TERMS OF USE CONCERNING SOFTWARE
1 BACKGROUND AND PURPOSE, OBJECT OF AGREEMENT, PARTIES
The Concept Diagram Configurator by Gebwell Ltd makes it easy to create the circuit diagram for a heat pump or exhaust air heat recovery system. By filling in the data of the heating system to the configurator, you can obtain the circuit diagram as finished PDF and DWG files.
These terms of use (hereinafter the “Terms of Use”) constitute the agreement regarding the use of Gebwell Ltd’s (business ID 2008956-7, hereinafter “Gebwell”) Concept Diagram Configurator (hereinafter the “Software”) with the registered user of the Software (hereinafter the “User”). The terms also govern Gebwell’s right to make use of the data stored in the Software. When registering as a user of the Software, the User accepts and undertakes to abide by these Terms of Use by indicating the acceptance on Gebwell’s Internet page pertaining to the Terms of Use, or otherwise in writing. These Terms of Use can be read on Gebwell’s website prior to accepting them by downloading them when registering as a user of the Software.
2 DEFINITIONS
“Intellectual Property Rights” refers without limitation to patents, design rights, copyrights, product names, brands, domains and other exclusive rights and markings. “Licence” refers to the non-exclusive, non-transferable right to use the Software, which is granted to the User upon registering as a user of the Software. The Licence may be revised from time to time. Gebwell has the right to update the Terms of Use, whereby the Licence to use the Software is terminated until the User has accepted the updated Terms of Use. Any Terms of Use published by Gebwell on its website supersede these terms of use supplied with the Software.
3 GRANT OF LICENCE, RIGHTS AND CONDITIONS
3.1 Any Licence granted under these Terms of Use is non-exclusive and non-transferable and valid as long as the User does not materially breach these Terms of Use.
3.2 By accepting the registration of individual Users as the users of the Software, Gebwell grants the User a limited right to use the Software in accordance with the Terms of Use.
3.3 Any Licence valid at the time the User registers as a user of the Software is applied to the use of the most recent version of the Software available at that time. The Licences valid at the time of release of new versions of the Software or new Software will be applied to said versions and Software.
3.4 Online services. The User may use Online services in accordance with the Terms of Use.
3.4.1 The terms of online services valid at the time of the User’s registration or the time of renewal of registration or licence will be applied during the period of use in question.
3.4.2 Gebwell may interrupt the use of the online service if the User breaches the allowed use policy or does not respond to an alleged infringement of terms.
3.4.3 Gebwell shall provide the User with reasonable notice before effecting the termination of the online service.
3.5 The User bears sole responsibility for the content of any data the User enters in the Software.
3.6 The assignment of the Licence to a third party is not allowed. Upon assignment, the User must remove the installation of the Software covered by the licence and cease its use and destroy any copies the User may have.
3.7 The Software is protected by copyright and other legislation and international treaties applicable to Intellectual Property Rights. Gebwell reserves all rights not expressly granted under these Terms of Use. No right or title is granted except as set forth in these Terms of Use. The right to use the Software in a device does not constitute any right of the User to utilise Gebwell’s Intellectual Property Rights.
3.8 The User may utilise the Software only in accordance with these Terms of Use. The User does not have the right: (1) to determine the method of production of the Software, to decompile or reverse engineer the Software or attempt to do so, (2) install or use the Software or technology of other parties in any way that could impose other terms of licence on Gebwell’s Intellectual Property Rights or technology, or (3) circumvent the technical limitations of the Software or the limitations of the Software documentation.
3.9 The User may not disseminate, sublicense, lease, lend or sell the Software, either in full or in part.
4 PRICES AND TERMS OF PAYMENT
The use of the Software is free of charge.
5 GEBWELL’S RIGHT TO MAKE USE OF THE DATA STORED IN THE SOFTWARE
5.1 The images and/or diagrams produced by the Software are Gebwell’s property. By entering and saving data in the Software, the User acquires no copyright or other Intellectual Property Rights to the material and data produced by the Software.
5.2 The User grants Gebwell and its subcontractors and partners, as they are from time to time, the right to utilise the data entered and saved by the User in the Software for the further development of the Software, product development, customer relationship management and product/customer support, as well as direct marketing.
5.3 The data referred to in section 5.2 may be used to compile a data file, statistics and marketing material.
6 DATA FILE
6.1 By registering as a user of the Software, the User provides the following personal data: First name, last name, company, region/country, title, telephone number and e-mail address.
6.2 The following transactions that can be used to uniquely identify the User will be stored on a Gebwell server during the use of the Software: number of Software launches (time/user), loading of configurations (time/user), saving of incomplete choices (time/user), completion of finished choices with the “Finish” button (time/user) and saving of finished images (time/user/choices made).
6.3 The other data and terms of the data file are described in the privacy policy, which can be downloaded from the Gebwell website.
7 LIMITATION OF LIABILITY
Under no circumstances shall Gebwell be liable toward the User or a third party for any direct or indirect, special, incidental or consequential damage caused by the User’s use of the Software, regardless of the way in which the damage was caused or the basis of liability.