In order to use your subscription to the National Fire Codes®you must first read and agree to the following license agreement. Please read the entire agreement carefully and if you don’t agree with its terms, don’t access the Information. If you are accessing the National Fire Codes® through a free trial offer, you also must first agree to the following and you acknowledge that your trial subscription may include limitations on certain functionalities that are included in the paid subscription service.
This is a legal agreement (the Agreement) between You, a single, named end-user (You or Your) and the National Fire Protection Association (the NFPA) for the subscription service defined below (the Service) which includes access to certain copyrighted information provided by NFPA (the Information).
By accessing the Information, You agree to be bound by the terms of the Agreement, and are responsible for ensuring that the terms are met. If You do not comply with the provisions of this Agreement Your access to the Information will be denied.
For the purpose of this Agreement the following terms shall have the following meanings:
Information – shall mean the content NFPA makes available to you, including the National Fire Codes®, all of which, as between You and NFPA, are copyrighted materials of the National Fire Protection Association.
Service – shall mean the subscription to the National Fire Codes® and any other Information made available to the Subscriber through activation of the Software, use of the internet and an individual electronic password.
Software – shall mean the set of computer programs that NFPA uses to allow You to view the Information. The Software may be revised or modified by NFPA in its sole discretion from time to time and may be used by You solely for the purpose of viewing the Information.
You – shall mean the identified individual person who has paid (either directly or indirectly) the required fee(s) and met any other conditions required to obtain a Subscription or to access the Service or the Information.
Subscription – shall mean the agreement, whether or not in writing, between the NFPA and the Subscriber setting out the length of time for which or the term during which access to the Service is allowed and the fee(s) for that access.
Download – shall mean the transfer of electronic file(s) of the Information (whether in PDF or other format) to equipment or devices owned and controlled by You for storage of and access to the Information for Your personal (individual) use. NFPA reserves the right to limit or restrict the Information made available for Download. NFPA also reserves the right to limit or restrict the amount of Information that may be Downloaded and the number of times Information may be Downloaded.
NOTE: Information offered through digital access, rather than as a PDF file, are NOT available for Download.
- GRANT OF LICENSE.
- Subject to the terms of this Agreement, NFPA grants You a limited,PERSONAL, non-commercial, non-exclusive, non-sub licensable, non-assignable, non-transferrable license, limited by the terms of Your Subscription and this Agreement, to view the Information. Access to the Information through an individual password or other individual access is licensed to You, for Your individual use only in accordance with the terms of this Agreement.NFPA retains all rights not expressly granted to You in this Agreement.
- You may not transfer to or share Information or any portion of the Information with another user or users other than a small portion or “de minimis” amount of text (i.e. no more than several paragraphs) solely for the purpose of reference or citation. The ability to share small amounts of text as provided in the preceding sentence does not authorize you to share any graphs, images, tables, or the like.
- Information may be made available for Download from time to time in accordance with the terms of this Agreement.Information made available for Download may only be Downloaded to an individual device that is owned by and controlled by You for your individual use. Access to and functionality related to Downloaded Information may be limited or restricted by the Software or otherwise by NFPA.
- Notwithstanding the foregoing, NFPA reserves the right, in its sole discretion, to determine (with or without prior notice to You) how to the make the Information available for viewing, whether through the Software or otherwise.
- LIMITATIONS ON THE USE OF THE INFORMATION and LICENSE RESTRICTIONS.
- You may not copy, transmit, upload, download, or in any other manner publish, display, distribute or copy onto any storage device, including a network server, all or any part of the Information, through any means whatsoever except as specifically allowed under the GRANT OF LICENSE above, nor may you allow any other person or organization to do so, directly or indirectly.
- You may not print all or any part of the Information.
- You may not use the Information to provide on-line or similar database services or access to the Information for third parties.
- You may not rent, lease or lend the password or any portion of the rights granted herein to any third party.
- You may not, and You may not permit others to copy, decompile, reverse engineer, modify, or prepare derivative works of the Software, the Service or the Information.
- You may not use the Service, the Software or the Information in any manner that infringes the intellectual property or other rights of another person or party (including NFPA), or violates or infringes on the rights of any other person or party (including NFPA) in any other way.
- Downloaded Information may not be copied, transmitted, shared, printed, or placed on a network or stored in any manner that would allow anyone other than You to access or view such Information except as may be provided in this Agreement.
