IHSDMDownload:General disclaimer

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Disclaimer, Limitation of Warranty and Limitation of Remedies, and Notice

Disclaimer

The Interactive Highway Safety Design Model (IHSDM) software product is disseminated under the sponsorship of the Department of Transportation in the interest of information exchange. The United States Government assumes no liability for its content or use thereof. The IHSDM software product and related documentation does not constitute a standard, specification, or regulation.

The United States Government does not endorse products or manufacturers. Trade and manufacturers' names may appear in this software product only because they are considered essential to the objective of the software product.

Limited Warranty and Limitations of Remedies

This software product is provided "as-is," without warranty of any kind-either expressed or implied (but not limited to the implied warranties of merchantability and fitness for a particular purpose). The FHWA and distributor do not warrant that the functions contained in the software will meet the end-user's requirements or that the operation of the software will be uninterrupted and error-free.

Under no circumstances will the FHWA or the distributor be liable to the end-user for any damages or claimed lost profits, lost savings, or other incidental or consequential damages rising out of the use or inability to use the software (even if these organizations have been advised of the possibility of such damages), or for any claim by any other party.

Notice

The use of the IHSDM software is being done strictly on a voluntary basis. In exchange for provision of IHSDM, the user agrees that the Federal Highway Administration (FHWA), U.S. Department of Transportation and any other agency of the Federal Government shall not be responsible for any errors, damage or other liability that may result from any and all use of the software, including installation and testing of the software. The user further agrees to hold the FHWA and the Federal Government harmless from any resulting liability. The user agrees that this hold harmless provision shall flow to any person to whom or any entity to which the user provides the IHSDM software. It is the user's full responsibility to inform any person to whom or any entity to which it provides the IHSDM software of this hold harmless provision.