Digital File Disclaimer
In accepting and utilizing any drawings, reports, and data on any form of electronic media or printed hard-copy construction documents generated and furnished by the architectural or design firm that prepared this document, you agree that all such electronic or printed files are instruments of service of the architectural or design firm, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights.
You agree not to USE or REUSE these electronic files, BIM models or hard-copy documents, in whole or in part, for any purposes other than for the exclusive use to the architectural or design firm that prepared this document to construct a single-family residence within the January 2025 affected wildfire areas (“Case Study 2.0 Project”) in the State of California which they were originally intended and created. You further agree to waive all claims against the architectural or design firm that prepared this document resulting in any way from any usage or reliance upon the electronic files, BIM model or hard-copy documents, for any other project by anyone other than the architectural or design firm that prepared this document.
Any use of, transmission of, or reliance upon any electronic files, including BIM models, is at the Party’s sole risk and without liability to the architectural or design firm that prepared this document’s contractors, consultants, agents, and employees in the event the architectural or design firm that prepared this document is not contracted directly for the Wildfire Region Project.
You are aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the architectural or design firm that prepared this document and electronic files, the signed or sealed hard-copy construction documents shall govern.
In addition, you agree to the fullest extent permitted by law, to indemnify and hold harmless the architectural or design firm that prepared this document, its officers, directors, employees, and sub-consultants against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising from any changes made by anyone other than the architectural or design firm that prepared this document or from any reuse of the electronic files with or without the prior written consent of the architectural or design firm that prepared this document.
Under no circumstances shall delivery of electronic files for use by you be deemed a sale by the architectural or design firm that prepared this document, and the architectural or design firm that prepared this document makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the architectural or design firm that prepared this document be liable for indirect or consequential damages as a result of your use or reuse of the electronic files without contracting directly with the architectural or design firm that prepared this document.
You are aware that any images included in the BIM model or other digital files are considered proprietary to the architectural or design firm that prepared this document and that you are responsible for ensuring that any and all images are properly licensed by the architectural or design firm that prepared this document prior to usage. You further agree to waive all claims against the architectural or design firm that prepared this document resulting in any way from unauthorized use or reuse of any unlicensed image.
I have read and agree to the terms and conditions outlined in this Digital File Disclaimer. The person(s)/entity signing and executing this Digital File Disclaimer represents and warrants that he or she is duly authorized and has legal capacity and actual authority to Recipient, to each and every term, condition and obligation of this Disclaimer and all requirements have been fulfilled to provide such authority.