Approval Terms and Conditions Of Use

This Agreement (the "Agreement") is between you, an individual, ("Licensee" or "you") and FM Approvals LLC, a Rhode Island limited liability company, with offices at 1301 Atwood Avenue, PO Box 7500, Johnston RI 02919 (hereinafter "FM Approvals" or "us").

The Agreement sets forth the terms and conditions for your use of the Approval Guide (the "Approval Guide"). Your access to the Approval Guide is provided through the public Web site, www.fmapprovals.com (the "Site"), maintained by FM Approvals and its parent, Factory Mutual Insurance Company ("FM Global"). Your access to the Site is subject to the Site disclaimer and to applicable provisions of this Agreement. Your access to any portion of the Approval Guide, however, is subject to your acceptance of the terms and conditions of this Agreement. Upon acceptance of this Agreement, you may proceed to register for the use of the content and functionality of the Approval Guide. The terms of this Agreement will continue to apply to any and all continued use of the Approval Guide by you.

1. Grant of License.

   In consideration of your agreement to be bound to the terms of this Agreement, FM Approvals grants you a non-exclusive and non-transferable right and license to use the Approval Guide on one computer,only, until such license is terminated in accordance with this Agreement.

2. Fees and Registration.

   The Approval Guide is made available to you without charge. However, you are responsible for all charges associated with connecting to the Site and to the Approval Guide, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Site or the Approval Guide.

   For purposes of identification, you agree to provide FM Approvals with accurate, complete, and updated information ("Registration Data"), including your name, address, telephone number(s) and electronic mail address(es). Upon your acceptance of this Agreement, FM Approvals will assign you the user name and password you specified during registration. You will be able to go online to change your password at any time, at your discretion. The password is for your use only and you are solely responsible for maintaining the confidentiality of the password and agree that FM Approvals will have no obligations with regard thereto.

   You may check, following help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at FM Approvals' option, result in immediate suspension or termination of your license to use the Approval Guide.

   You agree to promptly update your Registration Data, following help instructions, in the event of any known or suspected unauthorized use of your license, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your license until you update your Registration Data. If your license is subject to use without your authorization, follow help instructions to update your Registration Data.

   FM Approvals reserves the right to institute fees for the use of the Approval Guide at any time, upon reasonable notice posted in advance on the Site for any new or existing registrations.

3. Certain Restrictions.

   You understand that the Approval Guide is a proprietary product of FM Approvals and is protected by copyright law. You may not copy, share or otherwise make the Approval Guide available, in whole or part, to any other party, including but not limited to use of your computer by other individuals or by posting on an internal or external website accessible to others. You also agree not to interrupt, or attempt to interrupt, the operation of the Approval Guide in any way. This Agreement does not provide you with title or ownership of the Approval Guide, but only a right of limited use. Subject only to this license and other licenses which FM Approvals in its sole discretion may make, FM Approvals retains sole and exclusive ownership of all right, title, and interest in and to The Approval Guide, and any modifications, enhancements and derivatives, and all copies thereof.

   You agree not to use the registered trademark "The Approval Guide" or any other trademarks, service marks, certification marks, names, logos, or other identifiers of FM Approvals or its affiliates, including but not limited to FM Global (collectively, "Affiliates") without the prior written permission of FM Approvals or the relevant Affiliate.

4. Disclaimer of Undertaking.

   The Approval Guide is provided solely as a tool to enable the user to identify FM Approved products. You assume full responsibility for the identification and selection of products which you might use or recommend be used in connection with any projects or services.

5. Disclaimers of Warranty.

   THE APPROVAL GUIDE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FM Approvals does not warrant that the Approval Guide will meet Licensee's requirements or that operation of the Approval Guide will be uninterrupted or error-free. FM Approvals assumes no responsibility by or through the use of the Approval Guide, for the selection of the Approval Guide to achieve desired results, or for results obtained or not obtained from the Approval Guide. Information on The Approval Guide is subject to change at any time at the sole discretion of FM Approvals, without notice to Licensee.

   FM Approvals warrants only that particular products and services identified in the Approval Guide have been found to satisfy criteria for Approval, based on research, examinations and inspections performed by FM Approvals according to FM Approvals requirements or recognized national and international requirements.

   THEREFORE, FM APPROVALS, WHETHER BY VIRTUE OF THE PROVISION OF THE APPROVAL GUIDE OR THE INDICATION THAT A PARTICULAR PRODUCT MEETS FM APPROVALS STANDARDS, MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MANUFACTURERS' PRODUCTS OR SERVICES, OR OTHERWISE, OR THAT AN APPROVED MANUFACTURERS' PRODUCT AND/OR SERVICE WILL NOT FAIL, MALFUNCTION OR BE DEFECTIVE IN ANY PARTICULAR APPLICATION. FM APPROVALS HAS NOT DETERMINED ALL FORESEEABLE USES OR MISUSES OF A MANUFACTURER'S PRODUCT AND/OR SERVICE.

6. LIMITATION OF LIABILITY; INDEMNIFICATION.

   IN NO EVENT WILL FM APPROVALS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OR PROFIT OR OTHER ECONOMIC LOSS) OR OTHER DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF FM APPROVALS HAS BEEN ADVISED OF THE POSSILITY OF SUCH DAMAGES ARISING OUT OF THE FURNISHING, PERFORMANCE, USE OF, OR INABILITY TO USE THE APPROVAL GUIDE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. YOU ALSO AGREE TO HOLD HARMLESS AND INDEMNIFY FM APPROVALS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUSIVE OF CLAIMS, SUITS, LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING ATTORNEY'S FEES)) TO YOU, ANY END USER OF YOUR PRODUCTS OR SERVICES, OR ANY OTHER THIRD PARTY FOR ANY TYPE OF INJURY OR DAMAGE, INCLUDING WITHOUT LIMITATION, LOSS OF EARNINGS OR PROFITS CAUSED BY OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE APPROVAL GUIDE, ANY COPYING OR SHARING OF THE APPROVAL GUIDE BY YOU, AND ANY BREACH OF THIS AGREEMENT BY YOU.

7. Modifications/Termination of the Approval Guide.

   (a) Modifications. FM Approvals has the sole discretion and right to modify the Approval Guide, its functionality, content, and the standard terms and conditions of this Agreement as they may be applicable to future registrations by you or any other party. Any such modification is effective immediately upon posting to the Approval Guide. Your continued use of the Approval Guide following any modification shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision is to discontinue your use of the Approval Guide.

   (b) Termination. FM Approvals retains the sole discretion and right to terminate the Approval Guide at any time.

8. Termination of this Agreement.

   FM Approvals reserves the right to terminate your access to the Approval Guide, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If FM Approvals terminates this Agreement based on a breach of any portion of this Agreement, we reserve the right to refuse to provide any access to the Approval Guide to you in the future.

   FM Approvals will also terminate your registration and access to the Approval Guide, without notice, if you do not make use of the Approval Guide for any one year period. In such case, you may re-register, subject only to FM Approvals rights herein to deny registrations, and without any right to previous user names or passwords.

9. Miscellaneous.

   (a) No Assignment. This Agreement shall not be assigned or transferred by you to another party without prior written authorization by FM Approvals and any such attempted assignment or transfer shall be null and void.

   (b) Governing Law; Jurisdiction. This Agreement shall be construed and governed in accordance with the Laws of the State of Rhode Island, without giving effect to the principles of conflict of laws thereof. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts of Rhode Island.

   (c) Entire Agreement/Waiver. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and merges all prior agreements, oral or written between them as to that subject matter. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

   (d) Survival. The provisions of sections 3, 4, 5, and 6 shall survive any termination of this Agreement.