Conditions
of Use for the EL-sizing software supplied free of charge by HOERBIGER-ORIGA
GmbH.
In the
absence of any other special agreements, the use of the EL-sizing software is governed
by these Conditions of Use. By installing, passing on or using this software,
the user (customer) acknowledges his understanding and acceptance of these
Conditions of Use. The user licence is terminated automatically if the
Conditions of Use are not observed.
To use
the EL-sizing software the user will need the Windows 2000, XP or
The
licensor supplies the EL-sizing software to the user free of charge as a
support tool for sizing its electric linear drives. The licensor grants the
user a non-exclusive, simple licence to use the software. Copying or passing on to third parties, in
whatever manner or for whatever reason, is only permissible with the prior
agreement of the licensor. The user undertakes to use the EL-sizing software in
compliance with relevant current legislation. The EL-sizing software remains
the intellectual property of HOERBIGER and is protected by copyright. All
rights, especially copyright and other industrial property rights, remain the
property of the licensor.
The
licensor is responsible for the fitness for purpose of the licensed EL-sizing
software. It must function without significant technical faults. The user must
inform the licensor of any apparent faults in the software. Upon request the user
must provide the licensor with all information and documentation required for
removal of the fault.
The
licensor shall not be liable to the user or to third parties, either directly
or indirectly, for consequential damage such as loss of profits, operational
delays or damage to other software caused by the EL-sizing software. The
licensor shall also not be liable for the compatibility of the software with
the hardware used by the user or for damage arising from incorrect use, input
of incorrect data, modification of the EL-sizing
software or hardware faults. If the user uses additional software not supplied
by the licensor, the licensor shall not be liable for correct functioning of
the EL-sizing software nor for resulting faults or damage. The licensor shall
be liable, regardless of the legal reason, only for damage caused intentionally
or by gross negligence, or for which the licensor has compulsory liability
under the Product Liability legislation. Liability for compensation is limited
to the damages usually arising in comparable cases. Liability for data loss is
limited to the typical costs of replacing the data assuming that security
copies were made regularly at intervals appropriate to the circumstances.
The
licensor shall not be responsible for the EL-sizing software producing specific
results. This also applies to the usability of the EL-sizing software for the
agreed purpose or any other purpose. The risk of economically viable usability
lies with the user.
The
claims of the user expire 12 months after supply of the software.
The
licensor has the right to change or add to the Conditions of Use and/or the
EL-sizing software at any time. Further development, modification or adaptation
of the software is not agreed or guaranteed.
The Conditions
of Use are governed exclusively by the laws of the Federal Republic of Germany.
The regulations of the UN Convention on Contracts for the International Sale of
Goods (CISG) are expressly excluded. The court of jurisdiction is, insofar as
this is legally permissible,
If one
or more of the clauses of these Conditions of Use become ineffective, illegal
or impracticable, the validity of the rest of the Conditions of Use is not
affected. Such an ineffective, illegal or impracticable clause shall be
replaced by a new clause which comes closest to achieving the purpose of the
original ineffective, illegal or impracticable clause.
For
international customers the Conditions of Use are translated into several
languages, but only the German and English versions of the Conditions of Use
are legally binding.