Snow Retention Calculator & Load Table – License Agreement

Acceptance

EACH TIME YOU ACCESS, DOWNLOAD FROM, OR USE THE CALCULATOR OR ACCOMPANYING LOAD TABLE (OR ANY CONTENT), YOU AGREE (1) TO THE CURRENTLY EFFECTIVE TERMS OF USE AGREEMENT FOR THIS WEBSITE (“TERMS OF USE”) AND (2) YOU AGREE YOU WILL NOT COPY OR UNLAWFULLY USE (OR ENABLE ANYONE ELSE TO COPY OR UNLAWFULLY USE) THE CALCULATOR, THE LOAD TABLE OR ANY OTHER CONTENT.

IF YOU BREACH OR THREATEN TO BREACH YOUR PROMISE NOT TO UNLAWFULLY USE OR COPY THE CALCULATOR (OR YOU ENABLE ANYONE ELSE TO DO SO), YOU AGREE TO PAY MRIL $10,000 AS LIQUIDATED DAMAGES FOR EACH SUCH INSTANCE OF UNLAWFUL USE OF THE CALCULATOR. IF YOU BREACH YOUR PROMISE NOT TO UNLAWFULLY USE OR COPY THE LOAD TABLE OR ANY PORTION THEREOF (OR YOU ENABLE ANYONE ELSE TO DO SO), YOU AGREE TO PAY MRIL $10,000 AS LIQUIDATED DAMAGES FOR EACH HORIZONTAL LINE OR PORTION THEROF UNLAWFULLY USED OR COPIED. YOU FURTHER AGREE THAT THE DAMAGES PAID TO MRIL ARE INADEQUATE TO COMPENSATE MRIL FOR THE LOSS IT SUFFERS FROM YOUR UNLAWFUL USE OR COPYING AND THAT MRIL IS ENTITLED TO AN INJUNCTION PROHIBITING YOU FROM VIOLATING OR THREATENING TO VIOLATE MRIL’S RIGHTS UNDER APPLICABLE LAW OR THESE TERMS OF USE.

YOU AGREE (1) A COURT MAY AWARD THE REASONABLE ATTORNEY’S FEES INCURRED BY THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING RELATED TO ENFORCEMENT OF THESE TERMS OF USE AND (2) TO INDEMNIFY AND SAVE MRIL HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, LIABILITIES OR EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH YOUR BREACH OF THIS AGREEMENT.

The calculator and the load table is proprietary information of Metal Roof Innovations, LTD. (S-5!) and protected under United States and international copyright laws. Title to the Calculator, or any portion thereof, or any copy thereof, whether modified or merged, shall at all times remain with Metal Roof Innovations, LTD.

The Calculator, unless used by a licensed professional architect or engineer, or credentialed building or roof designer (“Design Professional”), may be used only for the purpose of developing plans, specifications and/or approval drawings for construction projects utilizing only S-5! manufactured or distributed products and components (the “Permitted Use”). If the Calculator is used by a Design Professional, S-5! shall always be included as an approved manufacturer or vendor of products or components to be incorporated into this project.

Use of the calculator or load table by any person or for any purpose other than the Permitted Use is prohibited. S-5! may terminate this Agreement at any time and for any or no reason.

You may purchase a separate certification of a professional engineer stating that the results produced by use of the Calculator are accurate and reliable if the input fields are completed correctly. WARNING! THIS CERTIFICATION IS LIMITED TO THE ACCURACY OF THE CALCULATOR. Building, roof, and project design and construction are not covered. Calculator users release and indemnify S-5! and any person providing certification from all claims or losses related, directly or indirectly, to building, roof or project design or construction.