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License Agreement

This License Agreement ("Agreement") governs your access to and use of the MatWeb materials database and its content. If you do not accept the terms of this Agreement, you will not be permitted to access or use the MatWeb materials database and its content.

Grant of License: You acknowledge that the MatWeb materials database, and the copyright to the database, is owned by Automation Creations, Inc. Subject to the terms and conditions of this Agreement, Automation Creations, Inc. hereby grants you a personal, limited, nonexclusive, nontransferable, nonsublicensable license to access the MatWeb materials database content from the MatWeb Web site solely from one computer under your control at any one time, and store subsets of the database on a single personal computer, not to exceed data from a total of 500 materials.

Limitations: The MatWeb materials database content is licensed, not sold, to you. You agree to retain all copyright and related notices of Automation Creations, Inc. included with and on the MatWeb materials database, its content and any related materials. You may use the MatWeb materials database content solely for your own personal and business purposes. You may not: (a) modify, translate, or reproduce the MatWeb materials database or its content, unless it is for your own personal or internal business purposes; (b) sell or redistribute the MatWeb materials database or its content; (c) collect, organize or catalog the MatWeb materials database content for the purpose of creating a database unless it is for your own personal or internal business purposes provided that such personal database shall never be resold or released for public use and shall not contain more than 500 materials; (d) sublicense, rent, lend, transfer, post, transmit, or otherwise make the MatWeb materials database or its content available to anyone else; (e) make your password and login information available to anyone else, including posting your password in electronic format on Web sites, news groups or other public-access forums; (f) mass export the MatWeb materials database content; (g) collect or download more than five hundred (500) materials from the MatWeb materials database and (h) use the MatWeb materials database content in any manner which is defamatory, pornographic or otherwise violates any applicable laws. This Agreement and your rights under this Agreement shall automatically terminate upon any failure by you to comply with its terms. This Agreement may only be modified in writing by an authorized officer of Automation Creations, Inc.

Trademarks: You acknowledge that Automation Creations, MatWeb, and related logos, and designs are trademarks of Automation Creations, Inc. and that no rights in such trademarks are granted to you by this Agreement.

Modifications: Automation Creations, Inc. reserves the right to modify the content of the MatWeb materials database from time to time without obligation to notify you, or any other person or organization of such revision or change.

Your Representations and Warranties: You acknowledge that Automation Creations, Inc. is not in the business of rendering engineering or structural advice. Accordingly, you shall not rely on the MatWeb materials database or its content in making structural or engineering decisions and calculations, and you shall verify any and all data utilized and calculations you make through the relevant manufacturer and/or through independent testing.

Limitation of Liability: IN NO EVENT WILL AUTOMATION CREATIONS, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE MATWEB MATERIALS DATABASE OR ITS CONTENT , HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF AUTOMATION CREATIONS, INC HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE MATWEB MATERIALS DATABASE CONTENT IS ASSUMED BY YOU THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW THE MATWEB MATERIALS DATABASE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ALL DATA, TOOLS AND CALCULATIONS THEREIN ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER AUTOMATION CREATIONS, INC. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE MATWEB MATERIALS DATABASE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY AUTOMATION CREATIONS, INC. TO YOU THE USER.

 

Termination: If you do not accept the terms of this Agreement, you agree to click your back button and stop the registration process. If you do not accept the terms of this Agreement, you will not be permitted to access or use the MatWeb materials database and its content.

 

Government Rights: If used or acquired by the Government, the Government acknowledges that (a) the MatWeb materials database and content constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-4, as applicable and (b) the Government's rights are limited to those specifically granted pursuant to this Agreement. The contractor/manufacturer is AUTOMATION CREATIONS, INC, 2020 Kraft Drive, Suite 3000, Blacksburg, VA 24060.

Governing Law and General Provisions: This Agreement will be governed by the laws of the State of Virginia, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

Export Control Obligations: You will not export or re-export the MatWeb materials database, or its content and any associated software in violation of any law, regulation, order or other governmental requirement (including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.). You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.

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