GTC - Viega BIM Data Portal

General Terms of Use of Viega GmbH & Co. KG for the software Viega BIM Data Tool and Viega BIM Data Portal by LINEAR

1. SUBJECT OF THE AGREEMENT

1.1 These General Terms of Use apply to the gratuitous granting of usage rights by Viega GmbH & Co. KG (“Viega”) for the Viega BIM Data Tool and Viega BIM Data Portal software products from LINEAR (“Licensed Product”), to the licensees (“Licensees”) (Viega and Licensees hereinafter also referred to individually as “Party” or collectively as “Parties”).

1.2 The Licensed Product was developed by:

LINEAR Gesellschaft für konstruktives Design mbH
Im Süsterfeld 20
52072 Aachen, Germany
Commercial register: Aachen district court HRB 5701
VAT ID no.: DE160367433

represented by its managing directors Manfred Waluga, Javier Castell Codesal and Jürgen Frantzen

1.3 Terms and conditions of the Licensee which deviate from or go beyond these Terms of Use shall not apply unless they are explicitly agreed to in writing. Such terms and conditions are hereby rejected.

1.4 These Terms of Use in the version valid at the time in question shall apply to all future agreements concluded with the Licensee with regard to the Licensed Product, even if Viega does not refer to the application of the Terms of Use in each individual case. Deviating agreements must be made in writing in order to be valid.

1.5 The valid version of the General Terms and Conditions can be accessed on the Viega website and printed out at any time.

1.6 These General Terms of Use shall only apply to business enterprises, corporate bodies under public law or special funds under public law as defined in Section 310 Para. 1 BGB (German Civil Code) whose registered office is not located in the USA. The granting of usage rights for the Licensed Product to Licensees in the USA is expressly not provided for.

 

2. DISCLAIMER

2.1  Use of the Licensed Product shall be granted free of charge in order to provide specialist tradespeople and planners in particular with an overview of the product data relating to the Viega product range at the time of downloading the Licensed Product. Use of the Licensed Product shall not replace the need for professional planning. Therefore, Viega makes no guarantee and assumes no liability arising from use of the Licensed Product with regard to the technical feasibility of a construction project.

2.2  Viega assumes no liability for the results obtained through use of the Licensed Product. Licensees shall be responsible for supervising, operating, monitoring and updating the Licensed Product. “Updating” refers to downloading the current version available on the website. The responsibility of the Licensee shall include, but shall not be limited to, determining appropriate types of use and selecting the Licensed Product and other programs in order to obtain the intended results.

 

3. LIMITATION OF LIABILITY

3.1 The Licensed Product shall be provided free of charge “as is”. Viega makes no guarantee regarding the functionality of the Licensed Product or the support with respect to the accuracy, reliability or usability of the software. The Licensee shall be solely responsible for selecting, installing and using the Licensed Product and for the results obtained in this way and their use. No guarantee shall be made regarding the usability and suitability of the Licensed Product for a specific purpose.

3.2 Viega’s liability for the Licensed Product provided free of charge shall be limited as follows: except in cases of intent, gross negligence or wilful deceit, Viega’s liability for any direct or indirect damage, particularly damage to other software, damage to hardware, damage due to loss of use or data loss, shall be excluded. Viega’s liability shall be unlimited in the case of claims for damages arising from injury to life, body and health which are due to a breach of duty on the part of Viega. Liability pursuant to German product liability law shall remain unaffected.

 

4. GENERAL

Viega may use subcontractors and vicarious agents to fulfil its obligations. The Licensee is prohibited from assigning or transferring the rights granted to it under these Terms of Use; any assignment or transfer of rights effected in spite of this provision shall be invalid. Any delay in the assertion of rights under these Terms of Use, whether by the Licensee or Viega, or by the granting of a grace period by one Party to the other Party, is without prejudice to the right to assert these rights at a later date. The waiver of the assertion of a right under these Terms of Use shall only be effective if it is declared in writing by the waiving Party.

 

5. PLACE OF JURISDICTION, APPLICABLE LAW

5.1 The place of jurisdiction is the head office of Viega. However, Viega may, at its discretion, also bring actions against the Licensee at the Licensee’s place of jurisdiction.

5.2 The law of the Federal Republic of Germany applies exclusively. The CISG (Convention on Contracts for the International Sale of Goods dated 11.04.1980) is excluded.

 

6. FINAL PROVISIONS

6.1 Modifications and additions to the Agreement, including these Terms of Use, must be made in writing. This also applies to any modifications or additions to this provision.

6.2 The Licensee shall be responsible for observing all legal and/or official regulations, laws, ordinances and decisions which affect him and his business as well as the Licensed Product provided by Viega for use on his own responsibility.

6.3 Should a provision of these terms be or become invalid in whole or in part, the validity of the remaining provisions of these terms shall not be affected. The Parties agree that the invalid provision shall be replaced by a legally permissible provision which most closely reflects the economic purpose originally intended. The same shall apply in the case of an unintended loophole.