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Legal notes of the liNear Gesellschaft für konstruktives Design mbH

Contributions by independentauthorsdo notnecessarily represent the viewsofliNear.


© Copyright 2015 liNear Gesellschaft für konstruktives Design mbH, Aachen, Germany

Legal notes and brands

liNear permits the downloading of content from its website for business, however this must be for solely non-commercial purposes, on the condition that all copyright and other property rights in the original contents are noted.

The contents of this website must not be reproduced in modified form or for commercial purposes, or displayed publicly, presented, distributed or used in any other way. It is not permitted to use the contents of this website on another website. The contents, in particular illustrations, graphics, drawings etc. contained in this website are protected by copyright. This is particularly applicable in the case of illustrations, drawings and graphics that originate from third parties and that liNear displays in each heading or under point 9 (Notes regarding publication), which are not specially labelled.
Each unauthorised use of the contents of this website may infringe copyright, trademark or other legal regulations. In the case of infringement of these conditions, the authorisation for use of the website contents by liNear automatically expires. Therefore, please contact liNear if you wish to use media and materials for your publications.

1. Manufacturer's warranty disclaimer
The contents – in particular all software applications and services – on this website are provided to the exclusion of all manufacturer warranties. liNear does not assume any responsibility for their commercial availability, for their suitability for a certain purpose or for their non-infringement of property rights. The obligations of liNear relating to its products and services are solely subject to the agreements under which these products and services were provided. Furthermore, liNear does not assume any responsibility for the accuracy and completeness of the contents, software applications and services on this website. liNear reserves the right to make modifications to the contents and services of this website and to the products and prices cited within the website at any time and without prior notice. The content and services of this website may no longer be up-to-date. liNear is not obligated to keep the contents and services on this website up-to-date.

2. Limitation of liability
Users utilise the contents provided on this website at their own risk. liNear, or any third parties cited on this website, does not accept any liability for any possible damages (in particular incorrect calculations, incorrect plans, data loss or loss of profits). This is not applicable in the case of criminal intent nor for cases in which liability is legally binding. If use of this website, or the contents made available on it, leads to you having to exchange or correct your applications or data, liNear is not liable for any costs.

3. Use of software
The use of the software applications that can be downloaded from this website is subject to the provisions of the Copyright Law, and the general terms and conditions of liNear and/or their commercial partners. The use of the software is subject to the conditions of the software licence agreement, which is either supplied with or contained in the software, or the usage conditions. Downloading software with the licence agreement, which is either supplied with or contained in the software, or installing it is only permitted once you have read the conditions of the licence agreement and have agreed to them. It is forbidden to reproduce or resell the software. This is only permitted within the framework of the provisions listed in the applicable licence agreement.

4. Information provided by users
The provision of support and/or service works may see information being transmitted to liNear in a specially protected area on this website. liNear advises that neither confidential nor information protected by copyright may be transmitted nor made available via this website. As a result, liNear assumes that all documents, information or other inputs or transmissions that you transmit to this website or make available upon it are neither confidential nor protected by copyright. liNear does not assume any responsibility for the transmissions.
If personally identifiable information is sent to liNear, for example in the case of job applications or in order to receive products or services, this data is handled by liNear in line with the privacy policy.

5. Customer forum and other communication platforms
liNear reserves the right, although is under no obligation, to monitor and check all areas of the website in which users transmit information or communicate exclusively with one another, e.g. a customer forum. liNear does not accept any liability for the content of these areas, irrespective of legal basis. liNear reserves the right to remove transmissions or messages, either in part or in their entirety, containing information that is considered to be unacceptable.

6. Links to websites from third parties
The links to websites operated by other companies (third party developers and/or industrial partners) that are contained on this website are provided solely for the interest of the user. When you click on one of these links you leave the liNear website. liNear has not checked all websites and contents provided by these providers, and has no influence on these websites or their contents. As such, liNear does not accept any responsibility for these websites. As a result, liNear will not make any statements about these websites, the information, software or other products that they contain, or about any other contents or the results of using these services. Accessing the website of a third party via a link on this website is the sole responsibility of the user.