- RIGHTS of NFPA: As between You and NFPA, the Information is owned by NFPA.The Information is protected by U.S. copyright law and international treaty provisions. NFPA retains all rights that accrue to or are incidental to the holder of copyright whether or not specifically set forth in this Agreement, including all right, title, and interest in and to the Information in all languages, formats, and media throughout the world, now known or later developed, except as may be provided in this Agreement and all rights in derivative works. NFPA reserves the right at any time to make changes to the Service, the Software, the Information and the products and services delivered or permitted herein with or without notice to You. NFPA reserves the right to limit or restrict the Information made available for Download.NFPA also reserves the right to limit the amount of Information that may be Downloaded and the number of times Information may be Downloaded.NFPA reserves the right to require You to register with NFPA any (i) device and/or IP address from which or through which You may access the Information; and (ii) device to which You may want to Download Information, where applicable.Moreover, NFPA reserves the right to monitor, review and/or analyze any use of the Information at all times and revoke any permission granted to You under this Agreement to the extent that NFPA reasonably believes You have failed to comply with any term of this Agreement.
- PERMISSION FOR USE OF INFORMATION. Permission to allow use of the Information in any manner not specifically licensed herein may be considered based on written request to email@example.com.
- WARRANTY DISCLAIMER.
NO WARRANTY IS MADE BY NFPA, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ACCESS, THE SOFTWARE OR THE INFORMATION. UNDER NO CIRCUMSTANCES, WHETHER OR NOT ACCESS TO THE INFORMATION IS ALLOWED, IS NFPA LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIONAL DAMAGE AS A RESULT OF YOUR USE OF THE PASSWORD, THE SOFTWARE, THE SERVICE, OR THE INFORMATION.
ALTHOUGH NFPA HAS MADE EFFORTS TO MINIMIZE FAILURES IN ACCESS TO THE INFORMATION, ACCESS, THE SOFTWARE AND THE INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND YOU UNDERSTAND AND AGREE THAT THEY ARE NOT GUARANTEED.
- LIMITATION OF LIABILITY.NFPA SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR INABILITY TO GAIN ACCESS TO THE INFORMATION AT ANY TIME, OR ANY ACTION OR EFFECT OF THE INFORMATION OR SOFTWARE INCLUDING BUT NOT LIMITED TO YOUR SERVERS, NETWORK, OR OTHER ELECTRONIC EQUIPMENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT OR CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, NFPA'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE ACCESS TO THE INFORMATION FOR THE PREVIOUS THREE (3) MONTHS. THE REMEDIES AVAILABLE TO YOU AGAINST NFPA UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES RESTRICT WARRANTY AND REMEDY EXCLUSIONS AND LIMITATIONS, TO THE EXTENT OF SUCH RESTRICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY AND OTHER REMEDIES MAY BE MADE AVAILABLE UNDER CERTAIN STATE LAWS.
SOME OF THE INFORMATION HAS ITS OWN DISCLAIMERS AND STATEMENTS DEALING WITH LIMITATION OF LIABILITY. THE TERMS OF EACH SUCH STATEMENT SHALL REMAIN IN EFFECT AND BE IN ADDITION TO ANYTHING SET FORTH HEREIN.
- TERMINATION: This Agreement and all rights granted by this Agreement will terminate: (i) immediately, and at any time thereafter without further notice or warning, at the expiration of the term of Your Subscription; (ii) immediately, if You transfer or share Your password or attempt to do so; (ii) immediately, if You transfer, use or share the Information or access to the Information, except as allowed herein; or, (iii) if You fail to comply with or if you violate any material term of this Agreement.
Upon expiration of Your Subscription or other termination of this Agreement, You shall cease all use of the Information and remove and destroy any and all Information you may have Downloaded in accordance with this Agreement.
- INTERNATIONAL LAW: If you access the Information from a location outside the United States, you are responsible for compliance with all local and international laws. You agree that You will not use the Information in any country or jurisdiction in any manner prohibited by United states export control laws or any other applicable laws, restriction or regulations. You agree to comply with all applicable export and re-export restrictions and regulations and You will not transfer or authorize, assist or encourage the transfer of any Information to a prohibited or sanctioned country.
- GENERAL PROVISIONS: This Agreement will be governed by and construed under the laws of the Commonwealth of Massachusetts U.S.A. without regard to the conflicts of law provisions. The parties agree that the State and Federal courts sitting in Massachusetts will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions will not be affected. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof.