Please take the time to read all of the following statements, terms, and conditions ("Agreement"). By clicking on the "I Accept" button below, you confirm that you have read, understand, and agree to be bound by the Agreement.
Supportworks, Inc. ("Supportworks") grants you a non-exclusive, non-transferable right to use this HelixPro® Helical Foundation Design Software for Professionals ("Software"). This Software is the sole property of Supportworks. Supportworks retains all right, title, and interest, including all intellectual property rights, in and to this Software. All rights not granted herein by Supportworks are reserved by Supportworks. You may not copy, distribute, alter, merge, modify, adapt, create derivative works from, translate, reproduce, transfer, resell, sublicense, rent, lease, lend, reverse engineer, reverse compile, disassemble, or attempt to discover the source code of this Software. Any unauthorized use of this Software is expressly forbidden without the written permission of Supportworks. The right to use this Software may be revoked at any time by Supportworks.
This Software was created by Supportworks as a general design tool for design professionals experienced in the application and design of standard, ungrouted helical piles and tiebacks, as well as grouted helical piles; i.e., Supportworks's Helicast™ Grouted Helical Pile System. Proper use of this Software requires a thorough understanding of project conditions, including: soil types, stratigraphy and design parameters; existing and proposed site elevations and how these relate to soil information and proposed top of pile elevations; and retaining wall and failure plane geometry (tiebacks). This Software is a design tool and should be used in conjunction with sound engineering judgment. You are responsible for verifying the results of this Software to be accurate and consistent with traditional design methods.
While Supportworks believes the design methodology and information contained within or linked to this Software to be accurate and, when appropriate, consistent with industry standards, you should not rely solely upon the results for any specific application without examination and verification of its accuracy and applicability by an engineer, designer, or architect licensed in the state of the proposed project. Further, because design and application of foundation support products are typically dependent upon site-specific project conditions, including without limitation geotechnical properties of soil which can vary significantly between sampling points, it is up to you, prior to product installation, to seek independent engineering analysis and to verify compliance with applicable rules and regulations.
Supportworks reserves the right to change or modify this Software and its product design and specifications without notice. Supportworks may, but has no obligation to, provide maintenance, technical support, updates, enhancements, or modifications to or for this Software. Please contact Supportworks staff to verify use of the most recent design information and product specifications.
THIS SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS. Supportworks DOES NOT WARRANT THE INFORMATION PROVIDED WITHIN OR BY THE SOFTWARE AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF EXPRESS OR IMPLIED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES RELATING TO ACCURACY, CONTENT, OPERABILITY, LIABILITY, RELIABILITY, COMPLETENESS, OR TIMELINESS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Supportworks DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL LIABILITY AND RISK FOR THE SELECTION OF THIS SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
To the maximum extent permitted by state law, you waive any claims that you might bring against Supportworks and its employees, agents, contractors, directors, officers, shareholders, owners, affiliates, successors, and assigns for the use or misuse of this Software and the installation of Supportworks products by end users. To the maximum extent permitted by applicable law, in no event shall Supportworks and its employees, agents, contractors, directors, officers, shareholders, owners, affiliates, successors, and assigns be liable for any claims or damages, including without limitation, lost profits, revenue, sales, costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information, or for any special, direct, indirect, incidental, economic, cover, punitive, or consequential damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state. In jurisdictions that do not allow the exclusion or limitation of liability, but may allow liability to be limited in dollar amount, you agree that Supportworks’s liability shall be limited to $50 U.S. dollars.
This Agreement is governed by the laws of Nebraska, excluding its conflict of law provisions. This is the entire agreement between you and Supportworks. This Agreement may only be amended by Supportworks. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable. The failure of Supportworks to require performance of any provision of this Agreement shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Supportworks shall have all remedies available to it under law or in equity for any breach of this Agreement. All notices and questions concerning this Software should be delivered to: Supportworks, Inc., 11850 Valley Ridge Drive, Papillion, NE 68046.
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