7. Trademarks
Trademarks (belonging to hardware and software companies and/or industry partners) are only used for labelling and information purposes, for example to describe an operating system or versions of software platforms. The rights for the trademarks or brand names and/or labels are held by the respective owners.

8. Copyright
All texts, illustrations, drawings, photographs, graphics, etc. are protected by copyright. The reproduction of all types of media is only permitted with the written permission of liNear. liNear has procured a licence to publish the photographs, illustrations, drawings etc. published on this website, or has received permission to publish these with or without an approval notice.

9. Links to this liNear website
Links may only be made to this website with the express written permission of liNear.
Note: In the case of links to this liNear website, the guidelines for links with websites set by liNear and all other applicable laws must be adhered to.

10. General information
This website is managed by liNear. These conditions are subject to the law of the Federal Republic of Germany. The legal venue for commercial clients for all litigation is Aachen. liNear reserves the right to update or modify these conditions at any time.

Version: November 2010

 

1.    OBJECT OF CONTRACT

1.1 These terms and conditions (T&C) apply to all deliveries and services performed by liNear Gesellschaft für konstruktives Design mbH (hereinafter liNear), in particular to the delivery of software products. When it comes to support and maintenance contracts, liNear's special conditions for software support and maintenance also apply; in this respect these terms and conditions are of a supplementary nature. Agreements that deviate from these terms and conditions are only valid in written form and must be agreed upon by the management board. These terms and conditions do not apply to business conducted with consumers.

1.2 Any provisions to the contrary in the Client's general terms of business are hereby superseded.

1.3 These terms and conditions apply in their applicable form to all agreements made with the Client, including in cases where liNear does not specifically point to the validity of these terms and conditions.

2.    INFORMATION CONCERNING CONCLUDING AGREEMENTS ON THE INTERNET

2.1 The following paragraphs 2.1 to 2.7 only apply for orders made via the Internet. They are applicable in addition to the terms of agreement contained in paragraph 3 and override these in the case of contradictions.

2.2 The information contained on the liNear website is subject to change without notice.

2.3 The Client can only make orders via the Internet in German language.

2.4 If the Client would like to purchase one of the products presented on the website, they must complete the online order form in full and then click "Confirm". The order will then be displayed. The Client can check the information they have provided and, by clicking on "Amend", return to the page on which they entered the information. By clicking on "Confirm and place order" the Client is making a binding offer to purchase the selected products.

2.5 The Client can download the order that they have made, including these terms and conditions, onto their own computer by clicking on "Save", and can then save it if required. Clicking on "Print" allows the Client to print the order and these terms and conditions. Once the Client has left the order section of the liNear website it can no longer be accessed.

2.6 liNear saves the contract, including the information provided by the Client, in order to complete the purchase contract and, where necessary, will pass on the personal details of the Client, in particular to the credit institute named by the Client as well as to the company entrusted with collection.

2.7 liNear will confirm the Client order via email. The arrival of this confirmation at the email address supplied by the Client in the order process denotes that the contract has come into force.

3.    CONCLUSION OF AN AGREEMENT
3.1 If orders are not made via the Internet (see para 2.7), contracts come into force with the order confirmation in text form by liNear or through the execution of the order by liNear.

3.2 In cases where the contents of an order confirmation differ from the order placed by the Client, the contents of the order confirmation are considered to be approved by the Client, unless the Client sends a written contradiction of this to liNear within eight days of receiving the order confirmation from liNear.

4.    SERVICES PROVIDED BY liNear

4.1 Computer programs are provided to the Client in binary format, either on machine-readable data storage media or to download from the Internet, depending on the agreement. liNear provides the Client with the documentation in German/English, either in electronic form or on paper.

