Terms & Conditions

By clicking the “Accept” button, you on behalf of yourself or the organization that you work for that directed your use of this software (“Licensee”, “You”, “Your”) hereby agree to the following license terms and conditions for using certain Software as defined herein. This is a license agreement (“Agreement”) with EJ Engineering Group, Inc., (“EJ”) and You should not check the "I have read and agree to the Terms and Conditions and Privacy Policy." checkbox unless You agree to the terms set forth herein. Further, it is Licensee’s sole responsibility to check back for updates to this Agreement and any continued use of the Software after a particular update shall be considered assent to the new terms and any revisions in this Agreement.

1. DEFINITIONS.

1.1 “Confidential Information” means all of EJ’s information including, but not limited to, business or technical information, the Software, product designs, marketing, market potential, quotations, fees, prices, designs, concepts, product formulations, sales, sales volume, costs, profits, requirements, documents, specifications, suppliers, prototypes, and processes, disclosed or made available by EJ in any manner to You. Confidential Information does not include information that is or becomes generally known through no breach of this Agreement by You, or that You received from a third party without restrictions on its further disclosure.

1.2 “Flow Test” shall mean any flow test performed on a fire hydrant or similar fire protection system.

1.3 “Software” shall mean any and all (i) source code and object code used by or provided to Licensee and related derivative works, (ii) code and output served via the internet such as via a webpage or application (SaaS), (iii) related reports, and documentation, including instruction manuals, if any, provided or made available to Licensee by EJ , and (iv) any copies (both electronic and paper) of the foregoing.

2. LICENSEE RIGHTS AND RESTRICTIONS.

2.1 Grant of License. Subject to Licensee’s strict compliance with the terms and conditions of this Agreement, EJ hereby grants to Licensee a non-exclusive, non-transferable, limited license to use the Software for its intended purpose of conducting Flow Tests of fire protection systems, entering Flow Test results, generating a Flow Test Report, keeping notes, updating company information and logo, and storing a history of Flow Test projects with respective data. You are permitted to use the Flow Test Report Yourself or provide the Flow Test Report to Your customers for the purposes of certifying existing systems, designing new systems and changing existing systems, and for constructions projects. This license is limited to the paid for term. Upon expiration of the paid for term, if not renewed, this License Agreement will terminate and You must cease using the Software. Notwithstanding anything herein to the contrary, this license is limited geographically to Flow Testing conducted outside of Arizona. You are not permitted to conduct a Flow Test on a fire hydrant located within the state of Arizona.

2.2 Restrictions, Requirements of Use, and Releases.

2.2.1 Except as expressly provided in Section 2.1, no other license or right in the Software is granted to Licensee under this Agreement directly or by implication or otherwise. Without limiting the generality of the foregoing and notwithstanding anything to the contrary in this Agreement, Licensee may not:

  • Remove any copyright notice, delete or modify EJ’s trademarks, or remove any proprietary information notices, or other notice;
  • Assign, sublicense, lease, or in any other way transfer or disclose the Software to any third party;
  • Use the Software for any purpose not specifically authorized in this Agreement;
  • Use the Software in any manner that violates any applicable law;
  • Reproduce or use any part of the Software, compiled application, or use the Software except as provided in this Agreement; or
  • Reproduce, modify, update, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form; or create derivative works of the Software, incorporate the Software into or with other software, or add additional software to the Software.

2.2.2 The restrictions set forth in Section 2.2 shall apply equally to attempts to perform the restricted activities, regardless of whether or not any such attempt is successful.

2.2.3 By using the Software, Licensee agrees to release and hold harmless EJ, and, if applicable, any flow report testing company that provides flow report test data on behalf of Licensee, from any and all liability for the accuracy of the information Licensee receives through the Software, for any failure in the performing of the testing, entering the test data, or errors in calculations, and for any actions based on the information received that may be taken by the Licensee. Actions include, but are not limited to, designing or constructing a fire safety system. You acknowledge that any errors You make in entering test results or data into the Software will jeopardize the accuracy of the Flow Test Report. You acknowledge Your responsibility for confirming the correctness of the Flow Test Report before putting it to permitted uses. You agree that You will NOT deliberately submit faulty data, and that the data You enter will reflect an actual Flow Test and be accurate to the best of Your knowledge (unless the project name is clearly marked "test").

