You and the entity you represent, (hereinafter “RECIPIENT”) are reading this because you have been directed to this website after receiving Electronic Documents/Data from J-U-B ENGINEERS, Inc. or its affiliated companies (hereinafter “J-U-B”) either: 1) directly from J-U-B, or 2) through an authorized Client of J-U-B. “Electronic Documents/Data” are defined as any electronic file in any format, including e-mail. The RECIPIENT’S use of the Electronic Documents/Data constitutes acceptance of the following conditions of this Electronic Documents/Data Limited License.
1. Reuse License. RECIPIENT acknowledges and agrees that J-U-B owns all rights, title and interest in the information in the Electronic Documents/Data and all proprietary and intellectual rights in and to such information, including without limitation, copyright and trade secret rights. J-U-B grants to RECIPIENT a nonexclusive, non-transferable license to use Electronic Documents/Data in compliance with the terms and conditions of this Agreement.
2. Reuse Restrictions. This license and use of the Electronic Documents/Data is restricted to the original site and Project for which it was originally prepared, and shall not be used for other projects or sites. Except for intended use on the Project, the RECIPIENT has no right to modify or sublicense the Electronic Documents/Data. Reuse or reproduction of the Electronic Documents/Data for any purpose not originally intended by J-U-B is prohibited.
If the Electronic Documents/Data include files to be used in the RECIPIENT’s Geographic Information System (GIS), J-U-B grants the right to the RECIPIENT to allow third-party access to the data for purposes of GIS system operations and maintenance as well as review by the public as allowed in the RECIPIENT’s GIS program.
3. Reuse Limitations. RECIPIENT acknowledges that the Electronic Documents/Data may not be compatible with their own computer system and may be subject to translation errors or undetectable alteration or deterioration. Because the Electric Documents/Data are in electronic format, significant difference may exist between the Electronic Documents/Data and corresponding hard copy contract documents. J-U-B makes no representation regarding the accuracy or completeness of the Electronic Documents/Data. If, for any reason, a conflict occurs between the Electronic Documents/Data and corresponding hard copy contract documents, the hard copy contract documents shall govern.
If the Electronic Documents/Data include files to be used in the RECIPIENT’s GIS, the accuracy of said GIS files is limited to the accuracy and tolerances of the data used to create said files and information provided by others. The GIS data, therefore, shall not be considered an accurate representation of actual field conditions for many purposes including, but not limited to, planning, design, construction, or system operation.
J-U-B SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE ELECTRONIC DOCUMENTS/DATA WILL BE UNINTERRUPTED OR ERROR FREE.
4. Release of Liability/Indemnification. Neither J-U-B nor its agents shall be liable for any damages arising out of the use or misuse of the Electronic Documents/Data, nor for any claim of any kind or nature, including J-U-B’s negligence, arising out of or in any way related to the use or misuse of the Electronic Documents/Data, whether such claim is based in contract, negligence or otherwise.
Further, RECIPIENT hereby releases and shall, to the fullest extent permitted by law, defend, indemnify and hold J-U-B harmless from any and all claims, damages, losses and expenses (“claims”) including attorney fees, arising out of or resulting from the use or misuse of the Electronic Documents/Data, including but not limited to, claims involving the completeness of accuracy of the Electronic Documents/Data.
J-U-B SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY ELECTRONIC “VIRUS,” “ADWARE” OR “MALWARE” OR ANY FAILURE OF PERFORMANCE RESULTANT FROM USE OF THE ELECTRONIC DOCUMENTS/DATA.
5. E-mail Limitation. If you were directed here through an e-mail and the e-mail contained Professional Design Information, Recommendations, Maps, or GIS Database, those are “draft” documents unless explicitly stated otherwise in the e-mail text.