Upon receipt of a signed copy of this Digital Data file release form, Digital Data files containing Fleming & Associates, PA drawings will be provided to you (“the Recipient” or “the User”) via a CD or email.
Consistent with our policy on delivery of Digital Data files, the terms of the use of these files/ data, which by signing you hereby agree to are, as follows:

  • The provided files are and shall remain the property of Fleming & Associates, PA.
  • Recipient shall have a nonexclusive license to use, copy, and reproduce these Digital Data Files in connection with the construction, repair, maintenance, and/or occupancy of this project only.
  • Such license shall not be transferable.
  • Any reuse of these Digital Data Files is at the sole risk of the Recipient.
  • Fleming & Associates, PA shall not be responsible for changes made to these files by anyone other than Fleming & Associates, PA.
  • Nothing in the transfer of Digital Data Files should be construed to provide any right of the Recipient to rely on the Digital Data information provided or that the use of the Digital Data information implies the review and approval by the design professional of any drawing based on the information.
  • Digital Data information may provide design information current as of the date of its release but the Recipient/User is responsible for updating the information to reflect any changes in the design following the preparation date of the transferred Digital Data information.
  • Fleming & Associates, PA or its employees are not responsible for: the compatibility of Digital Data Files with any hardware or software; the acuracy, completeness, or permanence of the Digital Data File, their merchantability or fitness for a particular purpose.
  • The sealed Contract Drawings supercede the Digital Data Files in case of conflict. It is the User’s/ Recipient’s responsibility to determine conflict between Digital Data Files and sealed drawings.
  • The User/Recipient shall, to the fullest extent permitted by the law, indemnify, defend and hold harmless Fleming & Associates, PA and its employees, from any damages, losses, expenses, penalties, and liabilities of any kind, that arise from the use of of the Digital Data Files by the User, or by third-party recipients of the Digital Data Files from the User.
  • Fleming & Associates, PA reserves the right to remove all indicia of ownership and/or involvement from each electronic display and any professional seal since the Digital Data Files can be modified.
  • Any information added to the Digital Data Files shall be clearly distinguishable from the original files.
  • Digital Data Files shall remain the property of Fleming & Associates, PA unless explicitly stated otherwise in writing.
  • In no case shall the transfer of the Digital Data Files be considered a sale.
  • In no event shall Fleming & Associates, PA or its employees be liable for any loss of profit or any consequential damages resulting from the use of the Digital Data Files.
  • Fleming & Associates, PA believes that no licensing or copyright fees are due to others on account of the transfer of the Digital Data Files, but to the extent any fees are due, the User shall pay all appropriate fees and hold Fleming & Associates, PA harmless from such claims that may arise as to assessment of such fees, if any.
  • User is prohibited from relying on the accuracy of Digital Data File information for use in estimating, bid preparation or otherwise costing a project.

DIGITAL DATA FILE RELEASE FORM

Name(Required)
MM slash DD slash YYYY
Acceptance(Required)