Firestone's RoofGenuity End User License Agreement

Configurator Use Agreement

Date of last revision to this Agreement:  February 23, 2010

            Firestone Building Products Company, LLC (“Firestone”) provides a website at http://www.RoofGenuity.com (the “Site”) which enables persons accessing the site (“Users”) to view information regarding certain Firestone roofing products in the context of specific building structures and to configure one or more potential combinations of products.  If you wish to access the Site, you must agree to the terms and conditions of this Website Access Agreement (the “Agreement”).  The Site also uses certain technology which Firestone has licensed from DeMichele Systems, Inc. (“DMS”) and your use of the Site implies your agreement with the terms of the End User License Agreement of DMS (the “EULA”) which is set forth below.  If you agree to be bound by this Agreement and the EULA, you should click on the “I AGREE” button below, in which case you may be granted access to the Site.  If you do not agree, you should press the “I DISAGREE” button, in which case you will not be able to access or use the Site.  Your use of the Site at any time is subject to the terms of this Agreement and the EULA as the same may change from time to time.

            Use of Site.  Firestone provides the Site in an effort to assist Users.  In consideration of accessing and using the site, Users agree (i) to use the Site only for lawful purposes and (ii) not to attempt to modify the information on the Site.  Use of the Site is also subject to the Legal Notice and Privacy Policy of Firestone Building Products.

No Warranties.  Firestone provides the Site for the convenience of Users and the information therein is believed to be correct at the time it is uploaded to the Site.  HOWEVER, THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND.  FIRESTONE DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  USE OF THIS SITE IS SOLELY AT THE USER’S RISK.

Limitation of Liability.  FIRESTONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.

Professional Advice.  As a User of this Site, you agree that Firestone is a provider of commercial roofing products and is not by means of the Site providing professional engineering or architectural services.  The Site and information contained within it are not a substitute for professional engineering or architectural advice and you should not act or refrain from acting on the basis of any content included in the Site without seeking advice from a qualified professional.

            Use of Information.  A User’s accessing of the Site grants to Firestone the right to review and use for its own internal purposes information about the User to the extent that the User provides such information as a matter of access to the Site, in response to inquiries at the Site, or other means common in internet communications such as a cookie. 

            Subject to Change.  Firestone reserves the right to modify and update the information contained on the Site, this Agreement and/or the EULA from time to time and without notice to Users.  Your use of the Site after any change is made to this Agreement or the EULA shall constitute your agreement with any such revisions.

            Dispute Resolution.  This Agreement shall be governed by the laws of the State of Indiana.  Any dispute between a User of the Site and Firestone shall be resolved through binding arbitration in Indianapolis, Indiana U.S.A. under the commercial arbitration rules of the American Arbitration Association.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

End User License Agreement

This End-User License Agreement (“EULA”) is for the use of SOFTWARE and data associated with the Architects Design Studio (the “SOFTWARE”).  This SOFTWARE is utilized in the Site as described above.  It is important for the user to verify the output from the system to ensure the proper use of the SOFTWARE.

This EULA is made among DeMichele Systems, Inc. (“DMS”), Firestone Building Products Company, LLC (“Firestone”) and the User (as defined above).  Firestone is an intended beneficiary of all disclaimers provided in this EULA.

Whereas, DMS has the right to market and license the SOFTWARE; and represents that DMS is the sole and exclusive owner and developer of the SOFTWARE; and

Whereas, User desires to license the SOFTWARE pursuant to the terms and conditions of this EULA.

Disclaimers.  This SOFTWARE is provided “as is” without any warranty of any kind, either expressed, implied, or statutory, including, but not limited to, any warranty that the software will conform to specifications, any implied warranties of merchantability, fitness for a particular purpose, freedom from infringement, and any warranty that the documentation will conform to the program, or any warranty that the software will be error free whether or not the error is discoverable.  In no event shall DMS be liable for any damages, including, but not limited to, direct, indirect, special or consequential damages arising out of, resulting from, or in any way connected with this software, whether or not based upon warranty, contract, tort or otherwise, whether or not damages are based on a third party claim, whether or not injury was sustained by persons or property or otherwise, and whether or not loss was sustained from, or arose out of the results of, or use of the software or services provided hereunder.

The SOFTWARE provides guidance to the User and should not be utilized as a definitive source of information or calculations, specifically as related to the following:

·         Structural Analysis

·         Thermal Analysis

·         Product Compatibility

·         Pricing

·         Product Availability

·         Specifications

·         CAD Details

User is responsible for the validity of all models generated in the SOFTWARE and each project file shall be annotated accordingly.  While the integrity of the data provided by the SOFTWARE is routinely verified it is possible for the following to occur:

·         Modeling Errors generated by the SOFTWARE due to incorrect data

·         Missing, Incorrect or dated product information

As such, the User is responsible for verifying any and all information and output generated by the SOFTWARE.

Intellectual Property. The User agrees that the SOFTWARE and the technical data accompanying the SOFTWARE belongs to DMS at all time. The undersigned acknowledges that it acquires no ownership interest in the SOFTWARE or any technical data accompanying the SOFTWARE under this EULA or by virtue of its participation in any activities permitted under this EULA. The User is receiving no right to make derivative works in conjunction with this EULA.

Service Provider retains the right to query, retain and disseminate information related to all projects analyzed via the Architects Design Studio.

a) Retained information shall include but not limited to the following:

i) All information extracted during analysis (Project name, owner, architect, project quantities/takeoff etc.).

ii) All products considered/viewed during product selection

iii) All products selected in the product selector.

iv) All downloadable deliverables related to the project.

v) Quantity takeoff of all relevant element types existing in the users project and whether or not they were transformed to BPM specific models

b) Exclusions:

i) The design concepts or visual imagery specific to the physical geometries of the project shall be considered proprietary to the designing entity and not subject to this provision.

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DeMichele Group - 6432 E. McDowell Road - Mesa, AZ 85215 - (480) 985-4926 Phone -  (480) 985-3000 Fax