(hereinafter referred to as “Contractor”) subject to the following terms, conditions, restrictions and limitations. Possession of the electronic media described herein is evidence of Contractor’s acceptance and agreement to the terms, conditions, restrictions and limitations set forth herein:
- Due to the potential that information set forth on electronic media (hereinafter referred to as “Disk”) can be modified or altered unintentionally or otherwise, KJE reserves the right to remove all indices of its ownership, professional corporate name and/or involvement from each electronic medium not in its possession.
- Contractor recognizes that the use of Disk shall be at their sole risk and without any liability or legal exposure to KJE. Furthermore, Contractor shall, to the fullest extent permitted by law, defend, idemnify, and hold harmless KJE from any and all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the use of such Disk or data contained on such Disk.
- The use of this Disk is restricted to the original site and project for which it was prepared. Contractor shall not transfer the Disk or data contained on the Disk to any other person without the written authorization from KJE. Contractor shall not use the Disk or material prepared from the Disk for any other projects or cause it to be transferred to any other party for use on other projects. Reuse or reproduction of the Disk, data or documents prepared from, by or with the Disk for any other purpose for which the Disk was not strictly intended is prohibited.
- Contractor recognizes that information stores on electronic media, including but not limited to computer Disk may not be 100% compatible with their own computer system to due to differences in computer software and hardware. KJE shall not be liable or responsible for any claims arising from incompatibility, readability or translation from the Disk or other electronic media. Contractor further agrees that KJE shall have no responsibility or liability arising out of or for the completeness or accuracy or any material or documents prepared from such Disk or data contained on such Disk. Contractor agrees that such claims are barred by the terms of this Agreement.
- Contractor understand that designs, plans and data stored on the electronic Disk or other electronic media may be subject to undetectable alteration or uncontrollable deterioration. KJE shall have no responsibility or liability for the completeness or accuracy of any data or information contained o0n said Disk or other electronic media. Contractor agrees that any such claims are barred by the terms of this Agreement.
- KJE makes no warranties either express or implied, in connection with the electronic media provided.
- KJE and Contractor agree that the provision of this electronic media does not extend the statute of limitations or statute of repose governing KJE services as set for in its Professional Service Agreement with Client/Owner of the above listed project.
