DISCLAIMER
THE RESULTS PROVIDED IN THE ANDERSEN WINDE SERVICES ARE INTENDED TO BE USED AS
AN AID TO ONLY A QUALIFIED DESIGN PROFESSIONAL FOR THE DESIGN OF BUILDING COMPONENTS
AND CLADDING TO RESIST WIND LOADS. WHILE THESE COMPONENTS ARE IMPORTANT IN THE OVERALL
WIND RESISTANCE OF A STRUCTURE, DESIGN OF A CONTINUOUS LOAD PATH AND OTHER LOAD-RESISTING
COMPONENTS AND LOAD DIRECTIONS MUST BE PERFORMED FOR A COMPLETE DESIGN. FOR A COMPLETE DESIGN
TO RESIST WIND LOADS, A PROFESSIONAL ENGINEER SHOULD BE CONSULTED. YOU SHOULD CONSULT WITH
A QUALIFIED STRUCTURAL ENGINEER, ARCHITECT, CODE OFFICIAL, AND OTHER PROFESSIONALS FOR VERIFICATION
OF DESIGN PRESSURE REQUIREMENTS AND TO ANSWER ANY QUESTIONS YOU MAY HAVE REGARDING THE CODES
AND STANDARDS GOVERNING CONSTRUCTION IN YOUR LOCAL AREA. THE DESIGN PRESSURE NUMBERS PROVIDED
IN THE ANDERSEN WINDE SERVICE ARE ESTIMATES ONLY AND ARE PROVIDED PURELY FOR
ILLUSTRITIVE PURPOSES. YOU SHOULD NOT RELY ON THE ANDERSEN WINDE SERVICE FOR MAKING
ANY BUILDING OR DESIGN DECISIONS. REQUIRED DESIGN WIND PRESSURES FOR WINDOWS AND /OR DOORS
FOR A PARTICULAR PROJECT SHOULD BE VERIFIED BY A LOCAL CODE OFFICIAL BEFORE SPECIFYING THE
WINDOW AND /OR DOOR.
LIMITATIONS
Loads and pressures provided by this program are ASD (allowable stress design) loads and pressures.
The strength design pressures calculated from ASCE 7-10 or ASCE 7-16 have been multiplied by 0.6 in accordance
with Section 2.4 in ASCE 7-10 or ASCE 7-16 to convert to allowable stress design loads or pressures.
Mean roof height, h ≤ 60 ft
Gust Effect Factor, G = 0.85 (Rigid building).
Internal pressure coefficient, GCpi = +/- 0.18
Window design wind pressures are based on an enclosed structure using the Low-rise Buildings provisions of Section 30.4 in ASCE 7-10 or Section 30.3 in ASCE 7-16.
See definition of "Building, Enclosed" in ASCE 7-10 or ASCE 7-16.
In Wind-borne Debris Regions (as defined in Section 26.2 of ASCE 7-10 or ASCE 7-16), the calculations assume all glazed openings are impact-resistant
glazing or are protected with an impact-protective system. See Section 26.10 in ASCE 7-10 or Section 26.12 in ASCE 7-16.
SUBSCRIPTION
ANDERSEN grants SUBSCRIBER a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use and access the Andersen Winde Service
according to the terms of this Agreement for the limited purpose of aiding a qualified design professional in the estimation
of design wind pressures for windows and/or doors (the “Subscription Right”). SUBSCRIBER may only use and access the Andersen Winde
Service on a device owned by or under the control of SUBSCRIBER. Andersen Winde
SUBSCRIBER will not do any of the following: (1) reverse engineer, decompile or disassemble all or any part of the Andersen Winde Service;
(2) transfer, rent, distribute, disseminate, assign, license, sublicense, or pledge any part of the Andersen Winde Service; (3)
remove or alter any ANDERSEN proprietary notices, labels, or marks on any part of the Andersen Winde Service; (4) copy, make
derivative works of, change, or modify the Andersen Winde Service or any portion thereof; (5) use the Andersen Winde
Service to send, post, or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material violative
of third party privacy rights; (6) use the Andersen Winde Service to send, post, or store material containing software viruses,
worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (7) change, modify, interfere with or disrupt
the integrity or performance of the Andersen Winde Service (including the data contained therein); (8) share passwords or user
IDs among different users; (9) attempt to circumvent any security features of the Andersen Winde Service; (10) access the
Andersen Winde Service in a country other than the United States or Canada; or (11) attempt to gain or permit unauthorized
access to the Andersen Winde Service or its related systems or networks. SUBSCRIBER will use the Andersen Winde Service
in compliance with all laws, rules, and regulations including, but not limited to, export control laws and regulations.
