CONDITIONAL USE AGREEMENT [OR TERMS OF USE]

By pressing Accept and thereby obtaining access to the Barr Tank Emission Calculator Spreadsheet, User is granted access subject to the following Conditional Use Agreement:

BY USING THIS FREE VERSION OF Barr Tank Emission Calculator Spreadsheet USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER ALSO AGREES THAT, UNLESS USER HAS A DIFFERENT AGREEMENT SIGNED BY BARR ENGINEERING CO. (BARR) RELATED TO THIS Barr Tank Emission Calculator Spreadsheet, USER’S USE OF THIS Barr Tank Emission Calculator Spreadsheet INDICATES USER’S ACCEPTANCE OF THIS AGREEMENT AND LIMITED WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE THE SPREADSHEET FROM ALL STORAGE MEDIA.

Provided that User is in full compliance with the provisions of this Agreement, User shall have, and Barr hereby grants to User, a non-exclusive, non-transferable, non-assignable right to use the Barr Tank Emission Calculator Spreadsheet.

Barr uses cookies on this site to enhance your User experience. By clicking any link on this page User is giving User’s consent for Barr to set cookies.

Access is allowed only to those who have been provided with a user name and password by Barr. Barr may request that User reaffirm its agreement with these terms on an annual basis. Failure by Barr to request such reaffirmation, however, shall not relieve User from complying with all terms of this Agreement. If User has not been expressly permitted access to Barr Tank Emission Calculator Spreadsheet by Barr, then User shall immediately log off and cease all use of this site and Barr Tank Emission Calculator Spreadsheet.

User may purchase Barr professional services for installation, implementation and deployment of the Barr Tank Emission Calculator Spreadsheet under a separate Services Agreement between Barr and User.

User acknowledges that: (i) Barr owns all right, title, and interest (including all associated intellectual property rights) in and to the Barr Tank Emission Calculator Spreadsheet, including all enhancements, modifications, improvements, derivative works, or other changes or additions made thereto by Barr (alone or with others); and (ii) except as expressly otherwise set forth nothing herein shall be construed as conferring upon User any right, title, or interest in any intellectual property right of Barr or in any designs, copyrights, patents, trademarks, trade names or trade dress.

User is responsible for procuring, installing, and maintaining all equipment, telephone, internet, and data communications lines, communications interfaces, and other hardware necessary to connect to and operate the Barr Tank Emission Calculator Spreadsheet.

User may not: (i) copy the Barr Tank Emission Calculator Spreadsheet in any manner whatsoever; (ii) sell, lease, transfer, assign, license, sublicense, transmit, disclose, or divulge to, or permit use by, or in any way whatsoever make available to, any third-party the Barr Tank Emission Calculator Spreadsheet except either as otherwise set forth herein or without Barr’s prior written consent; (iii) in whole or in part, decompile, disassemble, reprogram, analyze, reverse engineer, or otherwise attempt to derive or modify the Barr Tank Emission Calculator Spreadsheet; (iv) write or develop any software programs that, under the provisions of, or regulations or rules promulgated in accordance with, the United States Copyright Law (Title 17 U.S. Code), would be considered “derivative works” of the Barr Tank Emission Calculator Spreadsheet, its source code, or any information related thereto; or (v) permit its personnel to either remove any proprietary or other legend or restrictive notices contained or included in any material provided by Barr or reproduce or copy any such material except as expressly authorized hereunder.

By uploading, submitting, storing, sending or receiving content to or through this site, you give Barr a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights granted in this license are for the limited purpose of operating, promoting, and improving Barr services and Barr Tank Emission Calculator Spreadsheet, and to develop new ones. This license continues even if User stops using Barr Tank Emission Calculator Spreadsheet (for example, for a business listing you have added to Google Maps). User is responsible for ensuring it has the necessary rights to grant Barr this license for any content that User submits to Barr.

