Terms and Conditions of Release, Transfer, and Use of Digital Files through the BL Companies, Inc. FTP Site
July 7, 2016
Required consent to Terms and Conditions by all users of digital files:
By any opening, copying, reading, viewing, or any other use of the referenced, attached or enclosed digital files, all users of those digital files shall be deemed to have:
• Read, understood, accepted, agreed and consented to the following terms and conditions, intending to be legally bound thereby,
• Represented that such users are authorized to do so on behalf of such entity or organization,
• Done so for themselves individually and for any entity or organization by which such users are employed, and
• Agreed to impose identical terms and conditions upon any and all subsequent users, recipients, or transferees of the digital files that the user provides access to.
This document sets forth certain mandatory terms and conditions governing the release, transfer, and use of digital files from BL Companies, Inc. (hereinafter “Terms and Conditions”).
Please note that the posted documents represented by the attached or enclosed digital files may not be the most current for the intended use. It is the responsibility of the user to confirm with BL Companies whether the documents are the most current for the intended use.
1. SEALED PAPER PRINTS GOVERN AS ORIGINALS: The original documents are and shall be deemed to be the instruments of service by and the “work product” of BL Companies from which the files that are being released or transferred are derived and represent. As such, the digital files are copies or duplicates and are not documents for which BL Companies shall be professionally responsible.
2. PERMITTED USES, RESTRICTIONS, AND PROHIBITIONS:
a. Release and Transfer Not A Sale: These digital files are being released and transferred for the convenience of the project or at the direction of BL Companies’ client or your request. Under no circumstances shall the release or transfer of the drawings or the digital files or any other instruments of service or digital media be deemed to be a sale of those items by BL Companies, regardless of whether or not any payment or other consideration was exchanged, as a reimbursement of costs incurred, or otherwise. BL Companies shall and does retain all rights, title, interests, ownership, and copyrights of the digital files released and transferred that were prepared by or under the direction of BL Companies, including the specific media and those files now being released and transferred, and all subsequent copies of those digital files or derivative files or works, regardless of the format or media in or on which those files now being released and transferred and any other copies of those files may exist.
b. Modification and Reuse: BL Companies hereby expressly prohibits, and cannot and does not assume any responsibility or liability for, any modifications or reuse by others to such digital files, without BL Companies’ prior consent. These Terms and Conditions and this release and transfer do not constitute any such written consent or verification.
c. Copyright Restrictions: The digital files hereby released and transferred and the accompanying written materials are copyrighted. Unauthorized copying is expressly strictly forbidden. You may be held legally responsible for any copyright infringement that is caused, aided, or encouraged by your failure to comply with these Terms and Conditions.
d. Prohibition Against Use On Other Projects: The recipient of these digital files shall not use or permit any other person to use any of the data contained in these digital files on any other project other than the one identified in those files.
3. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY, AND INDEMNIFICATION, ETC.:
a. Disclaimer of all warranties: The digital files are released and transferred “as-is”. BL Companies makes no warranty or warranties, and all warranties of any kind, expressed or implied, are hereby disclaimed, with
respect to the digital files released or transferred, including but not limited to their quality, performance, merchantability, fitness for a particular purpose, or fitness for any purpose.
b. Limitation of Liability: In no event shall BL Companies be liable for any direct, incidental, indirect, special, or consequential damages in connection with or arising out of the existence, furnishing, use by anyone, or any failure, of the digital files released or transferred.
c. Indemnification: To the fullest extent allowed by law, the recipient and each user of the digital files released or transferred hereby agrees to indemnify, defend, and hold harmless BL Companies from any damage, liability, or cost, including reasonable attorney’s fees and costs of defense, arising from or claimed to arise from, changes to, additions, or modifications of any type to the BL Companies work product, made by anyone other than BL Companies, or from any reuse of the digital files released and transferred.
4. PRECAUTIONARY NOTES:
a. Electronic Format / Transmission: Please note that due to the risk of transmission difficulties, and/ or application program and file compatibility problems, etc., the integrity and format of the attached or enclosed files as received by you is not guaranteed. By using the attached files, you assume the sole risk of any such errors or inconsistencies. Converting digital files from various programs, including but not limited to, Autodesk associated programs, such as Autocad DWG file base, to Bentley Microstation DGN file base or from Bentley Microstation DGN file base to the Autodesk Autocad DWG file base may result in anomalies in the digital content. Backwards compatibility of saved software files from a higher version to a lower version may also result in anomalies in the digital content. Because of the nature of some of the software being version specific, such as Autodesk Revit, it is up to the end user to have the matching software version, configuration and add-on packages (service packs, updates, plotter tables etc.) used to create the files to correctly access and utilize the downloadable information. Both Autodesk and Bentley based files may have content, such as layers and external references, turned on or off which may result in anomalies in the downloaded content which will require the end user to manage the information after downloading any content. This understanding is also extended to any Adobe and Bluebeam PDF formats along with any of the Microsoft Office Suite of programs and files. BL Companies is not responsible for anomalies that may be the result of supplying any of the associated data presented for download due to the above listed or similar circumstances. Prior to use, these digital files should be compared and verified with the paper format (“hard copy”) prints, which either have been or are being forwarded, or which will be made available upon request.
b. Risk of Deterioration: Data stored on electronic media can deteriorate or be modified without the knowledge or consent of BL Companies. Any use or reuse of these digital files or information derived therefrom is at the user’s sole legal responsibility.
c. Raster-Type Image Limitation: Some of the attached or enclosed digital drawing files may have been “scanned” from a paper print or Mylar original as a “raster” type image or similar, and as such are not CAD files. Any distances and other dimensions that are taken from those portions of the drawing are subject to variation, should be regarded as approximate only, and should not be relied upon as precise measurements without further confirmation.
d. Do Not Scale: Dimensions shall not be “scaled” or obtained by any graphical means from the digital files hereby released and transferred, or the drawings that such files represent, either in digital or paper formats or media. Only expressly shown or “called” dimensions are to be used. BL Companies shall not be responsible for any misuse or violation of this provision.
e. Not All Objects Shown To Scale Or In Exact Location Due To The Use Of Symbols And Line Types On Plans: Users are cautioned that the size of some objects (such as but not limited to curb lines, inlets, etc.) may be emphasized or exaggerated or symbolic only for clarity or illustration. The user shall contact BL Companies to ascertain and confirm any such instances before relying upon or using these drawings in any way, such as but not limited to construction and fabrication, etc.
5. SEVERABILITY: In the event that any of these Terms and Conditions are found or held to be invalid, void, or unenforceable in any manner by a court of competent jurisdiction, then all of the other Terms and Conditions shall nevertheless remain in full force and effect.
Please contact BL Companies before any opening, copying, reading, viewing, or any other use of the attached or enclosed digital files if you have any questions about these Terms and Conditions, encounter any difficulties, or if we can be of further assistance with regard to the files or this project.