Kukurin Contracting, Inc. (KCI)
STANDARD AGREEMENT REGARDING
ELECTRONIC FILES

In consideration of a request for data, information and/or documents that THE DESIGN ENGINEER has created, prepared, saved, stored, or maintained in machine readable or electronic form ("ELECTRONIC FILES"), KCI and THE DESIGN ENGINEER requires, as a condition to providing, releasing, or allowing the release of ELECTRONIC FILES, that all proposed, intended and actual recipients (collectively, "USERS") of ELECTRONIC FILES agree to the TERMS AND CONDITIONS set forth below. The party, on whose behalf this Agreement is executed below, warrants that the consideration for this Agreement is adequate and that it will not provide or permit access to ELECTRONIC FILES, or any data, information or documents derived therefrom, to any person or entity, including any USERS, until and unless such USERS have agreed in writing to be bound by each and all of the following TERMS AND CONDITIONS:

TERMS AND CONDITIONS

1. THE DESIGN ENGINEER retains all of its intellectual property rights, including copyrights, in the ELECTRONIC FILES and their content. Any copying or use of ELECTRONIC FILES, or their content, in violation or derogation of THE DESIGN ENGINEER intellectual property rights is strictly prohibited.

2. USERS acknowledge and knowingly and voluntarily accept all risks associated with the creation, opening, downloading, translation, transmission, sharing, copying, transfer, and/or use of ELECTRONIC FILES, including, but not limited to the following risks: a.) ELECTRONIC FILES may be infected, infested or contaminated and may cause serious harm to the work of USERS and others and to the computers, servers, and other systems of USERS and others; b.) data contained in ELECTRONIC FILES may be obsolete, incomplete, uncoordinated, superseded, unfit, unfit for intended or desired purposes, erroneous, inaccurate and/or defective; c.) inaccuracies in the ELECTRONIC FILES and/or the data, information and documents contained therein may be introduced in the creation, opening, downloading, translation, transmission, sharing, copying, transfer, and/or use of ELECTRONIC FILES; d.) software, hardware, accessories, programs and systems used to create, open, download, translate, transmit, share, copy, transfer and/or use ELECTRONIC FILES may be incompatible and may cause harm to the ELECTRONIC FILES, the data, information and documents contained therein, to the work of USERS and others and to the computers, servers, and other systems of USERS and others; e.) data, information and documents in ELECTRONIC FILES may be incorrect, misleading, and/or concealed in layers that are hidden or unopenable; and f.) there are other risks and consequences, known and unknown, foreseeable and unforeseeable, associated with ELECTRONIC FILES that are not associated with or attributable to the use of data, information and documents in hard copy or original forms. USERS accept all of the risks referenced herein, including those identified with specificity and those characterized in broad and general terms and agree to release, defend, indemnify and hold harmless KCI, and THE DESIGN ENGINEER its partners, employees, consultants and all of their heirs and successors from all liabilities, damages, claims, losses, costs, fees (including reasonable attorney fees), awards, and judgments ("LIABILITY") that may be alleged, suffered or incurred on account of, arising out of, or relating to, the ELECTRONIC FILES, including all LIABILITY relating to or arising out of the risks, or any of them, referenced herein.

3. No warranties or guarantees, express or implied, including as to fitness, fitness for a particular purpose, freedom from defects, accuracy, reliability, or usefulness are extended in connection with the ELECTRONIC FILES, their use or their content and KCI and THE DESIGN ENGINEER, expressly waive all rights to assert any claims sounding in warranty, contract or tort, against, its partners, its consultants and the employees and heirs of all of them in connection with, arising out of, or relating to the ELECTRONIC FILES, their use or their content.

4. Any and all use, including modifications and adaptations, of USERS' ELECTRONIC FILES and/or their contents for projects, other than the Project for which the ELECTRONIC FILES were created, is strictly prohibited.

5. Neither ELECTRONIC FILES nor their contents shall be shared with, made available to or distributed to any person or entity unless such person or entity first has agreed in writing to be bound by each and all of these TERMS AND CONDITIONS.

6. THE DESIGN ENGINEER AND KCI reserves all rights to modify ELECTRONIC FILES and the contents thereof, without any notice to USERS.

7. USERS acknowledge that KCI. will suffer irreparable harm if this Agreement or the TERMS AND CONDITIONS are violated or breached by USERS, including anyone coming into possession of ELECTRONIC FILES, directly or indirectly, through USERS. Accordingly, USERS consent to jurisdiction in equity and to injunctive relief in the event of an actual or threatened violation of the TERMS AND CONDITIONS.

8. These TERMS AND CONDITIONS shall not be modified, or construed to have been waived or modified, except by a writing executed by USERS and KCI that explicitly refers to these TERMS AND CONDITIONS and specifies the particular paragraph number(s) and the particular modification(s) and/or waiver(s) that have agreed upon between the parties.

 

 

IF YOU AGREE TO THESE TERMS AND CONDITIONS CLICK HERE TO ACCESS OUR PLANROOM

Contact Us

Phone: 724-325-2136
Address: 1169 Route 286, Export, PA 15632