Steel Tube Institute – HSS Connex Agreement

This Agreement is executed by the User (“User”) and Steel Tube Institute (“STI”). User has requested access and authorization to use HSS Connex web-based software tool (the “Software”), which Software is owned by STI.

In consideration of STI releasing access to the Software to User and granting User the right to use such Software for the purpose identified below, User agrees to the following:

1. The Software is the proprietary information owned by STI.
2. There shall be no distribution or publication of the pseudo-code, source code, executable code, nor associated run-time applications, whether standalone or embedded, to or for use by any third party without the express written consent of STI.
3. The Software and/or any modified or enhanced version thereof, shall not be published by User, given or transferred to another entity, or in any manner offered for sale to any other entity. The Software may be used consistent with this Agreement, but no charge may be made for its use.
4. The Software remains the property of STI.
5. STI shall be neither liable nor responsible for any maintenance or updating of the Software, or lack thereof, nor for correction of, or failure to correct, any errors in the Software.
6. The Software is provided “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, and without warranty of any kind, either express, implied, or statutory, including that the Software will conform to specification, any implied warranties of merchantability, fitness for particular purpose, and freedom from infringement, and any warranty that any documentation will conform to the Software, or any warranty that the Software will be error free or without bugs or other limitations. STI does not warrant that the functions of the Software will meet your requirements, or that the operation of and/or results of the Software will be error free. STI does not warrant User’s ability to use the Software. In no event will STI or its Software developers or consultants 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 the results of or use of the Software, whether or not based upon warranty, contract, tort, or otherwise, whether or not injury was sustained by person(s) or property(ies) 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.
7. User acknowledges that any and all Results generated by the Software are the product of User’s input and that User is solely responsible for the accuracy and/or reliability of the Results.
8. The Software may contain links to other Web sites. STI is not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by STI. Inclusion of any linked Web site in the Software does not imply approval or endorsement of the Web site by STI. If you decide to leave the Software and access any linked Web site, User does so at its own risk.
9. User agrees to waive any and all claims against STI and its software developers and consultants and shall indemnify and hold harmless STI and its software developers and consultants for any damage that User may incur from User’s use of the Software, including any damages from products based on, or resulting from use of the Software. If further release or distribution of this Software or technical data derived from this Software is permitted, User agrees to obtain this identical waiver of claims, indemnification and hold harmless Agreement with any entities that are provided with the Software or technical data derived from use of the Software. This Agreement does not, in any manner, constitute an exclusive release of the Software to User. STI’s right to authorize use of the Software to other entities and individuals is in no manner limited by this Agreement.
10. STI expressly disclaims any endorsement and/or guarantee of any results, designs, hardware, or other information derived from or resulting from use of the Software.
11. This Agreement does not, in any manner, constitute the grant of a license to User under any STI copyright, patent, or patent application.
12. Any use of the Software by User other than that authorized in this Agreement may result in liability of the User to STI.
13. This Agreement shall be construed and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Ohio.
14. This Agreement constitutes the entire understanding and agreement between the parties relating to the use of the Software and may not be superseded, modified or amended except by further written Agreement duly executed by the parties.
15. The User’s acceptance and use of the Software constitutes the Users acceptance of the terms of the Agreement. The effective date of this Agreement shall be the earlier of User’s execution of this Agreement and/or User’s use of the Software.
16. The User agrees to receive additional communications from STI, including but not limited to emails, newsletters, notices, event information, etc.
17. This Agreement continues until terminated. STI may unilaterally terminate this Agreement through any reasonable means of notice to User, including publication on or through the Software. This Agreement terminates without notice to User if User fails to comply with any term or condition of this Agreement.