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liNear Rechtliche Hinweise

Legal information &
terms and conditions

Legal notes of the liNear Gesellschaft für konstruktives Design mbH

Contributions by independent authors do not necessarily represent the views of liNear.

© Copyright 2020 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


Terms and conditions (T&C) for liNear Gesellschaft für konstruktives Design mbH


1.     OBJECT OF CONTRACT 
1.1     These general terms and conditions (GTC) apply to all offers, that means all services performed by liNear 
Gesellschaft für konstruktives Design mbH (liNear), in particular services  in relation to software product and the provision of subscription and support services, to their contract partners (Client) (liNear and Client hereinafter also referred as “Party” or “Parties”).

1.2    Any terms and conditions of the Client that deviate from or exceed these GTC shall not apply, unless expressly agreed to in writing. They are hereby excluded.

1.3    These GTC apply as amended to all future contracts concluded with the Client even in individual cases where liNear does not specifically refer to these GTC.

Deviating agreements must be made in writing to be effective and can only be agreed by management. 

1.4    The respective valid General Terms and Conditions can be viewed and printed out at any time from the liNear website.

1.5    The exclusive contractual languages are German or English, even if the user interface in the online shop is available in another language. 

1.6    These General Terms and Conditions only apply to entrepreneurs, legal persons under public law or special funds under public law in the sense of Section 310 (1) German Civil Code (BGB). The goods offered in the liNear online shop are only intended for such persons.


2.     CONCLUSION OF CONTRACTS
2.1     If orders are not placed via the internet (see Sections 3.1-3.4), contracts come into force with the confirmation of the order by liNear in text form or through the performance of the order by liNear.

2.2    If the contents of an order confirmation differ from the order placed by the Client, the contents of the order confirmation shall be considered approved by the Client, unless the Client objects to liNear in writing within eight days of receiving the order confirmation from liNear.

2.3    Offers made by liNear are unbinding, unless the offer is referred to as binding in writing. An offer shall only become binding through a contract signed by both parties, written confirmation of the order by liNear or through the performance of the order.


3.     INFORMATION ON THE CONCLUSION OF CONTRACTS ON THE INTERNET
3.1     The following sections 3.1 to 3.4 only apply to orders placed on the internet. They apply additionally to the terms in Section 2 and override these in case of contradictions.

3.2    By clicking the “Confirm and Place Order” button, the Client places a binding order for a transaction to purchase products, services and/or subscriptions from liNear subject to these GTC. By clicking the “Confirm and Place Order” button, the client confirms that they are at least 18 years old, are not a consumer in the sense of Section 13 BGB and, insofar as they are placing the order for a company, that they are authorised to legally bind the company.

3.3    By providing your information to liNear GmbH for the purpose of the order, you consent to this information being processed to fulfil the order in accordance with the liNear Privacy Policy. The current version of the liNear Privacy Policy can be found on the liNear website.

3.4    By clicking the “Confirm and Place Order” button the Client places an irrevocable order to purchase products, services and/or subscriptions from liNear subject to these GTC and at the prices indicated at the time the purchase is completed.

When the order process is complete the Client will receive an order placement confirmation/confirmation of receipt from liNear once the order has been forwarded for further processing at liNear. This confirmation does not constitute the acceptance of the Client’s order. liNear reserves the right to cancel your order or renewal at any time for any reason until the offer has been accepted. In this case liNear will refund any advance payments made by the Client for the products, services and/or subscriptions.

The order only becomes binding for liNear once the order is confirmed by an order confirmation or by performance.


4.     PRICES
4.1    Unless otherwise agreed prices are ex works and include packaging.
The indicated prices and the amounts payable by the Client are exclusive of any taxes, duties, customs or other official charges that may be applicable, including sales, excise, use, goods and services taxes, value added tax or similar taxes, whether they are based on the delivery, possession or use of the products, services or subscriptions or on any other legal basis („Taxes“), but excluding any income, property or concession taxes that may be payable by liNear. Taxes (as previously defined) to be collected from liNear, shall be paid by the Client and are listed as separate items in the order placement confirmation (unless liNear receives a valid tax exemption certificate from the Client before the order is processed).

4.2    liNear invoices time and materials remuneration according to the currently applicable liNear price list.


5.     TERMS OF PAYMENT
5.1    Payment can be made by:
•    Payment in advance,
•    Credit card,
•    Paypal or
•    Direct debit.

Payment shall become due on receipt of the delivery or service at the latest, immediately and without deduction.

5.2    liNear is entitled to choose which payment methods are available in each case. liNear reserves the right only to offer certain payment methods to the Client, for example only to offer advance payment to protect against credit risk.

