Any of you had to sign something similar? Thoughts?
This Agreement sets forth the process by which xxxxxxx will provide Electronic Files to xxxxxxxxxx, Recipient, and the terms for Recipient??s exclusive use. The Electronic Files are being provided for informational purposes only and XXXXX provides no warranties, either express or implied, concerning the accuracy, correctness or completeness of the Electronic Files and the Recipient agrees to independently verify the accuracy, correctness, and completeness of the Electronic Files for its needs.
xxxxxxxxx shall have no obligation to notify Recipient of, or provide Recipient with, revisions or changes to the underlying information contained in the Electronic Files. Recipient represents and warrants that if XXXXXXXX name and/or logo appears in the Electronic Files it shall be deleted and be of no force and effect. XXXXXX provides no warranties or guarantees that the means or media of electronic transfer of the Electronic Files is free of computer viruses, and Recipient acknowledges that it has sole responsibility for assuring that such media is free of any viruses prior to any use thereof.
The Recipient agrees to waive all claims against Provident resulting in any way from unauthorized changes or reuse of the Electronic Files by anyone other than Provident. In addition, the Recipient agrees to indemnify and hold XXXXXX harmless from any damages, liability or costs arising from any changes, reuse, or reliance of the Electronic Files by anyone other than XXXXXXXXX. The Recipient agrees to the terms and conditions of this Electronic File Transfer Agreement. Electronic Files shall be transferred to the Recipient upon the receipt of an executed copy of this Agreement.
exclusive use or permitted use? Exclusive sounds like recipient is the only one who can use it.
Maybe break into bullet points for easier digestion?
I'd want a good faith attempt to have updates if they are made to the master files.
Provident? Provider?
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@bill93 Provident (forgot to xxxx). IS THERE SOMETHING UNUSUAL IN THE LANGUAGE OF THIS AGREEMENT?
??Any of you had to sign something similar??.
No, also I have never seen one so wordy. As a matter of fact it has so much gibberish in it that it could cause self implication. It??s the same type worthless garbage verbiage attached to emails (or facsimiles back when). In the real world it means nothing. Signing that doesn??t affect you in any way. It wouldn??t be any different practicing calligraphy. ?????ÿ
in Virginia, generally a professional cannot use another professionals data without express written permission.?ÿ The originator of the data does not want to extend liability to a third party, thus the disclaimers.?ÿ These types of agreements are common in our area.?ÿ Generally the originator of the data is under no obligation (unless in a contract) to provide electronic data and does so as a courtesy.?ÿ No one is requiring you to sign.
I foresee an app with which one can secure a signature to avoid the liability involved in a situation like helping someone fix a flat tire on the side of the 405 in the pouring rain at rush hour....."Yes ma'm, just sign here and I'll help you out of your predicament."
How did we get along all these millennium without attorneys??ÿ
My biggest issue with sending CAD out is that there is a code that my products have to be signed or stamped preliminary.?ÿ
I don't have a way to sign and lock a dwg (and not sure how useful it would be if I could), then the signed PDF must suffice.?ÿ
I have seen representations of my work (via) CAD on other people's sheets (for instance a background of existing conditions). I also have an example where the other guy (and company) faked in a water line that wasn't located. It was a different line type, so I cannot say it was horrible, second look showed it wasn't the Surveyor's work. But the client didn't get that, and I am pretty sure he still thinks I owe him for the extra work.
Those agreements are intended to (hopefully) safeguard against such things, and define the nature and context of the CAD.
I figure that it's better not to have any written agreement about the use of digital files.?ÿ If something goes wrong and there's a written agreement, the attorneys will work overtime finding some way of using it to throw liability upon the originator.
I'd like to order a dust filter for a Hoover Max Extract 60 Pressure Pro......
If you aren't really, really concerned about liability for the misuse of shared data then you haven't been paying attention. You could share a thousand files without issue and then have the cost of defending yourself for the 1001st bankrupt you and your company.?ÿ
I would sign the above agreement, and I have signed plenty of similar agreements. All it really says is that the CAD isn't the signed and certified document. Like a lot of you I roll my eyes while doing it, but that is the world we live in. The requests for it are a lot less common that they once were.?ÿ?ÿ
the cost of defending yourself
I'm certainly concerned about liability; that's the reason I carry insurance.?ÿ I just don't believe that elaborate disclaimers and releases like the one cited have any material effect being the one I use most often:?ÿ "The attached file is provided without warranty."
It's that electronic files are not, and cannot be checked to the needed accuracy, checked to stand on their own.?ÿ The paper or PDF stamped delivered as for-construction are the valid documents.?ÿ There can be dimension labels that are changed in a detail or plan label which is more reasonable than adjusting a bunch of cad lines by say 0.5 feet for example.?ÿ The cad files might be good enough to construct from for the purposes that they'd be beneficial, but the design engineer company cannot certify the cad version.
Okay, that makes no sense.?ÿ First, I can not remember the last time I saw a set of plans that could be built from without CAD files (maybe true station and offset plans are the exception).?ÿ Plans have become a tool to get things through the permitting process.?ÿ Back in the day you had to calc the curb line from the plan set in the front of the Suburban.?ÿ Now they are just pretty little pictures without a coordinates, bearings or curve data.
CAD drawings can be, and should be, checked for accuracy.?ÿ If you can make changes in the CAD file to correct dimensions labels then you can make the drawing correct.?ÿ And you can digitally sign a CAD file using your secure, third party verifiable, digital signature.?ÿ If the drawing is modified in any way then your signature disappears.?ÿ I do wish that AutoDesk would come up with some sort of block attached to the digital signature to represent my stamp but that is a separate issue.?ÿ
