home effglaz faqs links consumers members

Legal Disclaimers

Product Disclosure Statement

1. The wind rating tools provide indicative results only and are reliant on accurate user input.
2. The wind rating tools adopt a simplified approach with controlled inputs to region, terrain category, topographic classification and shielding classification.
3. Individual results may vary.
4. Results are based on calculations derived from AS/NZS 1170.2:2011 (Structural Design Actions: Wind Actions) and AS 4055:2006 (Windloads for Housing) and may be conservative.
5. The efficientglazing Wind Rating Tool for Housing utilises AS 4055:2006 and calculated results are based on the tables in section three (3).
6. The efficientglazing Wind Rating Tool for All Buildings utilises AS/NZS 1170.2:2011 (Structural Design Actions: Wind Actions) and calculated results are based on the information in AS/NZS 1170.0:2011 (Structural Design Actions: General Principles).

Warning

While the Australian Window Association (AWA) has made every effort to ensure that the material within this suite of tools is current and accurate, the Australian Window Association is furnishing this web based tool "as is” and does not provide any warranty of the item whatsoever, whether express, implied, or statutory, including, but not limited to, any warranty of merchantability or fitness for a particular purpose or any warranty that the contents of the tool will be error-free. AWA’s efficientglazing Wind Rating tools are NOT an alternative to appropriate education, training or experience or the use of a professional. Users must refer to the actual text of and other professional requirements in the User's Handbook as well as using the guidance provided. The material cannot be a substitute for the professional judgement which is required to be exercised when introducing quality control policies and procedures. Pronouncements on quality control, economic assumptions and on other professional issues will continue to be promulgated by the AWA from time to time. The requirements of newly released pronouncements prevail over any material to the contrary.

Important disclaimer

user of AWA’s efficientglazing Wind Rating tools must take care in applying them to particular circumstances. AWA is not in the business or profession of providing legal, scientific or other professional advice or services in regard to this product. AWA makes no representations or warranties about the accuracy or completeness of any associated publication.

License Agreement

END-USER LICENSE AGREEMENT FOR AWA efficientglazing Wind Rating tool IMPORTANT-READ CAREFULLY:
This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and the Australian Window Association (AWA). The AWA efficientglazing Wind Rating tool includes web based tools, and may include associated media, printed materials, and "online" or electronic documentation. The AWA efficientglazing Wind Rating tool also includes any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to you, as well as any related installation services, customisation services, technical support services, e-commerce services, web hosting services, or other add-ons that may be provided to you in the future. By purchasing, installing, copying, downloading, accessing or otherwise using the AWA efficientglazing Wind rating tool, you agree to be bound by the terms of this End-User License Agreement.

SOFTWARE PRODUCT LICENSE

The AWA efficientglazing Wind Rating tool is protected by New South Wales (NSW) copyright laws and international copyright treaties, trademark laws, and other intellectual property laws and treaties. AWA retains copyright to the AWA efficientglazing Wind Rating tool. The AWA efficientglazing Wind rating tool is licensed not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. The term "WEB SITE" as used herein shall mean the computer or hardware that stores the source of the directory file structure of a single numeric IP address space, which is recorded under a single domain name in the Internet's domain name system.
1. GRANT OF LICENSE. This EULA grants you the following rights:
(a) Software Installation and Use.
AWA hereby grants you a single, non-exclusive, non-transferable license to use one copy of the AWA efficientglazing Wind Rating tool in accordance with the terms and conditions of the license agreement. Any rights not expressly granted are reserved. This license authorises you to access and use a single copy of the AWA efficientglazing Wind Rating tool on a single server for usage on a single web site. Multiple usages are prohibited unless additional licenses are purchased.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Software Product Transfer.
You may not assign all or any part of your rights or obligations under this End User License Agreement without the prior written consent of AWA, and any attempt to the contrary will be void and a material breach of this agreement. AWA may withhold such consent in its sole discretion. A transfer of this End User License Agreement will terminate any right to your continued possession or use of the AWA efficientglazing Wind Rating tool and you must promptly destroy all remaining copies of the AWA efficientglazing Wind Rating tool in your possession or under your control. No transfer shall be allowed unless the recipient agrees to the terms of this End User License Agreement.
(b) Termination.
This End User License Agreement shall continue in full force and effect for a period of one year, calendarised from 1st January to 31st December of the year purchased. The Tools will be locked out annually for the purpose of upgrade, after which application will need to be made to continue use in accordance with this or another section of this agreement. This agreement will terminate automatically if you breach any provision of it. In such event, you will be denied a license to the AWA efficientglazing Wind Rating tool and all of its component parts and must cease all further use of it. You agree that AWA shall have the sole discretion of determining whether you are in material breach of this agreement. You further agree that AWA has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, including but not limited to the cancellation of your access electronically by disabling it remotely over the Internet, as well as the right to delete any and all data created or used by the AWA efficientglazing Wind Rating tool, and that termination will not entitle you to a refund of the purchase price or any other amounts paid under any circumstances whatsoever. Termination will have no effect on your obligation to safeguard and protect proprietary rights of AWA, disclaimers and warranties, the Conflict of Law Provisions, the Copyright Infringement section, or the Refund Policy.
(c) Trademarks.
This End User License Agreement does not grant you any rights in connection with any trademarks or service marks of this product or of AWA. You are prohibited from removing the trademark or trademark logo by modifying the AWA efficientglazing Wind Rating tool in any manner.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWA does not warrant that the functions of the AWA efficientglazing Wind Rating tool will meet your requirements or that operation of the AWA efficientglazing Wind Rating tool will be uninterrupted or error free. You assume all responsibility for selecting the AWA efficientglazing Wind Rating tool to achieve your intended results, and for the use and results obtained from the AWA efficientglazing Wind Rating tool. AWA is not responsible if the AWA efficientglazing Wind Rating tool does not operate on your server or computer. Should the Program prove defective, you and not AWA assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

To the maximum extent permitted by applicable law, in no event shall AWA be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if AWA has been advised of the possibility of such damages. In any case, AWA's entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the AWA efficientglazing Wind Rating tool.

YOUR USE OF THE MARKET AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MARKET IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

Image Credits

Photos published on this website are provided by DLG Aluminium