Accuris Copyright Info

Accuris Retail Store Terms of Use

As a distributor who has been granted a license to distribute Publications on its Retail Store Publications, Allium US Holding ("Accuris") is willing to deliver any purchased Publications purchased by You in electronic format, on the condition that You accept the following terms and conditions of use ("Agreement"). By completing the purchase of a Publication on the Retail Store, You are accepting and agreeing to the terms and conditions of this Agreement.

1. Definitions

A. "Publication(s)" means the specified set of documents offered on the Retail Store and being purchased by You.

B. "You" or "Your" means the purchaser of the Publication(s).

C. "Boiler Pressure Vessel Code PPO" or "BPVC PPO" means the purchasing format which comprises BOTH a hardcopy of Boiler Pressure Vessel Code along with online electronic access of the PDF.

D. “Retail Store” means the Accuris retail store accessible at https://store.accuristech.com/.

E. “Third-Party Provider(s)” means the standard developing bodies or Accuris licensors whose Publications are offered on the Retail Store.

F. “Embargoed Country” means a country or territory that is the subject of Sanctions or otherwise subject to trade or economic embargoes administered by the Government of the United States, the Government of the United Kingdom, the European Union or any European Union member state, the Government of Singapore, the United Nations Security Council, or other applicable authority.

G. “Sanctions” means any sanctions administered by the U.S. Government (including, without limitation, sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control), the Government of the United Kingdom, the European Union or any European Union member state, the Government of Singapore, the United Nations Security Council or any other applicable authority.

2. Acceptance of Terms

This Agreement affects Your rights and should be read carefully. If you do not agree with the terms of this Agreement, You should refrain from completing the purchase of the Publications. Once the Publication(s) are downloaded and received by You, refunds or exchanges will not be permitted.

3. Fees

A. You agree to pay all fees specified at the time of Your purchase of a license to the Publications together with any processing or transaction fee charged by the bank or payment provider (“Fees”).

B. In addition to the Fees, You will pay to Accuris or to the relevant taxing authority, as appropriate, any applicable sales, use, goods and services, value added, withholding or similar taxes payable hereunder so that after payment of such taxes the amount Accuris receives is not less than the Fees.

C. Delivery of the Publications is deemed to occur when the Publications are made available to You.

4. License

A. Subject to this Agreement, and where a single user PDF is purchased, Accuris 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.

B. Subject to this Agreement, where a multiple user PDF is purchased, Accuris hereby grants You a non-exclusive, non-transferable right to access the Publications in electronic, multiple-user format on the specified number of unique computers or devices.

C. Subject to the terms and conditions contained herein, and where a BPVC PPO is purchased, Accuris hereby grants You a non-exclusive, non-transferable right to access the electronic PDF portion of the PPO for a period of two (2) years from the date of purchase. The electronic PDF portion of the BPVC PPO shall only be accessed by a single unique computer or device owned, leased or otherwise controlled by You.

D. Where a single user PDF is purchased, You may download one copy of each Publication on, and permit access to it by, a single computer or device owned, leased or otherwise controlled by You.

E. Where a multiple user (or multi-user) PDF is purchased, each of the designated users may download their copy of the Publication onto their computer device, whereby the designated Publication resides on and is accessed by, that unique user.

F. 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.

5. Usage Restrictions

A. The Publications are protected under US Copyright Law and international copyright laws, as indicated on the cover of the Publication and, 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 or a network-accessible system, without the prior written permission of Accuris.

B. Publications may not be transferred to other users or reproduced in any way and may not be stored as part of a collection that is or may be accessed by individuals other than You.

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

D. You shall not merge, adapt, translate, modify, 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. E. Any breach of this Agreement is cause for revocation of the License(s) granted in Section 4.

6. Termination

A. If You breach any of the obligations under this Agreement, then Accuris may: (i) revoke the license to the Publications immediately upon notice to You; and (ii) claim from You the reasonable value of unauthorized use of the Publications. Notwithstanding the foregoing, You shall indemnify Accuris and/or its affiliates against any cost, loss or damage suffered by Accuris and/or its affiliates, including any legal costs, arising as a result of Your use of the Publications in breach of this Agreement. Should Accuris terminate this Agreement due to a breach by You, You agree that You shall not be entitled to a refund of the Fees paid under the Agreement.

