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 MatWeb, LLC. Subject to the terms and
conditions of this Agreement, MatWeb, LLC 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
MatWeb, LLC 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 MatWeb, LLC.
Trademarks: You acknowledge that MatWeb, LLC™,
MatWeb™, and related logos, and designs are trademarks of MatWeb, LLC and that no rights in such trademarks are granted to you by this
Agreement.
Modifications: MatWeb, LLC 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 MatWeb, LLC 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 MATWEB, LLC 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 MATWEB, LLC 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 MATWEB, LLC 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 MATWEB, LLC 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 MatWeb, LLC, 2020
Kraft Drive, Suite 3005, 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.