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Last modified:
September 29, 2012 03:43 PM
İSoft-Tech Consulting

Instruments of Service, Transfer of Electronic Documents, Ownership, Distribution, Use, and Reuse

All electronic documents produced by the firm of Pepper and Associates, Inc. (the Firm) are considered proprietary instruments of service.  Instruments of service produced by the Firm are not final work products.  The Firm asserts any and all property rights that exist in its instruments of service, including but not limited to copyright, ownership, intellectual property, etc.  In the case where any transfer of electronic information is required by Professional Agreement, such transfer will include the creation of a limited license giving the client the right to use the documents for specific purposes.

No one can predict how the electronic information might be read by a different computer operating system, system software, or a particular software version. Unintended or intentional changes might occur, or the electronic data information may become corrupted, or degenerate over time.

To protect the Firm, its design professionals, agents and employees, and its clients against improper use or reuse of electronic documents, Pepper and Associates, Inc. does not allow reuse of any of its documents on an uncontrolled basis.  Any such improper use or reuse may cause the documents to be treated as products, and may cause unanticipated  product liability exposures to the Firm.  The Firm is not insured against such product liability risks.

In the case where transfer of electronic information is specifically provided for by Professional Agreement, the following additional measures will be taken by the Firm:

  1. A Record Copy of the transmitted electronic documents will be kept in the Firm's archives. The Record Copy shall consist of both hard copy prints marked Record Copy, and a duplicate of the electronic files (generally a CD-ROM or DVD-ROM).  The Firm's archive Record Copy retains control over variances or changes that might be introduced in the transfer or reuse process.

  2. An Electronic Transfer Agreement is required between the Firm and the client, stating that that the controlling instrument of service is the Firm's archive Record Copy. 
    The Electronic Transfer Agreement shall release and indemnify the Firm from all future claims resulting from the use of any such provided electronic information.

  3. The Client shall agree not to use or authorize any other person to use any transmitted electronic documents or any other so provided instruments of service on other projects, for additions to the Project, or for completion of the Project by others, so long as the Firm is not in default under the terms of the governing Professional Services Agreement.

  4. Any unauthorized use or reuse of transmitted electronic documents, without Pepper and Associates, Inc.'s professional involvement will be at the Client's sole risk and peril; and without liability to the Firm.  The Client shall indemnify and hold harmless the Firm, its consultants, agents, and employees of any of them from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of unauthorized use or use or reuse of transmitted electronic documents or any other so provided instruments of service.

Disclaimer

The delivery of any electronic documents and/or drawings shall not be construed to provide an express warranty or guarantee to anyone that all dimensions and details are exact, or to indicate that the use of any such document implies the review and approval by the Firm of any future use. The use of any provided electronic information is at the sole risk and liability of the user. The Firm reserves the right to remove the Design Professional's seal and the Firm's title block.

Electronic information and/or documents developed by Pepper and Associates, Inc. are instruments of service.  These instruments of service are developed for each specific project and for a specific use. There is no representation of the suitability of the electronic information for other purposes, of the durability of the information, or the medium in or on which the information is furnished. Any use for a purpose other than that for which the information is intended shall be at the receiver's risk, and the receiver shall release, indemnify, and protect Pepper and Associates, Inc. from all claims, costs, losses, or damages arising from any such unauthorized use or reuse. The transfer of the any such electronic information does not transfer any license to use the underlying software or extinguish the rights of Pepper and Associates, Inc. to reuse the information in the general course of a professional practice.


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