B. Upon termination or expiration of this Agreement, You agree to the best of your knowledge and ability to destroy all printed copies of the Publications. Accuris, at its discretion, may require certification that all Publications have been destroyed.

7. Intellectual Property

All intellectual property contained within Publications, and all trademarks, service marks, copyrights, ownership and other rights therein shall remain the sole and exclusive property of Accuris or the respective third-party providers. Other copyrights belonging to third parties shall remain the property of their respective copyright owners.

8. Limited Warranty

A. Accuris warrants for your benefit alone that it has full power and authority to enter into this Agreement and to grant the licenses set forth hereunder.

B. THE PUBLICATIONS LICENSED HEREUNDER ARE PROVIDED "AS-IS", AND NEITHER ACCURIS, ITS AFFILIATES NOR ANY THIRD-PARTY PROVIDER SHALL BE LIABLE TO YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE PUBLICATIONS. NEITHER ACCURIS, ITS AFFILIATES NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THIS LICENSE, THE PUBLICATIONS OR THE RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE PUBLICATIONS; ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.

9. Limitations of Liability

A. You acknowledge that all obligations and liabilities with respect to the licensing of the Publications are exhaustively defined in this Agreement. NEITHER ACCURIS AND ITS AFFILIATES, NOR THE THIRD PARTY PROVIDERS, (INCLUDING THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR MEMBERS OF ACCURIS, ITS AFFILIATES AND THIRD PARTY PROVIDERS) 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 THIS 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 FOREOGING, THE AGGREGATE LIABILITY OF ACCURIS, ITS AFFILIATES AND THIRD-PARTY PROVIDERS FOR ANY CLAIMS ARISING OUT OF THE LICENSING OF THE PUBLICATIONS SHALL BE LIMITED TO THE AMOUNT RECEIVED BY ACCURIS FROM YOU HEREUNDER.

B. If at any time an allegation of infringement of any rights of any third party is made, or in Accuris’ opinion is likely to be made, with respect to any of the Publications , Accuris may, at its option and at its own expense (i) obtain for You the right to continue using the Publications, (ii) modify or replace the Publications or any portion thereof so as to avoid any such claim of infringement, or (iii) refund to You the License Fee. Neither Accuris, nor its affiliates shall have any liability to You if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Publications supplied or offered to be supplied pursuant to this Section 9(b) or to otherwise cease using the Publications.

C. Section 9(b) states the entire liability of the Accuris and its affiliates with respect to the infringement or alleged infringement of any third-party rights of any kind whatsoever by any of the Publications.

10. Export Control and Sanctions

A. You shall comply with all applicable export laws and regulations of the United States and other relevant local export laws as they apply to the Publications licensed by Accuris under this Agreement.

B. You represent and warrant that You: (a) are not owned or controlled by, nor own or control, nor are under common control with (in each case directly or indirectly, individually or in the aggregate) any person or entity (including any director or corporate officer) that is the subject of Sanctions; (b) are not an agency or instrumentality of or an entity owned or controlled by the government(s) of an Embargoed Country; or (c) are not located organized, or resident in an Embargoed Country, or owned or controlled, directly or indirectly, by any person located, organized, or resident in an Embargoed Country. You will promptly notify Accuris if any of these circumstances change.

11. Privacy

Accuris will handle all personal data collected under this Agreement in accordance with Accuris’ Privacy Policy located at https://accuristech.com/legal/online-terms-and-legal-policies/.

12. Force Majeure

Neither party shall be liable for a failure to perform under this Agreement to the extent that the party is prevented from performing its obligations by any cause beyond its reasonable control (force majeure), provided such cause does not arise from the party's fault or neglect, and provided further that the party unable to perform promptly notifies the other party of the commencement, nature and projected termination of the cause.

13. Severability

If any portion of this Agreement is held to be unenforceable, said portion shall be severed from this Agreement, the remainder of which shall continue in effect.

14. Jurisdiction and Venue

This Agreement will be governed by the laws of the State of New York, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction of New York courts. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.

15. How to Contact Us

If you have any questions or comments about this Agreement, please contact our legal department at the following address:
Allium US Holding LLC, Accuris
7979 E. Tufts Ave., Suite 300
Denver, CO 80237
Attn: Accuris Legal Department
legal@accuristech.com

Thank you for visiting our Retail Store!

Updated January 2025