Calculator Use/Permitted Use
The Calculator is a useful aid to a qualified person in developing an adequate design for a roof top snow retention system utilizing only MRIL manufactured or distributed products and components (the “Permitted Use”). If the Calculator is used by an Architect or Engineer, MRIL shall always be included as an approved manufacturer or vendor of products or components to be incorporated into the construction project.
Upon each use of the Calculator you represent to MRIL and its consultants that you (1) are qualified to design roof top snow retention systems (“Systems”) with products or components manufactured or distributed by MRIL (the “Products”); (2) recognize the project specific variables that should be taken into account in creating an appropriate design of a System, such as building and roof design, structural conditions, environmental or weather conditions, Product placement and panel profiles; and (3) are capable of developing an adequate design within the scope of the Permitted Use. The Calculator does not address the project-specific variables that must be considered in System design. In addition, projects should be designed by a qualified person to conform to applicable building codes, regulations, and accepted industry practices.
UPON EACH USE OF THE CALCULATOR YOU ACKNOWLEDGE AND AGREE THAT (1) ALL DETERMINATIONS REGARDING THE ADEQUACY OF DESIGN OF A SNOW RETENTION SYSTEM ARE YOUR RESPONSIBILITY; (2) DESIGN OF SNOW RETENTION SYSTEMS THAT FAIL TO TAKE INTO ACCOUNT BUILDING, ROOF, AND PROJECT DESIGN AND CONSTRUCTION (INCLUDING PROJECT SPECIFIC VARIABLES), USE THE CALCULATOR AND TEST DATA AND OTHER INFORMATION AVAILABLE AT SELLER’S WEBSITE, AND USE THE SERVICES OF A QUALIFIED PERSON, MAY BE INADEQUATE; AND (3) ANY AND ALL CLAIMS THAT MIGHT OR COULD BE BROUGHT AGAINST MRIL OR ANY OF ITS CONSULTANTS OR AFFILIATES IN RESPECT TO ANY ACT, ERROR, OR OMISSION REGARDING THE FOREGOING MATTERS ARE HEREBY WAIVED AND RELEASED BY YOU.
Copyrights, Trademarks and Related Matters
The Calculator is proprietary information of MRIL and is protected under United States and international copyright, trademark and patent laws. MRIL has exclusive rights to use the trademarks S-5!®, ColorGard, DualGard, or X-Gard in connection with its business and sale of products manufactured or marketed by it. You agree not to infringe MRIL’s rights under any such laws or to use or copy any part of the Website or such trademarks. If you breach or threaten to breach your promise not to infringe, use, or copy MRIL shall be entitled to a court order enjoining your unlawful actions and to a judgment against you for all damages incurred by MRIL in connection with your breach or threatened breach, including all attorney’s fees and costs incurred by MRIL. Title to the Calculator, or any portion thereof, whether modified or merged, shall at all times remain with MRIL.
Use of the calculator is restricted to customers of S-5!. Commercial use of the calculator by any person or entity who is not a customer or prospective customer of S-5! is prohibited.
MRIL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE CALCULATOR. USE OF THE CALCULATOR IS AT THE SOLE RISK OF THE USER. THE CALCULATOR ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESS EXCLUDED AND DISCLAIMED.
SPECIFICALLY, MRIL DOES NOT REPRESENT OR WARRANT THAT THE CALCULATOR IS (1) ERROR FREE, (2) AVAILABLE FOR USE, (3) SECURE, (4) OPERABLE OR FUNCTIONAL, OR (5) CAPABLE OF MEETING THE REQUIREMENTS OF THE USER.