1. This notice specifies the terms and conditions under which the data and information contained in the attached electronic file media may be used by the Recipient. By accepting and using this information, Recipient hereby agrees to these terms and conditions.

2. The Berkshire Design Group, Inc. (BDG) is a Massachusetts corporation engaged in the practice of Landscape Architecture and Civil Engineering. BDG has created one or more electronic drawing files. All data, including original drawings represented by the electronic drawing files, survey field data and edits or interpretations and original designs, are and shall remain, the sole and exclusive property of BDG.

3. This electronic drawing file is transmitted to the Recipient for the limited purpose of indicating the existing and/or proposed conditions on the project site, as applicable.

4. If Recipient has any questions about the completeness, accuracy, or proper interpretation of any of the information contained in the original electronic drawing files, he/she shall immediately notify BDG for resolution.

5. Recipient shall retain the original floppy disk for his/her archival records, keep a list of all copies made of the drawing file(s), and give BDG a copy of the list upon request.

6. Any unauthorized use of BDG’s work product without prior written consent, and any changes, additions, deletions, adaptations, extensions, or original designs based on the original drawing file (collectively “changes”) made by the Recipient or by others, shall be without liability or legal exposure to BDG. Recipient, by accepting and using the electronic drawings files and data, hereby agrees to indemnify, defend and hold harmless BDG from all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from any such unauthorized use or “change”. Recipient further agrees to compensate BDG for any time spent or expenses incurred by BDG in defense of any such claim, in accordance with BDG’s prevailing fees schedule and expense reimbursement policy.

7. If Recipient makes any transfer to a third party (“third party Recipient”) of an electronic data file containing any portion of the original drawing file, Recipient shall include therewith the provisions of this agreement and shall notify BDG. Any third party Recipient of this data shall be bound by its provisions as though they were the original Recipient.

YES, I Accept the terms described above.