4.2 liNear only provides installation services for the software on the basis of an additional written agreement stipulating this service. This also applies to the instruction of Client personnel, as well as to the provision of advice and training.

5.    RIGHTS OF USE

5.1 All property and patent rights and other ancillary copyrights relating to the software as well as to all other deliveries and services provided by liNear are owned by liNear, unless otherwise stated below.

5.2 With payment of the agreed one-off payment, liNear grants the Client a non-exclusive, spatially unlimited right to use the software that cannot be sub-licensed to third parties. The rights of use are granted in perpetuity – subject to deviating regulations in the special conditions for software maintenance, where applicable.

5.3 A software license for a single user authorizes the Client to use the software on a computer in a location at a given time.

5.4 If liNear grants the Client a software license for use on a network (only possible with the products labelled as network versions), the software may also be used by the maximum number of contractually agreed authorized users.

5.5 If liNear grants the Client a software licence as a "training version", the Client will only use the software for training and learning purposes. If the software licence is granted as a "student version", it must only be used by the student who purchased it, and only for studying and learning purposes. Training and student versions must not be used for commercial purposes.

5.6 The Client is authorised to make a back-up copy of the software. This copy should be labelled as such. Making further copies for purposes other than that stipulated in the contract is not permitted. The aforementioned regulations also apply to the documentation provided in electronic form. The documentation provided in paper form must not be duplicated.

5.7 Modifications to the software and error corrections are only permitted to the extent that this is necessary for the correct use of the software. It is forbidden to decompile the software, unless this is necessary for the purpose of establishing the interoperability of the software with a computer program that has been independently created (§ 69e Copyright Law).

5.8 The translation, adaptation, modification or other editing of the software, as well as the operation of the software for third parties is not permitted.

5.9 Copyright and other proprietary notices within the software may not be removed or changed. They must be transferred to each copy of the software.

5.10 The rights of use granted by liNear are non-transferable unless prior written authorization has been given by liNear. Even once authorization has been given by liNear, network licenses may only be transferred in full.

5.11 If liNear transfers third party software to the Client, the license conditions of the third party who transferred this software to liNear are applicable in the relationship between the Client and liNear as a deviation from the aforementioned regulations. The aforementioned regulations are only applicable as a supplement.

5.12 The Client will not use any equipment, devices, software, information or other means that are designed to evade or overcome the copy protection used by liNear in connection with the software, or to use the software with a different hardware lock, authorization code, serial number or other copy protection that has not been supplied directly by liNear or by an authorized liNear partner company.

5.13 The Client will inform liNear immediately in writing if a third party makes claims against the Client due to alleged copyright infringements concerning the goods and services provided by liNear. The Client will not recognize nor settle these claims without the written agreement of liNear. In this case, liNear will indemnify the Client from the claims of the third party and the legal expenses. liNear will choose whether to acknowledge the claims of the third party or to make a defense against them.

6.    DELIVERY DATES / SHIPPING

6.1 liNear is authorized to make deliveries prior to the delivery date agreed. Part deliveries are permitted insofar as the deliveries are useful for the Client.

6.2 Service and delivery dates are only binding in cases where liNear expressly states that they are binding in writing.

6.3 The risk of accidental damage and theft during delivery or service is transferred to the Client when the goods are passed on to the forwarding agent. If the shipment is delayed at no fault of liNear, the risk transfers to the Client on the day the goods are ready to dispatch.

6.4 In the event of force majeure, strikes, lock-outs, service interruptions or downtimes, illness or death of members of staff, a lack of raw or operating materials, or a non-delivery by suppliers that is not attributable to liNear, the delivery deadline is increased for the period of the interference (as well as for a reasonable start-up time once the interference has been overcome).

6.5 In the absence of specific instructions provided by the Client, the means of transport and transport routes are selected by liNear. liNear nominates the forwarding agent and freight forwarder.

