Design Tool v3.3

There is no charge for the Design Professional to use this Design Tool, however:

Read carefully: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Girder-Slab Technologies, LLC (GST). For the use of, and associated documentation that accompanies this EULA.

You agree to be bound by the terms of this EULA by downloading, installing, copying, or otherwise accessing or using the design tool. Your acceptance of all of the terms and conditions of this EULA is a condition to the grant of license below. This EULA represents the entire set of terms and conditions governing your use of the design tool.

1. GRANT OF LICENSE: As and for so long as you comply with all of the terms of this EULA, GST grants you the non-exclusive right to (a) install and use one copy of the Design Tool and (b) use the documentation that accompanies the Design Tool for internal, non-commercial reference purposes only.

2. RESERVED RIGHTS, TERMS OF USE: You acknowledge and agree that the Design Tool is a proprietary product of GST, protected by copyright and other applicable intellectual property laws and treaty provisions. You further acknowledge and agree that the entire right, title and interest in and to the Design Tool, including associated intellectual property rights, shall remain with GST.

You also agree to include all GST specifications and distribution requirements currently published in the Girder-Slab Technologies LLC Design Guide in your general notes or project specifications. These specifications are also available on www.girder-slab.com under the tab "Design Team Resources." GST issues an approved project identification which is required to be placed on all erection plans and D-BEAM® girder(s) shop drawings.

GST retains all rights not expressly granted to you in this EULA. The Design Tool is licensed, not sold.

REGISTRATION: You acknowledge that registration is required in order for you and your company to utilize the full benefits of the Design Tool.

3. LIMITATIONS ON REVERSE ENGINEERING: You may not decode, reverse engineer, reverse assemble, reverse compile, or otherwise translate the Design Tool mathematics.

4. TERMINATION: If you breach the terms and conditions of this EULA, GST may terminate this EULA without prejudicing any of its other rights.

5. LIMITED WARRANTY: GST warrants that (i) the Design Tool will perform substantially in accordance with the functional specifications; and (ii) the media on which the Design Tool as formatted meets generally accepted industry standards. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AT LAW. It is understood that GST is not responsible for your use of the Design Tool or the results from such use. It is further understood that there may be errors or omissions in the information contained in the Design Tool, that the information contained may not be current or complete and that defects in hardware or software may prevent you from gaining access to the mathematics.

6. DISCLAIMER: This Design Tool is a reference tool only and its use should be supervised by a Registered Professional Structural Engineer for determining whether the GIRDER-SLAB® system is appropriate for a particular project. The Design Tool is solely for the purpose of convenience in quick selection of appropriate D-BEAM® girder sizes and not to be used for final design. GST makes no representations to the validity, accuracy or correctness of the data represented in this Design Tool. The user takes all responsibility for any and all calculations associated with a final design.

7. LIMITATION OF LIABILITY AND HOLD HARMLESS: In no event shall GST be liable for any damages, whether in contract or tort (including negligence), including but not limited to direct, consequential, special, exemplary, incidental and indirect damages, arising out of, or in connection with this EULA or the use, the results of use, or the inability to use the Design Tool; and you further agree to indemnify and hold harmless GST from, and against any damage claims raised by others as a result of your use or misuse of the Design Tool.

8. QUESTIONS: Should you have any questions regarding this EULA, please contact Girder-Slab Technologies, LLC at 888-478-1100.