SUBSCRIBER will immediately notify ANDERSEN in writing if SUBSCRIBER becomes aware of any violation of this Agreement.
The rights and obligations in this paragraph survive termination of this Agreement. SUBSCRIBER is liable for all actions taken on
its account(s). If they exist, SUBSCRIBER will not provide its passwords or user names to a third party.
CONFIDENTIALITY
SUBSCRIBER acknowledges that the Andersen Winde Service may contain confidential information proprietary to ANDERSEN. SUBSCRIBER agrees to
maintain the confidentiality of such information and, to the extent that other information is not publicly available or has not
become independently known to SUBSCRIBER, SUBSCRIBER agrees to maintain the confidentiality of such proprietary information.
SUBSCRIBER will not share ANDERSEN confidential information with any third party without Andersen’s written consent.
SUBSCRIBER will use the Andersen Winde Service for the sole purpose of estimating allowable stress design (ASD)
wind pressures for windows and/or doors. The rights and obligations in this paragraph survive the termination of this Agreement.
The inclusion of a copyright notice on or in any part of the Andersen Winde Service will not cause or be construed to cause
it to be a published work. Any communication, data, or material submitted to the Andersen Winde Service by SUBSCRIBER or its
affiliates, including by electronic mail and/or Andersen Winde Service submission, is considered to be non-confidential and nonproprietary
information of SUBSCRIBER, but may be confidential information of ANDERSEN.
SUBSCRIBER maintains, and will continue to maintain, appropriate administrative, technical, and physical safeguards to ensure the security, confidentiality,
and integrity of ANDERSEN’s confidential information, applications, data, networks, systems, and databases and protect against the unauthorized access,
disclosure, use, destruction, loss or alteration of such confidential information, applications, data, networks, systems and databases (collectively,
the “Data Safeguards”). SUBSCRIBER further agrees that it will monitor and test its Data Safeguards from time to time, and further agrees to adjust
its Data Safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. SUBSCRIBER will
immediately notify ANDERSEN of any breach or suspected breach of any obligations in this Section titled “Confidentiality” and/or of SUBSCRIBER’s
systems or networks by a third party, including, but not limited to, any such breach or suspected breach of its third party vendors’ systems or
networks (“Breach Notification”). The Breach Notification must be in writing and must include, at a minimum, the data or systems compromised or
believed to be compromised, the nature of the compromise, the dates of the compromise, whether ANDERSEN’s information was compromised or potentially
compromised, and any mitigating measures that SUBSCRIBER has taken or will take to prevent further breaches or suspected breaches from occurring.
The rights and obligations in this paragraph survive termination of this Agreement.
OWNERSHIP; SUBSCRIBER PROVIDED SUGGESTIONS AND DATA
ANDERSEN (and its licensors, where applicable) shall own all right, title and interest in and to the Andersen Winde Service. This Agreement
is not a sale and does not convey to SUBSCRIBER any rights of ownership in or related to the Andersen Winde Service. SUBSCRIBER recognizes
ANDERSEN’s and its licensors’ intellectual property rights in the Andersen Winde Service and its content including, but not limited to, patent,
trademark, copyright, know-how, and trade secret rights. SUBSCRIBER acknowledges and agrees that ANDERSEN retains all title and ownership rights to
the Andersen Winde Service and its content. All data derived or output from the Andersen Winde Service is the sole property of
ANDERSEN (and, to the extent SUBSCRIBER has any rights, title, or interest in such data, SUBSCRIBER will assign, and hereby does assign, all
its right, title, and interest in such data to ANDERSEN). All rights not expressly granted to SUBSCRIBER are reserved by ANDERSEN and, where
applicable, its licensors.
