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- OFMA Downloading T.O.S.
File(s) From the Oklahoma Floodplain Managers Association (OFMA). OFMA is committed to providing electronic access to appropriate files. We make every reasonable effort to do so in a cross-platform and complex multi-protocol environment. We constantly test and retest our connectivity and solutions to ensure the greatest degree of ease of access and compatibility. If the Receiver proceeds, the Receiver agrees to the following terms and conditions: 1. The Oklahoma Floodplain Managers Association (hereinafter referred to as OFMA) makes no warranty of any kind, express or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be merchantable or fit for any particular purpose. Furthermore, any description of said file(s) shall not be deemed to create an express warranty that such files shall conform to said description. The exhibition of any sample or model shall not be regarded as part of the basis of this agreement and shall not create an express warranty that the whole of the file(s) provided hereunder shall conform to any sample or model. 2. Receiver assumes all risk and liability for any losses, damages, claims or expenses resulting from the use, possession or resale of any file(s) furnished by OFMA pursuant to this agreement. 3. Receiver agrees to indemnify, defend and hold harmless OFMA, its officers, agents, and employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney’s fees, arising from or by reason of receivers’ use, possession or resale with respect to any of the file(s) furnished by OFMA pursuant to this agreement, and such indemnification shall survive acceptance of said file(s) receiver. 4. Receiver agrees that it will not advertise, order for resale, or sell the file(s) furnished hereunder. 5. Receiver agrees that the OFMA has made every reasonable effort to provide information in a file format which offers cross-platform solutions (for both application and file compression). Some OFMA files are compressed. Compressed files can be identified by a file extension, (e.g., .sit, .bin, .hqx, .zip or .arc). 6. Receiver agrees that OFMA cannot be held responsible for problems arising from files which have been converted for use in non-native applications. 7. Receiver agrees that OFMA cannot provide the files in other file or compression formats, and agrees to use the files in the format provided. 8. These electronic files are provided for information only. In case of conflict between electronic and OFMA prepared printed copy, the language of the printed copy is controlling. OFMA prepared printed copy is the “official- form for these specifications. 9. OFMA uses every effort to insure the accuracy of the information contained in these electronic files. However, updates to electronic files may or may not be available in a timely manner. Receiver’s electing to down load and use these electronic files are responsible for insuring that updates and/or revisions are identified and incorporated with the electronic files prior to any use. OFMA does not warrant either expressly or implicitly the accuracy or timeliness of the information contained in these electronic files. The receiver of these files assumes all risk inherent in such use. 10. These terms and conditions constitute the complete and final agreement of the parties hereto. If the Receiver proceeds, the Receiver agrees to the aforementioned terms and conditions: