Price Revit Smart Parts Legal Disclaimer

1. Grant of License for Registered Users

2. Ownership
3. Copyright
4. Restrictions
5. Disclaimer of Warranty
6. Limitation of Liability
7. Applicable Laws
8. Successor Agreements
9. Termination
10. Severability
1. Grant of License for Registered Users
E.H. Price Limited ("Price") grants you, a non-exclusive, non-transferable licen
se to use the Building Information Model as same may from time-to time be
modified, updated or revised by Price (the "Model") with which this license is d
istributed, provided that: (i) the Model is NOT modified; (ii) all
copyright notices are maintained on the Model; and (iii) you agree to be bound b
y the terms of this License Agreement on behalf of you and your employees,
if any.
2. Ownership
You and your employees, if any, have no ownership rights in the Model. Rather, y
ou have only a license to use the Model as long as this License Agreement
remains in full force and effect. Ownership of the Model and all intellectual pr
operty rights therein shall remain at all times with Price. Any other use
of the Model by any person, business, corporation, government organization or an
y other entity is strictly forbidden and is a violation of this License
Agreement.
3. Copyright
The Model contains material that is protected by Canadian Copyright Law and trad
e secret law, and by international treaty provisions. All rights not granted
to you herein are expressly reserved by Price. You may not remove any proprietar
y notice of Price from any copy of the Model.
4. Restrictions
You may not reverse engineer, decompile, translate, adapt, or disassemble the Mo
del, nor shall you attempt to create the source code from the object code
for the Model. You agree to use the Model and the information contained therein
for the sole purpose of building, designing, or engineering architectural
structures incorporating heating, ventilation and air conditioning products manu
factured by Price and/or its related, affiliated or subsidiary companies
and not for the purposes of developing other Building Information Models or sell
ing, supplying or otherwise representing the products of any other
manufacturers.
5. Disclaimer of Warranty
Use of the model is at your own risk. Price supplies the model together with all
information contained therein, including without limitation, Product
Specifications and Performance, For Information Purposes Only and on an "As Is",
"Where Is", basis without warranty of any kind, either express, Implied or
statutory, including, but not limited to, the implied warranties or conditions o
f merchantability, Fitness for a particular purpose, Accuracy and
non-infringement. Price makes no warranty that the model is accurate, timely or
error-free, the results that may be obtained from the use of the model will
be reliable or meet your expectations or that any errors in the model will be co
rrected. This disclaimer of warranty constitutes an essential part of this

agreement.
6. Limitation of Liability
(1) In no event will Price, or any of its related, affiliated or subsidiary comp
anies or their respective officers, directors and employees (collectively
"protected parties") be liable to you or any third party for any incidental or c
onsequential damages (including, without limitation, indirect, special,
punitive, or exemplary damages for loss of business, loss of profits, business i
nterruption, or loss of business information) arising out of the use of or
inability to use the model, or for any claim by any other party, even if price h
as been advised of the possibility of such damages.
(2) By making the model available for use, Price and the other protected parties
do not render professional services and assume no duty to any person or
liability hereunder for, and shall have no obligation to defend you, your employ
ees, if any, or any third party or to pay costs, damages or attorneys' fees
for any claim arising from (I) Any method, process, project, application or inst
allation for which the model may be used by you, your employees or any
third party; (II) Any results of using the model; (III) Any use of other than a
current unaltered version of the model; or (IV) the combination, operation
or use of the model with any materials not licensed hereunder.
(3) The model, together with the information contained therein, including withou
t limitation, Product Specifications and Performance, are supplied for
information purposes only and are not a substitute for professional engineering
services or evaluation of the specific project, application or installation
being considered. Price recommends that a qualified professional engineer always
be engaged for the final design and evaluation of any project, application
or installation. In all cases such engineer and not the protected parties is res
ponsible for the final design and performance of the applicable project,
application or installation.
7. Applicable Laws
The laws of the Province of Manitoba and the laws of Canada applicable therein w
ill govern this License Agreement, without reference to conflicts of law
principles. You and Price hereby submit to the jurisdiction of, and waive any ve
nue objections against, the provincial and federal courts in the Province of
Manitoba. The foregoing shall not preclude Price from seeking any injunctive rel
ief in any local, provincial, territorial or federal courts for protection
of its intellectual property rights or for the enforcement of any of the terms o
f this License Agreement as same may be amended from time to time.
8. Successor Agreements
(1) The terms and conditions contained in this License Agreement may be changed
at any time in the future by Price. In such case, and when appropriate, we
will obtain your consent prior to the new terms and conditions going into effect
.
(2) In most cases, we will provide you with an on-line pop-up window notice info
rming you that changes have been made to the terms and conditions and will
provide you with an active link, or inactive URL address, that you can use to vi
ew a Web Page containing the revised terms and conditions (or leading you to
the said revisions). Price will always post its most recent License Agreement on
its Web Site which can be accessed at www.price-hvac.com.
(3) You agree that after receipt of such change notice, you consent to Price's r
evised terms and conditions unless you uninstall and discontinue use of all
copies of the Model in your possession or under your control. Failure by you to
uninstall and discontinue use of all such copies of the Model will be
deemed an acceptance of the terms and conditions or Price's most current License
Agreement for which you have given your consent, or for which you have
been given notice, as appropriate.
9. Termination

This License Agreement is effective until it is terminated. You may terminate th

is License Agreement at any time by destroying and discontinuing use of all
copies of the Model in your possession or under your control. Price may terminat
e this License Agreement for any reason, without notice. This License
Agreement will terminate automatically if you violate any of the terms of this L
icense Agreement. Upon termination, you agree to destroy and discontinue
use of all copies of the Model. All provisions relating to confidentiality, prop
rietary rights, and non-disclosure shall survive the termination of this
License Agreement.
10. Severability
If any provision or provisions hereof shall be held to be invalid, illegal or un
enforceable, same shall be severed from this License Agreement and the
validity, legality and enforceability of the remaining provisions shall not be i
n any way affected or impaired thereby.