ANDERSEN (and its licensors, where applicable) shall own all right, title and interest in and to any suggestions, ideas, enhancement requests,
feedback, recommendations or other information provided by SUBSCRIBER or any other party relating to the Andersen Winde Service
(collectively, the “Andersen Winde Service Suggestions”). SUBSCRIBER will assign, and hereby does assign, and shall cause any third
party that uses or views the Andersen Winde Services hereunder to assign, to ANDERSEN and its successors and assigns, without further
consideration, the entire right, title and interest in and to all of the Andersen Winde Service Suggestions and associated intellectual
property rights. SUBSCRIBER represents and warrants that SUBSCRIBER has the right to provide the Andersen Winde Service Suggestions
to ANDERSEN, SUBSCRIBER has received all necessary authorizations and consents necessary for ANDERSEN’s ownership of the Andersen Winde
Service Suggestions, and that the Andersen Winde Service Suggestions do not infringe on the intellectual property rights of a third party.
To the extent ANDERSEN does not already have rights in the data SUBSCRIBER inputs into the Andersen Winde Service, SUBSCRIBER hereby
grants to ANDERSEN a perpetual, transferrable, sublicensable, worldwide, royalty free right and license to use, access, modify, change, copy,
aggregate, transfer, sell, and display such data for any purpose. SUBSCRIBER represents and warrants that SUBSCRIBER has the right to
provide the data to ANDERSEN, SUBSCRIBER has received all necessary authorizations and consents necessary for ANDERSEN’s license to the data,
and that the data does not infringe on the intellectual property rights of a third party.
SUBSCRIBER shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of any data it
provides to ANDERSEN. ANDERSEN shall have no obligation to maintain or provide any data or perform any work due to any Andersen Winde
Service Suggestions and may, without notice, delete any or all data and Andersen Winde Service Suggestions in the Andersen Winde
Service, its systems, or otherwise in its possession or under its control without liability.
The rights and obligations in this section survive termination of this Agreement.
TERM; TERMINATION; SUSPENSION; SURVIVAL
Subject to ANDERSEN’s right to terminate or suspend access to the Andersen Winde Service with or without notice below, this
Agreement, including the Subscription Right granted hereunder, may be terminated at ANDERSEN’s option with or without cause at any
time upon notice to SUBSCRIBER given personally, via electronic mail, by publication, or by any other method reasonably designed to
notify SUBSCRIBER including, but not limited to, removing access to the Andersen Winde Service. Immediately upon termination
of this Agreement, SUBSCRIBER’s rights under this Agreement will immediately cease and SUBSCRIBER will immediately stop accessing the
Andersen Winde Service or any portion thereof. Upon termination of this Agreement for any reason, certain terms that by their
express words or intent survive termination of this Agreement will survive termination of this Agreement including, but not limited to,
those related to confidentiality, ownership, data, survival, no representations or warranties, limitation of liability, indemnification,
links to third party websites, governing law and jurisdiction, class action waiver, and the general provision. For the avoidance of doubt,
if this Agreement terminates, then the Subscription Right will automatically terminate. The rights and obligations in this paragraph survive
termination of this Agreement.
PAYMENT
ANDERSEN will provide the Andersen Winde Service at no charge to SUBSCRIBER.
NO REPRESENTATIONS OR WARRANTIES
THE ANDERSEN WINDE SERVICES SUBSCRIBED TO HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
ANDERSEN HEREBY EXPRESSLY DENIES AND DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR THAT THE ANDERSEN WINDE SERVICES IS DELIVERED FREE OF ANY CLAIMS OF
INFRINGEMENT, TITLE, UPTIME, OR OTHER RIGHTS OF THIRD PARTIES OR FREE FROM VIRUSES, TROJAN HORSES, OR OTHER MALWARE. ANDERSEN IS NOT RESPONSIBLE
FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO, YOUR SYSTEM, DATA, OR PROGRAMS AND IS IT NOT RESPONSIBLE FOR ISSUES WITH, OR OUTAGES
IN, THE INTERNET OR OTHER THINGS BEYOND ITS REASONABLE CONTROL. FURTHER, ANDERSEN MAKES NO REPRSENTATION OR WARRANTY THAT THE ANDERSEN WINDE
SERVICES COMPLIES WITH ANY LAW, RULE, CODE, OR REGULATION.
