In connection with this transaction, API delivers the purchased Publication(s), which may include any of API’s reports (technical reports, datasheets, statistical reports, studies) and any of API’s recommended practices, standards, bulletins and specifications, to the Purchaser (“you”) in electronic format, on the condition that you accept the following terms and conditions of use (“Agreement”).

By downloading the Publication(s), you are accepting and agreeing to the terms and conditions of this Agreement. If you do not agree with the terms of this Agreement, you may not proceed with this transaction.

1.License

A. Where a single user PDF is purchased, API hereby grants you a non-exclusive, non-transferable right to access the Publication in electronic format, provided for your single use only and only on a single unique computer or device. You may install one copy of each Publication on, and permit access to it by, a single computer or device owned, leased or otherwise controlled by you.

B. In the event the computer becomes dysfunctional, such that access to the Publications are restricted, the Publications may be transferred to another computer, provided that the Publications in question are removed from the computer from which they are transferred and the use of the Publications on the replacement computer otherwise complies with the terms of this Agreement. Moving Publications to a different computer does not relinquish you from complying with the terms of this Agreement.

2. Prohibitions

A. The Publication(s) are protected under US Copyright Law, as indicated on the cover of the Publication(s). Except as specified herein, no part of the printed Publications, nor any part of the electronic files, in part or in whole, may be reproduced or transmitted in any form, including transmittal by e-mail, by file transfer protocol (FTP), or by part of a network-accessible system, without the prior written permission of API.

B. Where a single user PDF is purchased, concurrent viewing of the Publication on two or more computers and viewing the Publication through a local area network, wide area network, or any other type of network is prohibited by this license. If a Publication is stored on your computer and your computer is accessible to other users on a network, the Publication must be locked so as not to be accessed by other users on the network.

C. You shall not make copies of, merge, adapt, translate, modify, reproduce, rent, lease, sell, sublicense, assign or otherwise transfer any of the Publications, parts of the Publications, or remove any proprietary notices or labels appearing on any of the Publications.

D. Any breach of this Agreement is cause for revocation of this License.

3. Intellectual Property

All intellectual property contained within Publications, and all trademarks, service marks, copyrights, and other rights therein, shall remain the sole and exclusive property of API. To the extent any of the Publications contain third-party material, such third-party material shall remain the property of its respective copyright owners.

4. No Warranty

API MAKES NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO ANY OF THE PUBLICATIONS, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR REFLECTED IN, ANY OF THE PUBLICATIONS. API EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PUBLICATIONS ARE PROVIDED “AS IS.” YOU ASSUME ALL RISK OF USE INCLUDING THE RISK OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, REPRESENTATIVE OR LICENSEE OF API IS AUTHORIZED TO PROVIDE ANY WARRANTY WITH RESPECT TO THE PUBLICATIONS.

5. Indemnification

Neither API nor any of its respective directors, officers, employees, agents, representatives or members (the “Indemnified Parties”) shall have liability for, and you shall defend, indemnify and hold each of the Indemnified Parties harmless from and against any judgment, liability, loss, cost or damage (including any settlement amount, litigation costs, reasonable attorneys’ fees, and other legal expenses), incurred as a result of any suit, action, or claim arising out of, pertaining to, or resulting in any way from, your (and/or any of your directors, officers, employees, representatives, agents or contractors) use or possession of the Publications or reliance on any of the information contained in any of the Publications.

6. Limitations of Liability

A. You acknowledge that each of the Indemnified Parties' obligations and liabilities with respect to the Publications are exhaustively defined in this Agreement. NONE OF THE INDEMNIFIED PARTIES SHALL BE LIABLE TO YOU, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM ANY BREACH OF ITS AGREEMENT OR FROM ANY USE OF THE PUBLICATIONS, EVEN IF THE DAMAGED PARTY HAS ADVISED THE OTHER PARTY OF THE POSSIBILITY OF SUCH LOSS. WITHOUT LIMITING THE FOREGOING, THE INDEMNIFIED PARTIES’ AGGREGATE LIABILITY TO YOU RELATED TO THIS AGREEMENT AND/OR THE PUBLICATION SHALL BE LIMITED TO THE AMOUNT RECEIVED BY API FROM YOU IN THIS TRANSACTION.

B. If at any time an allegation of infringement of any rights of any third party is made, or in the Indemnified Parties’ opinion is likely to be made, with respect to any of the Publications, API may, at its option and at its own expense (i) obtain for you the right to continue using the Publication(s), (ii) modify or replace the Publication(s) or any portion thereof so as to avoid any such claim of infringement, or (iii) refund to you the fees paid under this transaction. The Indemnified Parties shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Publication(s) supplied or offered to be supplied pursuant to this Section 6(B) or to otherwise cease using the Publication(s).

C. Section 6(B) states the entire liability of the Indemnified Parties with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Product.

7. You understand and agree that once your order has been placed, there will be no refunds or exchanges.

8. This Agreement will be governed by and construed in accordance with the laws of the District of Columbia without regard to its principles governing conflicts of law.