Export Control. User acknowledges that the Barr Tank Emission Calculator Spreadsheet is subject to restrictions and controls imposed by the U.S. Export Administration Act, as amended, and other applicable laws, rules, and regulations of the United States and foreign countries, and the Parties agree to comply with all such applicable rules and regulations.

Barr provides Barr Tank Emission Calculator Spreadsheet for the convenience of the User. Barr makes no representation regarding the authenticity, accuracy, completeness, or permanence of the Barr Tank Emission Calculator Spreadsheet, or for their merchantability or fitness for a particular purpose. The Barr Tank Emission Calculator Spreadsheet is not "sealed" within the meaning of any engineering registration law or rule. If errors are found by the User or changes to the Barr Tank Emission Calculator Spreadsheet are made, the User shall document those errors and changes made and provide that information to Barr. In no event can Barr represent or guarantee that a facility is in compliance with all environmental laws and regulations by using Barr Tank Emission Calculator Spreadsheet. Authority for making final compliance or agency program determinations can rest only with appropriate regulatory officials.

Barr developed the Barr Tank Emission Calculator Spreadsheet exclusively for a specific purpose, and User acknowledges that the Barr Tank Emission Calculator Spreadsheet may not be suitable for other uses or computer applications. In no case shall User transfer the Files to others without the prior written consent of Barr.

The use of Barr Tank Emission Calculator Spreadsheet does not negate the User's responsibility for verifying that the information and Barr Tank Emission Calculator Spreadsheet is suitable for User's needs.

Barr makes no representation as to the compatibility of the Barr Tank Emission Calculator Spreadsheet with any hardware or software. Barr uses reasonable efforts to eliminate contamination but cannot guarantee that Barr Tank Emission Calculator Spreadsheet is free from contamination and User uses Barr Tank Emission Calculator Spreadsheet at its sole risk.

Because the data and information set forth in the Barr Tank Emission Calculator Spreadsheet can be modified unintentionally or otherwise, User may not represent to others that Barr Tank Emission Calculator Spreadsheet is that of Barr except with prior written consent of Barr.

Barr has no responsibility with respect to User's use of the Barr Tank Emission Calculator Spreadsheet. User shall defend, indemnify, and hold Barr harmless with respect to any claims, damages, losses, expenses, penalties, liabilities, or costs (including, but not limited to, fees and charges of attorneys and other professionals and court or arbitration or other dispute resolution costs) to the extent that the same are caused by User's use of the Barr Tank Emission Calculator Spreadsheet.

Barr believes that no licensing or copyright fees are due to others on account of the transfer of the Barr Tank Emission Calculator Spreadsheet, but to the extent any are, the User will pay the appropriate fees and hold Barr harmless from such claims as may arise.

The laws of the State of Minnesota govern this agreement without reference to its conflict of laws rules or principles. Barr and User irrevocably submit to the exclusive jurisdiction of the state and federal courts of Minnesota seated in Hennepin County for the interpretation and enforcement of this Agreement, and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding and any right of jurisdiction on account of the place of residence or domicile.

Further access may be refused without notice, at any time, and in Barr's complete discretion.

NOTICE: This computer is a protected computer within the meaning of 18 U.S.C. §1030. Whoever accesses this computer without authorization or in excess of authorization may be subject to civil suits for compensatory damages and criminal prosecution under laws of the United States.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS UNAMBIGUOUSLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT, BARR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER WITH RESPECT TO Barr Tank Emission Calculator Spreadsheet, THE DATA DERIVED THEREFROM, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NONINFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MIGHT OTHERWISE BE DETERMINED TO ARISE UNDER THE PROVISIONS OF THIS AGREEMENT OR AS A RESULT OF THE PARTIES ACTIONS PURSUANT HERETO. BARR DOES NOT WARRANT THAT Barr Tank Emission Calculator Spreadsheet, OR ANY PORTION THEREOF, ARE ERROR OR BUG FREE, COMPATIBLE OR OTHERWISE ABLE TO BE INTEGRATED WITH THIRD-PARTY APPLICATIONS, OR THAT USER’S USE OF THE Barr Tank Emission Calculator Spreadsheet, OR ANY PORTION THEREOF, WILL BE UNINTERRUPTED.