LIMITATIONS OF LIABILITY; INDEMNIFICATION
IN NO EVENT WILL ANDERSEN, ITS AFFILIATES OR ANDERSEN’S LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA,
LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INDIRECT DAMAGES ARISING OUT OF, OR RELATED TO,
THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ANDERSEN WINDE SERVICES, OR THE ACCURACY OR PERFORMANCE OF THE ANDERSEN WINDE
SERVICES SUBSCRIBED TO HEREUNDER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ANDERSEN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE
OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, INTERNET OUTAGE OR SLOWDOWNS, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER
HARMFUL COMPONENT. THE TERMS OF THIS PARAGRAPH WILL APPLY UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, WHETHER THE THEORY OF
LIABILITY IS IN TORT, IN CONTRACT, IN EQUITY, AND/OR UNDER THE LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANDERSEN, ITS AFFILIATES, AND THEIR EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND CONTRACTORS
FROM ANY CLAIM AND/OR LAWSUIT BY A THIRD PARTY THAT RELATES TO, OR ARISES FROM, ANY ONE OR MORE OF THE FOLLOWING: (1) YOUR NEGLIGENCE OR INTENTIONAL
MISCONDUCT, OR (2) YOUR BREACH OF THIS AGREEMENT, OR (3) YOUR USE OF THE ANDERSEN WINDE SERVICES.
THE RIGHTS AND OBLIGATIONS IN THIS SECTION SURVIVE TERMINATION OF THIS AGREEMENT.
LINKS TO THIRD PARTY WEBSITES
As a convenience to SUBSCRIBER, ANDERSEN may provide links to websites operated by others. ANDERSEN makes no representations or warranties about
websites accessed through the Andersen Winde Service which are not maintained, controlled or created by ANDERSEN and does not endorse any
linked websites or the information appearing thereon. Links do not imply that ANDERSEN endorses, is affiliated with, or associated with such linked
websites. You assume the risk of the use of such websites.
GOVERNING LAW; JURISDICTON; NO CLASS ACTIONS
This Agreement will be governed by and interpreted under the laws of the State of Minnesota, United States of America, without regard to conflict of
laws, as to all matters, including without limitation, matters of performance, effect and remedies. Other than a claim for injunctive relief brought
by ANDERSEN, any legal action or claim related to this Agreement and/or the Andersen Winde Service must be brought in the state or federal courts
in St. Paul, Minnesota, and SUBSCRIBER agrees to the personal jurisdiction and venue of such courts and SUBSCRIBER further agrees that such courts are
not an inconvenient forum or venue. Any legal action or claim related to this Agreement and/or the Andersen Winde Service must be brought on
an individual basis and without resort to any form of class action. In addition to all other rights and remedies under the law, in equity, or pursuant
to the terms of this Agreement, ANDERSEN may obtain injunctive relief for SUBSCRIBER’S breach of the terms of this Agreement.
GENERAL
ANDERSEN reserves the right at any time and from time to time to modify the Andersen Winde Service or discontinue or suspend providing access
to the Andersen Winde Service (or any part thereof), temporarily or permanently, with or without notice to SUBSCRIBER. SUBSCRIBER agrees that
ANDERSEN will not be liable to SUBSCRIBER for any modification, suspension or discontinuance of the Andersen Winde Service or its content.
ANDERSEN also reserves the right to change the terms, conditions, and notices for the Andersen Winde Service at any time by updating this
Agreement, and SUBSCRIBER’s use of the Andersen Winde Service following any such changes will constitute SUBSCRIBER’s consent to such modified
terms. SUBSCRIBER agrees to review these terms regularly to verify any changes. This Agreement contains the entire understanding of the parties
with respect to the subject matter hereof and supersedes any prior agreement, understanding, or communication between the parties with respect to
the subject matter hereof. SUBSCRIBER may not assign or transfer this Subscription Right or this Agreement. If any term of this Agreement is to any
extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such illegality, invalidity, or
unenforceability; all other terms of this Agreement shall remain in full force and effect; and, to the extent possible, the illegal, invalid, or
unenforceable term shall be deemed replaced by a term that is legal, valid, and enforceable and that comes closest to expressing the intention of
such illegal, invalid, or unenforceable term. Lack of enforcement of any term or condition in this Agreement shall not be construed as a waiver of
any rights conferred by such term or condition. ANDERSEN may provide any notices hereunder in any manner that is reasonable under the circumstances,
including, but not limited to, posting changes on the Andersen Winde Service, changing the terms of this Agreement, electronic mail, text, or
US mail. Please review ANDERSEN’s privacy policy located at: http://www.andersenwindows.com/. The rights and obligations of this section survive
termination of this Agreement.
