AGARD2 Footprints and Models

AGARD2

Hoffman Enclosures, Inc.

2 IN FAN GUARD

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This CAD Model Agreement (the “Agreement”) applies to any CAD Model (each a “Model” and collectively “Models”) you request from Digi-Key Corporation (“DigiKey”) and is a legally binding agreement between you and DigiKey. BY CLICKING “DOWNLOAD” BUTTON, YOU AGREE ON BEHALF OF YOURSELF, YOUR EMPLOYER, AND ANY OTHER PERSON OR ENTITY THAT YOU REPRESENT OR FOR WHICH YOU ARE THE AGENT (COLLECTIVELY REFERRED AS “YOU” OR “YOUR”) THAT YOU ARE BOUND BY THIS AGREEMENT. This Agreement is in addition to and supplements DigiKey’s Website Terms of Use and Conditions of Order. By agreeing to this Agreement you reaffirm your agreement to DigiKey’s Website Terms of Use and Conditions of Order. To the extent there is a conflict between this Agreement and DigiKey’s Website Terms of Use and Conditions of Order, this Agreement will control with respect to the Models you request. For the avoidance of doubt and without limiting the preceding, DigiKey’s Conditions of Order shall apply to any purchase of products by you from DigiKey.

1. Model Provided “As Is” Without Warranty. EACH MODEL IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK OF YOUR USE OF A MODEL. UNDER NO CIRCUMSTANCES SHALL DIGIKEY BE LIABLE FOR ANY DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON A MODEL.

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3. Your Representations and Warranties. You represent that you as an individual are at least eighteen (18) years of age and that you as an individual are able to bind your employer and any other person or entity that you represent or for which you are the agent to the terms of this Agreement. You further represent, warrant, and agree that you will not use Models to infringe or violate any right of any third party, including without limitation any intellectual property right, to create a product or service that infringes or violates any right of any third party, including without limitation any intellectual property right, or for any unlawful purpose.

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5. Right to Discontinue DigiKey has the right to discontinue offering Models at any time in its sole discretion.

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7. Termination. DigiKey may immediately terminate this Agreement or your access to Models for any or no reason, with or without notice. The provisions of this Agreement relating to intellectual property, representations and warranties, disclaimers, limitations on liability, and indemnification, and any other provisions of this Agreement where context so indicates, shall survive termination of this Agreement.

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AGARD2

Hoffman Enclosures, Inc.

2 IN FAN GUARD

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