NOTE TO USERS:
PLEASE READ THIS LICENCE AGREEMENT CAREFULLY. UPON DOWNLOADING OR USING THE SOFTWARE PROGRAMME (HEREINAFTER, THE "SOFTWARE"), AT THE LATEST, YOU DECLARE THAT YOU AGREE WITH AND ACKNOWLEDGE ALL THE PROVISIONS HEREUNDER, AND THAT YOU WILL BE BOUND THEREBY. IF YOU DO NOT AGREE WITH THE PROVISIONS HEREUNDER, YOU MAY NOT INSTALL, USE OR PASS ON THE SOFTWARE.
§ 1 Granting of Rights of Use
This Software is subject to copyright protection. Any rights resulting from copyright may be enjoyed only by SWG Schraubenwerk Gaisbach GmbH (hereinafter, also "SWG"). SWG grants to you a non-exclusive licence pursuant to the following conditions: You may use the Software only in accordance with the provisions hereunder, in your area of business. You may not modify all or part of the Software, combine it with other software, develop other software products based on this Software or parts thereof, rent out or sub-licence the Software, nor use or reproduce the Software in any manner not explicitly permitted hereunder. Any rights and obligations resulting from this agreement may be assigned to third parties only with the explicit, written consent of SWG
§ 2 Warranty / Liability
SWG shall not warrant that the Software will work without failures. SWG expressly states that, according to the current state of technology, it is not possible to produce computer software that works without any failures or to produce software in such a manner that all applications, software and hardware configurations work without failures. SWG shall not warrant that the Software will work without failures or that the Software will fulfil the purpose or requirements of licensee, nor shall it warrant that it will be compatible with the hardware or software used by licensee.
SWG shall grant the Software to licensee free of charge. Accordingly, any liability and warranty of SWG shall be limited to intent and gross negligence. The foregoing shall not affect any liability for claims under the German product liability law.
SWG shall not warrant that the Software and the data carrier will be free of computer viruses. Licensee shall be responsible for checking the software for any such computer viruses, using appropriate means, and SWG explicitly recommends doing so. SWG shall not be liable for any damage, direct or indirect, of any nature, caused by the existence of computer viruses.
§ 3 Brands and Registered Trademarks
All names, brands and registered trademarks used in the licence agreement, software or documentation, even if these are not expressly identified as such, shall be the property of the holder of the respective name, brand or registered trademark. Licensee fully acknowledges any proprietary rights.
§ 4 Final Provisions
The parties agree that all disputes arising from or in connection with this agreement shall be submitted to the court with jurisdiction at the legal domicile of SWG, provided that the contracting party is a businessman according to the German Commercial Code, a legal entity of German public law or a special fund under German public law; SWG may also, at its own discretion, choose the legal domicile of the contracting party.
This agreement shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of UN purchasing law.
This agreement constitutes the entire agreements between the parties. Amendments or supplements shall be in writing.
In case one or more of the provisions hereunder are or become invalid or void, or are incomplete, this shall not affect the validity of the remaining provisions hereunder. In order to replace any invalid or void provision, the parties shall agree a valid provision that is as close as possible to the intended purpose of the invalid or void provision.
This calculation programme was programmed on the basis of the generally accepted principles of supporting structure planning, according to the current state of technology. The calculations performed with this programme shall be merely an initial outline and shall not replace the individual planning of supporting structures by a structural engineer. SWG shall not warrant the accuracy and completeness of calculation results. The foregoing shall not affect any liability for intent and gross negligence.