PEM® Digital Design Engineer 

End User License Agreement 

Last Updated:  23 April 2026 

This End User License Agreement ("Agreement") is a binding legal contract between Penn Engineering & Manufacturing Corp., including its subsidiaries, divisions, and affiliates ("PEM," "we," "us," or "our"), and the individual or entity accessing or using PEM® Digital Design Engineer ("You" or "User"). PEM® Digital Design Engineer (the "Application") provides design engineering support services, including automated hardware recognition, CAD/drawing access, manufacturability guidance, pricing and availability information, and collaboration tools. 

By clicking "I Agree" or accessing or using the Application, You agree to be bound by this Agreement and our Privacy Policy (available at pemnet.com/privacy). If You do not agree, do not access or use the Application. 

1. Grant of License 

PEM grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Application solely for internal engineering, design, evaluation, and procurement purposes related to the use of genuine PEM products. This license does not transfer any ownership or intellectual property rights to You. 

2. Intellectual Property 

All content, features, functionality, drawings, CAD models, technical files, software, text, images, and other materials available through the Application ("Materials") are owned by PEM or its licensors and are protected by U.S. and international intellectual property laws. No rights are granted except those expressly stated in this Agreement. 

PEM's name, logos, product names, part numbers, and related marks are trademarks of PEM or its affiliates. You may not use them without prior written permission. 

3. Restrictions 

You agree not to: 

• Reproduce, distribute, sublicense, sell, or transfer the Application or Materials to any third party 

• Modify, reverse engineer, decompile, or disassemble any part of the Application or Materials 

• Use the Application or Materials to manufacture non-PEM or counterfeit products 

• Use automated tools (bots, scrapers, spiders) to access or harvest content from the Application 

• Remove any proprietary or copyright notices from Materials 

• Use the Application in any way that violates applicable law or these terms 

• Introduce viruses, malware, or other harmful code into the Application 

• Attempt to gain unauthorized access to or disrupt the Application or its servers 

4. Account Security 

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify PEM immediately of any unauthorized access or security breach. PEM reserves the right to disable any account at any time for any reason, including violation of this Agreement. 

5. Disclaimers 

Planning Data. All lead times, pricing, and availability information are for planning purposes only, are non-binding, and are subject to change without notice. Any purchasing decision must be confirmed directly with PEM or an authorized distributor. 

Manufacturability Guidance. Manufacturability checks, gauge checks, distance-to-edge warnings, and similar tools are advisory only. They may be incomplete or inaccurate. You are solely responsible for verifying designs, selecting appropriate fasteners, and validating product suitability and safety. 

Fastener Identification. PEM does not warrant that any part number, drawing, or description matches Your intended application. You are solely responsible for verifying specifications and suitability. 

Translations. Translations provided through the Application are prepared by third-party providers and may contain errors. PEM assumes no liability for reliance on translated content. 

General. THE APPLICATION AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. PEM DOES NOT WARRANT THAT THE APPLICATION WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. 

6. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PRODUCTION DISRUPTION, DESIGN ERRORS, OR REWORK COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR MATERIALS. PEM'S TOTAL LIABILITY SHALL NOT EXCEED $100 USD. WHERE APPLICABLE LAW PROHIBITS CERTAIN LIMITATIONS, PEM'S LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED. 

7. Confidentiality 

"Confidential Information" means non-public information either party discloses in connection with the Application that is identified as confidential or that a reasonable party would understand to be confidential. Each party agrees to protect the other's Confidential Information with at least the same care it uses for its own (but no less than reasonable care), and to use it only in connection with the Application. 

Confidential Information does not include information that: (a) becomes publicly known without breach; (b) was already known to the recipient; (c) is received from a third party without restriction; or (d) is independently developed. 

You acknowledge that live chat sessions ("Chat Content") may be stored on secure servers. Provided Chat Content does not include export-controlled or classified information, PEM may store, own, and use Chat Content to improve its services and offerings. 

The Application may not be 100% secure. You accept responsibility for securing your account and devices from unauthorized access. 

8. Collaboration Features 

Collaboration tools within the Application are offered as a convenience only. You agree not to submit confidential, proprietary, export-controlled, or classified information through collaboration features unless a separate written agreement with PEM expressly permits it. PEM has no obligation to treat submitted information as confidential absent such an agreement. 

9. Export Controls & Compliance 

You agree to comply with all applicable U.S. and international export laws and regulations, including ITAR and EAR. You may not use the Application from a U.S.-sanctioned location or if You appear on any U.S. government restricted parties list. Access to Export Controlled Information ("ECI") is restricted to U.S. Persons as defined by 22 CFR § 120.15. You agree not to upload Sensitive Information or classified data into the Application. If You do so in violation of this Agreement, You will be responsible for all resulting sanitization and remediation costs. 

10. Privacy & Data Use 

Your use of the Application is subject to PEM's Privacy Policy at www.pemnet.com/privacy.  PEM may collect anonymized or aggregated analytics data for performance, security, and improvement purposes. By using the Application, You consent to PEM's data practices as described in the Privacy Policy. 

11. Third-Party Links 

The Application may contain links to third-party websites or services. PEM is not responsible for third-party content and such links do not constitute an endorsement. Use of third-party sites is at Your own risk. 

12. Changes to the Application and Agreement 

PEM may update the Application or this Agreement at any time. Material changes to this Agreement will be communicated with at least 30 days' notice. Continued use of the Application after changes take effect constitutes acceptance of the revised Agreement. 

13. Termination 

PEM may terminate or suspend Your access to the Application at any time, with or without cause, including for violation of this Agreement. Upon termination, You must immediately cease all use of the Application and delete any downloaded Materials. Sections 2, 5, 6, 7, 9, 14, and 15 survive termination. 

14. Governing Law & Dispute Resolution 

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. Any legal action arising under this Agreement shall be brought exclusively in the federal or state courts of the Commonwealth of Pennsylvania, and You consent to jurisdiction and venue in such courts. PEM may, at its sole discretion, require disputes to be resolved by binding arbitration under the Rules of the American Arbitration Association applying Pennsylvania law. 

15. General Provisions 

• Entire Agreement. This Agreement and PEM's Privacy Policy constitute the entire agreement between You and PEM regarding the Application and supersede all prior agreements. 

• Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force. 

• No Waiver. PEM's failure to enforce any provision shall not constitute a waiver of that provision. 

Contact 

For questions, technical support, or feedback regarding PEM® Digital Design Engineer, please contact: [email protected] 

BY CLICKING "I AGREE" OR ACCESSING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.