This includes, but is not limited to, conducting flow tests properly utilizing equipment and data that is not older than 1-year or calibrated per NFPA, producing data in accordance with Local Fire and Water Purveyors, National Fire Protection Association Codes (NFPA-1, NFPA-13, NFPA-14, NFPA-20, NFPA-24 and NFPA-291, NFPA 1142, and others as are applicable), International Fire Code (IFC) and American Water Works Association (AWWA) standards, Occupational Safety and Health Administration (OSHA) are additional codes and others that may apply may not be listed herein.

2.2.4 By using the Software, Licensee agrees to:
  • Provide complete and truthful information for Licensee or any other person that Licensee is authorized to act for in using the Software.
  • Receive unsolicited notifications from EJ and other third parties with whom EJ has a relationship with.
  • Follow any instructions provided by EJ for using the Software and conducting the tests.


2.3 Confidentiality and Passwords.

2.3.1 Licensee agrees and acknowledges that the Software is: (i) proprietary to EJ; (ii) is of significant value to EJ; (iii) is not publicly available without a fee; (iv) contains trade secrets of EJ; and (v) constitutes the confidential information of EJ. Licensee shall not disclose how the Software operates, the content of the Software, and data associated with the Software including all information covered in a Flow Test report to any third person not authorized to receive such information.

2.3.2 Licensee acknowledges that access to the Software will be obtained by a unique username and/or password (collectively “Password”) that will be assigned to Licensee. Licensee agrees to not share the Password with any third party and not provide any third party access to the Software with Licensee’s Password. Should Licensee become aware that his or her Password has become lost or is otherwise in the public domain, Licensee will provide notice to EJ within one (1) day of Licensee becoming aware of such an event so EJ can delete access to the Software with Licensee’s old Password and provide Licensee a new Password. Licensee expressly acknowledges that he/she is solely responsible for safeguarding all Passwords and You agree to hold harmless EJ from any and all liability related to lost Passwords, access to the Software by unauthorized users, or Flow Test Data being compromised in any way due to Licensee not adhering to the terms of this Agreement.

2.3.3 Confidentiality. (a) You shall hold the Confidential Information in strict confidence in accordance with this Agreement and may use the Confidential Information only as necessary to use the Software at the Location or as permitted herein. (b) In the event that You intend to disclose the Confidential Information to a third party, the Confidential Information shall be disclosed (i) only after obtaining written authorization from EJ, and (ii) only if said third party is under a written obligation to hold such Confidential Information in confidence under terms and conditions at least as restrictive as the terms and conditions of this Agreement, and such written agreement names EJ as a third-party beneficiary with the right to directly enforce the agreement against the third party. (c) You warrant that all of Your employees who will have access to the Confidential Information are or shall, at the time of access, be under obligation to You to hold such information in confidence under terms and conditions at least as restrictive as the terms and conditions of this Agreement.

2.4. Injunctive Relief. Licensee acknowledges and agrees that EJ will suffer irreparable damage in the event of a breach by Licensee of the terms of Section 2.3 of this Agreement and that EJ will be entitled to injunctive relief in the event such breach can be proven by EJ to have caused actual damages to EJ.

