IMPORTANT NOTICE: BY USING THIS PROGRAM, YOU WILL INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSING AGREEMENT. IT IS IMPORTANT THAT YOU READ THE ENTIRE AGREEMENT BEFORE DOWNLOADING THIS PROGRAM. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THIS PROGRAM. ADDRESS YOUR CONCERNS TO THE AMERICAN CONCRETE PIPE ASSOCIATION, INFO@CONCRETE_PIPE.ORG.
Ownership of Program
Ownership of this program is retained by the American Concrete Pipe Association. It was not transferred in any manner to the licensee. This program is licensed to you, subject to the terms and conditions stated in this agreement. Failure to comply with any of the terms and conditions stated in this agreement will automatically terminate this agreement, in which case all disks and other materials must be immediately returned to American Concrete Pipe Association.
American Concrete Pipe Association specifically retains all rights not expressly granted to the licensee, and does not waive any rights under federal or state law, or under copyright statutes of the United States.
The licensee is expressly allowed to load this program on an unlimited number of computers.
The licensee is expressly prohibited from modifying, amending or otherwise altering this program. Creation of derivative works is expressly prohibited.
The user of this software assumes sole responsibility for decisions made with the assistance of this software, and must exercise the highest standard of care and independent judgment in analyzing and checking conclusions reached with the assistance of this software.
American Concrete Pipe Association warrants that the disks on which the software is distributed, and the documentation are free from defects in materials and craftsmanship. The Association also warrants that the software will substantially conform to specifications supplied. American Concrete Pipe Association will replace defective disks or written materials or correct substantial software errors. These are the only remedies available to the licensee for breach of warranty.
Except as described in the paragraph immediately above, AMERICAN CONCRETE PIPE ASSOCIATION MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, THE DISKS OR ANY OTHER MATERIALS, INCLUDING THEIR QUALITY, PERFORMANCE, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The user is made specifically aware that software is exceptionally complex by its nature, and the possibility of errors in the software exists. Therefore, the user understands his responsibility to exercise independent professional judgment and to independently verify all conclusions, answers and recommendations. IN NO EVENT WILL AMERICAN CONCRETE PIPE ASSOCIATION BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE AND ANY OTHER OF THESE MATERIALS. AMERICAN CONCRETE PIPE ASSOCIATION WILL NOT BE LIABLE IN ANY MANNER FOR THE INABILITY OF THIS SOFTWARE TO BE USED ON ANY ENGINEERING PROJECT.
In no event will American Concrete Pipe Association be liable for any damages, including but not limited to lost profits, lost revenues, loss of data, damage to equipment, loss of use, cost of substitute software or claims of third parties.
THIS LIMITED WARRANTY AND THE REMEDIES DESCRIBED IN THESE PARAGRAPHS ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL, WRITTEN, EXPRESS OR IMPLIED. No person, company, representative, agent or other person or entity has the authority to add to, modify or restrict this warranty in any way.
Some states do not permit the limitation or exclusion of implied warranties. Limitation of liability for incidental or consequential damages may also be restricted. As a result, some of the limitations or exclusions contained in this warranty may not apply to certain users.
Advice and Assistance
Local American Concrete Pipe Association producer members are available for reasonable consultation about this software, its uses and applications, prohibitions on its use, suggestions for its operation and the meaning and limitations of this licensing agreement.