Bentley Software Data - disclaimer
We are committed to providing electronic access to Bentley software data. TxDOT does not possess staff available to provide technical support to outside parties who utilize these Bentley software data files that are posted. It is important, therefore, that all potential users of these files read the following disclaimer and accept its terms as a prerequisite to use of the files.
If the Receiver proceeds, the Receiver agrees to the following terms and conditions:
- TxDOT makes no warranty of any kind, express or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be marketable or fit for any particular purpose. Furthermore, any description of said file(s) shall not be deemed to create an express warranty that such files shall conform to said description.
- Receiver assumes all risk and liability for any losses, damages, claims, or expenses resulting from the use or possession of any file(s) furnished by TxDOT pursuant to this agreement.
- Receiver agrees to indemnify, defend, and hold harmless TxDOT, its officers, agents, and employees from and against any and all claims, suits, losses, damages, or costs, including reasonable attorney’s fees, arising from or by reason of Receiver’s use or possession of any of the file(s) furnished by TxDOT pursuant to this agreement.
- Receiver agrees to accept the Bentley software data files in the format provided. TxDOT also recommends that the files be used in the format provided.
- Since revisions or additions to these Bentley software data files may occur at any time, the Receiver agrees to indemnify, defend, and hold harmless TxDOT, its officers, agents, and employees from and against any and all claims, suits, losses, damages, or costs arising from the use of outdated files, and such indemnification shall survive acceptance of said file(s) by the Receiver.
- The Bentley software data files are copyrighted by TxDOT and may not be resold.
- These terms and conditions constitute the complete and final agreement of the parties hereto.
Receiver accepts the aforementioned terms and conditions.