Your use of the Loos Seismic Calculator (“Calculator”) is subject to the following Agreement. The Calculator is to be used only by customers of Loos & Co., Inc. (“Loos”), for design guidance. Loos grants you a nonexclusive, nontransferable license to use the Calculator on only one computer at any one time. You may not copy, alter, decompile, disassemble, reverse engineer, sublicense, rent, lease, sell, loan, assign or otherwise distribute the Calculator software. Loos may terminate this Agreement and your license to use the Calculator if you fail to comply with the Agreement.

The Calculator is provided as a design aid for use by qualified persons who take full responsibility for the design of seismic and other bracing systems. The Calculator is based on the parameters and the criteria specified in the fire sprinkler codes for NFPA-13 2010, NFPA-13 2016 and NFPA-13 2019. You assume sole responsibility to review and confirm the accuracy and correctness of the formula, the fire sprinkler codes, the information used in the calculations and all results from the calculations. Loos is not responsible to perform these actions for you. To assist you in checking your work, the Calculator will provide hard copies of the NFPA-13 form completed with calculations and results. Failure by you to review the calculations may result in improper design specifications that could adversely affect the integrity of the bracing system being designed and built. Loos shall not be responsible for any damages resulting from your use of the Calculator, including, but not limited to, those caused by (a) errors in, and your failure to assure the correctness of, the Calculator’s formula, information, calculations or results; or (b) modifications in the Calculator made by any person other than Loos. Loos also shall not be responsible for any effect on your computer hardware, software or systems.

THE CALCULATOR AND OTHER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SOFTWARE OR PROGRAM ARE PROVIDED TO YOU “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, CURRENTNESS OR ACCURACY. LOOS HAS MADE REASONABLE EFFORTS TO PROVIDE INFORMATION THAT IS CURRENT AND ACCURATE, HOWEVER, LOOS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY OF ANY INFORMATION PROVIDED, AND USE OF THE CALCULATOR IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL LOOS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT THE USE OF, OR INABILITY TO USE, THE CALCULATOR, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM: (A) RELIANCE ON THE CALCULATOR, (B) COSTS OF REPLACEMENT GOODS, (C) LOSS OF PROFITS, AND (D) BUSINESS INTERRUPTIONS. (IN THIS PARAGRAPH THE TERM “LOOS” IS UNDERSTOOD TO INCLUDE ITS SUBSIDIARIES AND AFFILIATES, AND ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES.)

Upon reasonable request by Loos, you agree to defend, indemnify, and hold harmless Loos and its employees, contractors, officers and directors from any and all liabilities, losses, claims and expenses, including reasonable attorneys’ fees, which arise from your use or misuse of this Calculator or any Loos services, or your compliance or non-compliance with the Agreement. Loos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Loos in asserting any defenses.

You agree to comply with all applicable laws, regulations, orders and rules. Your use of other Loos products must be in accordance with the Loos documentation applicable to such products including instruction sheets, data sheets, warnings, application drawings and user manuals.

You do not acquire any intellectual property or other proprietary rights relating to the Calculator (including, but not limited to, patents, designs, trademarks, copyrights or trade secrets), except as otherwise expressly granted herein. Any rights not expressly granted herein are reserved.

All elements of the Calculator software are © 2016, Loos & Co., Inc. All rights reserved.