Copyright: Restrictions on Use and Transfer. The documents included in the Product are owned exclusively by NFC and are subject to copyright protection. PURCHASER AGREES TO MAINTAIN WORDING AND MEANING OF TEXT INCLUDED IN EACH DOCUMENT IN THE PRODUCT WHICH SHALL INCLUDE THE NOTATION OF PURCHASER WITHIN THE DOCUMENTS MAKING UP THE PRODUCT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. PURCHASER WILL ENSURE THAT ALL TEXT AND GRAPHICS REPRODUCED FROM DOCUMENTS IN THE PRODUCT ARE AS LEGIBLE AS THOSE ORIGINALLY SOLD IN PRINTED FORMAT BY NFC. PURCHASER TAKES RESPONSIBILITY FOR ENSURING THE ACCURACY OF TEXT EXCERPTED AND GRAPHICS REPRODUCED FROM THE PRODUCT. “Purchaser’s Use” shall mean the Purchaser’s printing and copying of the documents within the Product for the use by Purchaser in the course and scope of its business operations, the uploading of the documents within the Product to Purchaser’s website, distribution or posting of the documents within the Product for Purchaser’s customers, vendors, employees and subcontractors, and the dissemination of the documents within the Product to building officials and regulatory authorities; provided Purchaser’s Use shall not include the transfer or distribution of any part of the Product to third parties for such third parties’ use as its own safety or training program. ANY USE OF THE PRODUCT FOR OTHER THAN PURCHASER’S USE SHALL RESULT IN THE TERMINATION OF THIS LICENSE AND ANY FEES PAID SHALL BE FORFEITED.
- Pricing. The Fee Schedule in effect for the Product during the Term shall govern the price paid by Purchaser and is determined based on membership dues level. (See current Fee Schedule.)
- Payment: Payment is due from the Purchaser for the License Fee prior to receipt of the Product.
- No Warranties: NFC makes no warranties that Purchaser’s use of the Product materials will be error free or successful. NFC MAKES AND PURCHASER RECEIVES NO WARRANTY EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE. NFC SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Purchaser furthermore agrees that NFC’s liability is limited as set forth below in paragraph 6.
- Limitation of Liability. The Purchaser assumes sole responsibility for all use of the Product and agrees to indemnify and hold NFC harmless from any liability or claim of any person arising from such use. NFC shall not be responsible for any loss or damage arising out of, or in connection with, the use of the Product. NFC’s liability, if any, shall be limited to the paid License Fee for the Product that gave rise to the Purchaser’s claim. In no event shall NFC have any liability for lost profits or for any other indirect, special, incidental, consequential, or punitive damages.
- General. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas and the United States of America. This Agreement is the complete and exclusive statement of the agreement between NFC and Purchaser and supersedes any proposed or prior agreement, either oral or written, and any other communication including any purchase order terms or conditions between NFC and Purchaser relating to the subject of this Agreement. This Agreement may be modified or supplemented only by a written document signed by NFC and Purchaser. Questions or correspondence concerning this Agreement may be directed to:
NFC Member Services
2701 E. Grauwyler Rd.
Building 1, DPT#1026
Irving, TX 75061
Term. This product is licensed for one year, as outlined above (the “Term”).