Restrictions on Type of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS OR EXPENSES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST GOODWILL, BUSINESS INTERRUPTION, LOST BUSINESS, LOST SAVINGS, LOST OPPORTUNITY, LOST DATA, OR DELAYS IN PERFORMANCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF AND REGARDLESS OF WHETHER SOUGHT IN AN ACTION AT LAW OR IN EQUITY AND REGARDLESS OF WHETHER BROUGHT AS A CONTRACT ACTION, TORT, STRICT LIABILITY, STATUTORY CLAIM, OR OTHERWISE.

Maximum Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EITHER PARTY HERETO TO THE OTHER PARTY (INCLUDING WITHOUT LIMITATION THE SUPPLIERS, AGENTS AND EMPLOYEES THEREOF) ARISING UNDER OR IN CONNECTION WITH THIS Barr Tank Emission Calculator Spreadsheet OR THIS AGREEMENT, ALL CLAIMS INCLUSIVE, SHALL NOT EXCEED THE SUM PAID TO BARR FOR USE OF Barr Tank Emission Calculator Spreadsheet, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE).

Barr may, at any time for any reason, suspend or terminate User’s access to Barr Tank Emission Calculator Spreadsheet without notice.

User agrees to notify Barr immediately upon termination of any User employee who has access to Barr Tank Emission Calculator Spreadsheet.
Neither this Agreement, nor any rights or obligations provided hereunder, may be assigned by User except with the prior written consent of Barr. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon each Party’s permitted successors and assigns.
Severability. If any provision of this Agreement or the application hereof is, to any extent, held invalid or unenforceable, the remainder of this Agreement or the application of such provision other than those as to which it is invalid or unenforceable will not be affected thereby, and each provision of this Agreement will be valid and enforceable to the extent permitted by law.

Waiver. The waiver by either Party of any term or condition of this Agreement shall not constitute a continuing waiver thereof nor of any further or additional right that such Party may hold under this Agreement.

Survival. Termination of this Agreement shall not relieve User’s.
Third-Party Beneficiaries. Except as otherwise set forth herein, no person or entity other than Barr and User may rely on, or may claim the benefit of, or may seek to enforce any provision of this Agreement.

Entire Agreement. This Agreement constitutes the full and complete statement of the agreement of the Parties with respect to the subject matter hereof and supersedes any previous or contemporaneous agreements, understandings or communications, whether written or oral, relating to such subject matter. No modification or amendment of this Agreement or any of its provisions shall be binding upon any Party unless made in writing and duly executed by authorized representatives of the Party to be bound.

Privacy policy
Our use of cookies
Barr uses cookies (small pieces of text that store information on your computer or mobile device) to enable our website to function properly and improve your experience while navigating our site. We do not use cookies to capture or store any of your personal information.
We use Google Analytics to collect anonymous traffic data about your use of this website, such as pages visited, the browser and operating system used, and time spent viewing pages. This information helps us improve the site. We don’t capture or store personal data associated with any of this information.

Our website also offers links to social media sites such as Facebook, Twitter, and LinkedIn. These sites use cookies that are controlled by their own privacy policies.

Information collection and protection
We do collect information that you provide directly to us, including but not limited to, by completing a “Contact Us” form on barr.com, sending us an email request for information, applying for a job, or accepting an event invitation through the website. We never share or sell your information and use it only for the purpose for which you provide it.

User may choose at any time to remove User’s name, telephone number, fax number, and postal and email addresses from the lists Barr uses to send notices or updates and elect not to receive correspondence from Barr by emailing at communications@barr.com.

I hereby agree that by pressing Accept the permission granted to me by Barr Engineering Co. to obtain and use the Barr Tank Emission Calculator Spreadsheet is subject to the foregoing conditions, which I understand and accept.