7.    PARTICIPATION BY THE CLIENT

7.1 The Client will provide liNear with the necessary and appropriate support in the fulfilment of the contractual obligations. In particular, the Client will provide any necessary official approvals, preliminary works carried out by third parties, test environments etc. for the carrying out of the services by liNear. Where necessary, the Client will provide liNear with access to their business premises during standard business hours.

7.2 The Client will carry out installation preparations, in particular transportation from the delivery address to the place of use, the provision of the equipment required for the electricity supply, the provision of trained personnel etc. at their own cost. These preparations will be made so that liNear can carry out the contractual services without undue delay.

7.3 Waiting periods not caused by liNear, additional travel expenses and times, and works performed outside of the applicable working hours for liNear technical personnel due to reasons not attributable to liNear, are additionally charged in line with the liNear hourly rates and overtime premiums. This also applies to works completed by liNear to determine deficiencies indicated to liNear by Clients, in cases where it is discovered that there is no defect of services by liNear in line with paragraph 12.

8.    INSTALLATIONS

8.1 In the case of liNear installing software, upon completion of the works, liNear and the Client carry out an inspection of using the test scenarios agreed upon (“proof of operational readiness”). The installation prices set by liNear include proof of operational readiness. The proof of operational readiness is considered delivered in cases where the installation does not exhibit any defects which significantly affect the functionality of the software installed. Smaller defects are rectified as part of the warranty as described in paragraphs 13.2 to 13.4.

8.2 The operational readiness is also considered to be achieved in cases where the Client does not propose a claim for inspection by liNear within 14 days in writing, or in cases where the services are used in normal operation for more than 14 days without issue.

8.3 When it comes to the customization of software and individual programing, the provisions from the project agreements concluded between liNear and the Client have primacy.

9.    DELAYS IN DELIVERY

9.1 If liNear defaults, the Client can withdraw from the agreement (insofar as this is not unreasonable as an exception) once an appropriate deadline for the delivery or service made by the Client in writing has elapsed. Paragraph 13 applies to compensation for damages. Further claims on the part of the Client are excluded in the case of a default on delivery.

10.    PRICES, PAYMENTS

10.1 Unless otherwise agreed, the delivery prices are ex works and do not include packaging. liNear calculates time-based remuneration in line with the applicable liNear price list. All prices from liNear are subject to the applicable value-added tax as well as to customs duties and other charges.

10.2 Payments by the Client are to be made upon receipt of the delivery or service and without deduction.

10.3 liNear shall also accept discountable bills of exchange on which all taxes have been properly paid as payment in cases where this has been expressly agreed. When it comes to acceptance of bills of exchange and cheques, the debt is not paid until the funds have been redeemed. The Client bears the discount charges and all other costs arising from the redemption of the bills of exchange and cheque.

10.4 In the case of a default of payment by the Client, liNear is authorized to demand all outstanding payments from the Client and to demand new securities or to make any outstanding deliveries of goods and services subject to prepayment or the provision of securities.

10.5 The assertion of any rights of retention or counterclaims, which are contested by liNear or that have not been legally asserted, is excluded. This does not apply to claims by the Client relating to willful or gross negligence by liNear.

11.    NOTES CONCERNING USE OF THE SOFTWARE

11.1 The software from liNear is intended for use by trained professionals; it does not replace the judgement of the professional; rather it is solely intended as an aid for the construction and calculation of certain trades. An independent inspection of the results calculated by the software, as well as the demands, safety and application suitability of the trades calculated with the help of the software is still necessary.

11.2 The possible technical application area of the software provided by liNear is extremely far-ranging. For this reason, it is not possible for liNear to test the functionality of the software in all areas of application. If the Client utilizes the software for areas outside of those applications described in the documentation, they do so at their own risk.

11.3 liNear points out that the software has been designed for the German and European market. liNear does not provide any guarantees or liability for the consensus, or applicability of the calculation results, of the software with technical or legal regulations that apply to the non-European market.