3. INTELLECTUAL PROPERTY.

3.1 Existing Intellectual Property. As between the parties, EJ is and shall be the exclusive owner of all right, title and interest in and to (i) the Software (including source code, object code, and all functionality, Improvements, Fixes, Upgrades, and text) and all copies and portions thereof), and (ii) all patent, copyright, trademark, trade secret, and any and all other Intellectual Property and proprietary rights existing now and in the future, whether or not registered or perfected (but to the extent existing, all registrations, applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force), and whether arising by operation of law, contract, or otherwise (collectively, “Intellectual Property Rights”) in and to the foregoing. The Software is protected by copyright and other applicable laws, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Licensee may not copy or use the Software except as permitted herein. Licensee agrees not to modify, adapt or translate the Software except as permitted herein. Any information or documentation supplied by EJ or otherwise obtained by Licensee in connection with or as a result of this Agreement may only be used by Licensee for the purpose described herein and may not be disclosed to any third party (except as permitted herein) or used to create any software which is substantially similar to the Software. By “substantially similar Software,” the parties acknowledge that software that is configured to generate Flow Test reports is “substantially similar Software.” You agree not to challenge EJ’s ownership of any of its Intellectual Property rights. You shall not represent that You have any ownership in the Intellectual Property rights, and You acknowledge that any use by You of the Intellectual Property rights shall not create in Your favor any right, title, or interest in or to the Intellectual Property rights. You shall not seek to register, or assist or cause any third party to register, any of the Intellectual Property rights or any colorable imitation thereof. All improvements to the Intellectual Property rights will be deemed, and shall remain, the sole and exclusive property of EJ, even if you have provided feedback, suggestions, or user comments that are ultimately adopted in whole or in part.

3.2 Flow Test Intellectual Property rights. As between the parties, EJ is and shall be the exclusive owner of all right, title and interest in and to: Flow Test Data that You enter, any Flow Test Data presented in a Flow Test Report, and any Flow Test Data generated in creating the report or based on the Flow Test Data You enter. You agree that EJ can use the Flow Test Data for any purposes. For example, EJ may re-use the Flow Test Data for a subsequent report for the same system. In other examples, EJ may sell the Flow Test Data to third parties, may use the Flow Test Data for marketing or demographics, or may share the Flow Test Data with other business partners.

3.3 – You agree that the Flow Test Report(s) generated by the Software, their format and content, and the EJ website content are all the Intellectual Property of EJ. Licensee agrees that it will only use the reports as permitted herein, and that it will not modify the reports or generate reports that look similar to the Flow Test Reports generated by EJ.

3.4 – Custom Branded Flow Test Reports. You must provide a company logo for the Flow Test Reports. Solely limited to this purpose, You grant EJ a license to any and all trademark or other intellectual property rights necessary to allow EJ to custom brand the Flow Test Report(s) with Your company logo. Licensee represents and warrants that it owns any brand or logo it provides to EJ for custom branding the Flow Test Report(s), and that it has all rights necessary to grant this license to EJ.

4. WARRANTY, WARRANTY DISCLAIMER, AND LIMITATION OF LIABILITY.

4.1 Warranty Disclaimer. No warranty of any kind is being provided by EJ, including, without limitation, any warranty that the Software shall be free from defects in design, material or workmanship. LICENSEE ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SOFTWARE AND THE SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WHETHER ARISING UNDER LAW OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE (COLLECTIVELY, “DISCLAIMED WARRANTIES”), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED BY EJ AND FOREVER WAIVED BY LICENSEE. NO ADVICE OR INFORMATION GIVEN BY EJ, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OR OBLIGATION OF EJ.

4.2 Limitation of Liability/Waiver. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EJ SHALL NOT BE LIABLE TO LICENSEE, AND LICENSEE COVENANTS THAT IT WILL NOT ASSERT A CLAIM AGAINST EJ, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, OR INTERRUPTION OF BUSINESS, EVEN IF EJ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. FURTHER, LICENSEE HEREBY WAIVES, RELEASES, AND FOREVER DISCHARGES EJ FOR ANY CLAIM RELATED TO THE PROVISION OF INFORMATION TO LICENSEE THROUGH THE SOFTWARE.

4.3 Basis of Bargain. The parties hereby acknowledge and agree that the warranty disclaimers and limitation of liability provisions set forth above have been negotiated and are fundamental elements of the basis of this Agreement, and EJ would not be able to provide the license granted herein on the terms and conditions currently offered without such limitations. The parties further agree that such provisions will inure to the benefit of the other party’s successors and permitted assigns.

