Agreement for delivery of files on electronic media

In accepting and utilizing any data on any form of electronic media generated and provided by the Design Professional, the Client covenants and agrees that all such drawings and data are instruments of service between the Design Professional and Client of the Design Professional. Design Professional be deemed the author of the data, and shall retain all common law, statutory law and other rights, including copyrights. The Client agrees not to be hold the Design Professional responsible for any defects the Client may discover with the electronic media or information contained on the electronic media.

The Client further agrees not to use these files, in whole or in part, for any purpose or project other than the project which is the subject of this Agreement. The Client agrees to waive all claims against the Design Professional resulting in any way from use of the drawings and data contained on the electronic media.

In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design Professional harmless from any damage, liability or cost, including reasonable attorney’ fees and costs of defense, arising from any changes made by anyone other than the Design Professional or from any reuse of the drawings and data without the prior written consent of the Design Professional.

Under no circumstances shall transfer of instruments of service on electronic media for use by the Client be deemed a sale by the Design Professional, and the Design Professional makes no warranties, either express or implied, of merchantability and fitness for any particular purpose.

The Design Professional has made a reasonable attempt to prevent computer virus. However the Design Professional shall not be liable for the effects of computer viruses transmitted through the exchange of electronic media.
I have read this disclaimer and agree to the terms.