12.    DUTY OF INSPECTION, NOTIFICATION, AND REJECTION, DEFECTS, DEFECT OF TITLE

12.1 The Client is to check deliveries of goods and services from liNear to make sure that they are free from defects and transport damages, and are complete, immediately upon their receipt. If liNear does not receive a written notice of defect from the Client within 14 days of handover of the goods, the goods and services are deemed to have been approved, with the exception of certain defects which were not identifiable at the time of the inspection (§ 377 HGB). Should such defects be discovered at a later date, the Client is to inform liNear in writing within 14 days of their discovery. Otherwise the products are considered to have been approved, even in view of these defects.

12.2 In terms of all goods and services that liNear procures from third parties and resells to the Client, liNear cedes all claims concerning material defects and defects of title, which liNear has against this third party, to the Client. The Client is only authorized to make claims against liNear in line with the following paragraphs after the successful legal enforcement of these claims against material defects and defects of title against the third party.

12.3 Information provided in the specifications and in the product and service description does not represent guaranteed characteristics, unless expressly agreed otherwise.

12.4 liNear guarantees that the goods and services correspond to the description in the specifications, in the product and service descriptions and in the documentation, and that the use of these goods and services stipulated in the agreement does not infringe the rights of any third parties. An error in the sense of liability for material defects is only a reproducible error which leads to an insignificant impairment concerning the use stipulated in the agreement for the Client.

12.5 If a material defect or defect of title is concealed, the statutory limitation period applies. In other cases, the limitation period for material defects or defects of title lasts one year from the delivery of the goods to the Client, or from the point the goods are installed by liNear.

12.6 In the case of insignificant material defects, which liNear has been informed of in line with paragraph 12.1, liNear can choose to initially provide either a supplementary performance or a replacement delivery. The supplementary performance can be fulfilled by liNear through resolving the defect, by delivering a new program release in the case of software defects, or by liNear identifying possible ways of avoiding the effects caused by the defect. Thus, a full fault clearance through a supplementary performance is not possible nor is it owed in every case. The Client is hereby willing to implement workaround solutions or to use new program releases, unless this leads to an unreasonable additional cost. In the case of defects of title, liNear provides a warranty through supplementary performance, in that liNear supplies the Client with a legally unchallengeable option of using the goods or services, or liNear can choose to provide equivalent goods or services.

12.7 If the supplementary performance ends up failing or liNear refuses to provide it, the Client has the right to reduce the purchase price or to revoke the agreement.

12.8 Additional claims concerning material defects and defects of title are excluded subject to paragraph 13.

13.    LIABILITY

13.1 liNear has unlimited liability for compensation for damages caused by willful intent, whatever the legal grounds (e.g. tort, defects liability etc.). liNear is only liable for typical and foreseeable damages in the case of gross and simple negligence, including by its legal representatives and vicarious agents. In the case of simple negligence, including by its legal representatives or vicarious agents, liNear is only liable for the culpable violation of a contractual obligation (cardinal obligation).

13.2 In the case of simple negligence, including by its legal representatives or vicarious agents, the liability is limited to a maximum of € 100,000.00 per case of damages, as well as to a maximum of € 500,000.00 for all cases of damages within one calendar year.

13.3 liNear's liability for guaranteed characteristics, in the case of damage to life, body or health as well as in line with the Product Liability Law remains unaffected.

13.4 The Client is responsible for backing up their data on a regular basis. In the case of data losses caused by liNear, liNear is only liable for those damages that would also have occurred in the case of a proper backing up of the data.

14.    FINAL PROVISIONS

14.1 The sole legal venue for all litigation resulting from or relating to the agreements between liNear and the Client is Aachen.

14.2 This agreement is exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention of Contracts.

14.3 In the event of one clause in these terms and conditions being or becoming void, the validity of all of the other provisions shall not be affected.

14.4 Language. The German version of this contract is binding, if the translation of this contract differs.