4.4 Licensee Representations and Warranties. Licensee represents and warrants that he/she is lawfully entitled to perform the testing, enter the relevant data, and receive the Flow Test Report(s).

5. TERM AND TERMINATION.

5.1 Term. The term of this Agreement and the licenses granted herein shall begin on the effective date of this Agreement and shall continue for the period of time Licensee paid to use the Software or until the earlier termination of this Agreement pursuant to the provisions set forth herein.

5.2 Event of Default. An event of default (“Event of Default”) under this Agreement occurs when either party breaches a condition of this Agreement and fails to cure said breach within 10 (ten) days of receiving notice of said breach.

5.3 Termination upon Event of Default. If an Event of Default occurs, the non-breaching party may, in its sole discretion, terminate this Agreement by giving written notice of such termination to the other party. In such event, the non-terminating party shall pay to the terminating party all costs and expenses (including reasonable legal fees and costs and fees of collection agencies, if any) incurred by the terminating party in connection with such termination.

5.4 Termination for Convenience. EJ may disable Licensee’s access to the Software at any time, for any reason without notice to Licensee and terminate this Agreement for Convenience. The date the access to the Software is disabled is the date of termination.

5.5 Effect of Termination. Upon termination or expiration of this Agreement for any reason whatsoever, Licensee shall immediately: (i) cease all use of the Software; and (ii) within thirty (30) days of the date written notice was received pursuant to Section 5.3 or the expiration date, terminate their own account using the current disable/unsubscribe functionality in the software/web-application .

6. MISCELLANEOUS.

6.1 Indemnification. Licensee shall, except to the extent caused by EJ’s gross negligence or willful misconduct, indemnify and hold harmless EJ, and all its officers, directors, employees and agents, for any losses, claims, damages, judgments, assessments, costs and other liabilities, including reasonable out-of-pocket costs and expenses as they are incurred by EJ in connection with any demands, law suits and other legal actions by third parties against EJ arising out of or alleged to arise out of (i) any gross negligence or willful misconduct by or of Licensee, its agents or licensees, or (ii) any breach by Licensee of any representation, warranty, term or provision of this Agreement.

6.2 Assignment. Licensee may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of EJ. Any attempted assignment without such prior written consent shall be void and in such event, EJ can, in its sole discretion, terminate this Agreement. EJ may assign all or part of this Agreement immediately, without the prior written consent of Licensee.

6.3 Dispute Resolution. The parties agree to attempt to resolve any dispute concerning this Agreement through good faith negotiations and mediation. In the event that the parties cannot resolve the dispute the dispute through such mediation, the parties agree to submit their dispute to binding arbitration before a single arbitrator, pursuant to the existing rules of the American Arbitration Association, with procedures to be mutually agreed upon by the parties. The arbitration shall take place in Phoenix, Arizona.

6.4 Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the parties, and the remainder of the provisions shall remain in full force and effect.

6.5 Waiver. Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time.

6.6 Survival. All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.

6.7 Entire Agreement. This Agreement, including the Exhibits attached hereto and made part hereof, constitutes the entire agreement between Licensee and EJ with respect to the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the parties.

6.8 Amendment. This Agreement may be amended only by a written instrument signed by the parties or Your continued use of the Software after EJ updates this Agreement.

6.9 Headings. The section headings herein are for convenience and reference purposes only and shall not serve as a basis for construction or interpretation.

6.10 Preamble. The preamble of this Agreement set forth before the Definition Section shall constitute part of this Agreement.

6.11 Privacy Policy. Licensee agrees to abide by EJ’s then-current privacy policy which can be accessed at: www.flowtestsummary.com/privacy.php.

BY CHECKING THE BOX STATING “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS AND PRIVACY POLICY”, DURING REGISTRATION, AND BY MY CONTINUED USE OF THE SOFTWARE, I HEREBY CONFIRM THAT I HAVE READ THE ABOVE AGREEMENT AND CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.