5.3    If the advance payment method is chosen, liNear will provide its account details to the Client in the invoice. The invoice amount is to be transferred to the specified account within 10 days of receipt of the order confirmation.

5.4    For payment by credit card the purchase price will be charged to the Client’s credit card when the order is placed.

5.5    For payment by PayPal the Client will be redirected to the PayPal website during the order process. To be able to pay the invoice amount via PayPal the Client needs to be registered or will need to register, will need to legitimise their access details and confirm the payment order to liNear. Once the order is placed in the shop, liNear will request the initiation of the payment transaction from PayPal. The Client will receive further information during the order process. Once the process is complete PayPal will make the payment immediately and automatically.

5.6    For payment by direct debit, the Client shall bear any costs incurred as a result of a reversal of a transaction due to insufficient funds in the account or due to incorrect bank account details provided by the Client.

5.7    If the Client defaults on a payment, they shall be obliged to pay default interest at the statutory rate applicable at the time. liNear will also have a claim to the payment of the statutory fixed default sum applicable at the time. The right to assert further claims for damages is reserved. liNear is also entitled to make all claims against the Client due and payable and to demand new securities or to make the performance of any outstanding deliveries and services subject to advance payment or the provision of securities.  

5.8    If it is not possible for liNear to process the payment using the method stipulated by the Client in the order or if liNear has justified grounds to assume that the Client
-    is not authorised to purchase products, services or subscriptions from liNear, either as a result of a breach of these GTC or of any applicable law or for any other reason
-    has breached these GTC in any other way
-    has used the products, services or subscriptions in connection with fraudulent or otherwise criminal activities. 
liNear may, without prejudice to any other claims against the Client,
-    refuse delivery of products, services or subscriptions,
-    block or suspend  the Client’s continued access to the products, services or subscriptions, or
-    cancel the automatic renewal of a service/subscription under any renewal plan the Client may be party to.


6.     RETENTION OF TITLE
Material goods purchased by the Client shall remain the property of liNear until the complete payment of the purchase price.


7.     OFFSETTING/RIGHT OF RETENTION
7.1    The Client shall only be entitled to offset counterclaims that have been legally established or counterclaims that are not contested or have been acknowledged. 

7.2    The Client shall only be entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship. 


8.     DELIVERY
8.1    Unless otherwise agreed, delivery of the goods will be performed through the provision of a link. This link can be activated by the Client, triggering the download of the product to the Client’s chosen storage medium. It is the Client’s responsibility to ensure that they have suitable software to ensure that the files and contents can be properly opened, edited and printed. liNear will (if applicable) also send the Client the corresponding valid licenses for the products, services and/or subscriptions by email to the email address specified by the Client during the order process. Applicable terms of use may contain restrictions regarding how the products, services and/or subscriptions may be accessed and used.

8.2    The delivery of material goods may be subject to delivery fees. The Client is responsible for the payment of the delivery fee as well as any other taxes and fees that may apply in their country,

8.3    liNear reserves the right to deliver before the scheduled delivery date. Partial deliveries are permitted insofar as the goods can be used separately by the Client. 

8.4    Performance and delivery dates shall only be binding to the extent that liNear expressly refers to them as binding in text form.

Claims of the Client in the event of a delay in delivery are limited to the cancelation of the respective order from a delay of more than thirty (30) days beyond the scheduled delivery date. Any further liability of the Parties is excluded.

8.5    The risk of deterioration and loss of the delivery or performance is transferred to the Client with the handover to the carrier or freight forwarder. If liNear is not responsible for the delay of a delivery, the risk transfers to the Client on the day that the goods are ready for dispatch. 

8.6    In cases of force majeure, strikes, lockouts, interruptions or breakdowns in operations, illness or death of employees, defects in raw materials and supplies or non-delivery by suppliers for which liNear is not responsible, the delivery deadline date shall be postponed for the period of the disruption (as well as for a reasonable start-up time after the disruption has been rectified). 


9.     COOPERATION OF THE CLIENT
9.1    The Client will provide liNear with the necessary and appropriate support in the fulfilment of its contractual obligations. In particular, the Client will provide any official approvals, preliminary work performed by third parties, test environments etc. necessary for the performance of the services by liNear. Where necessary, the Client will enable liNear to access their business premises during regular business hours.

9.2    The Client will carry out installation preparations, especially transportation from the delivery address to the place of use, the provision of the facilities required for the electricity supply, the provision of trained personnel etc. at their own cost. These preparations must be made in good time to enable liNear to perform contractual services without undue delay.

9.3    Waiting times not caused by liNear, additional travel expenses and travel times, and work performed outside of the working hours applicable to liNear technical personnel due to reasons not attributable to liNear, shall be invoiced additionally according to the respective liNear hourly rates and overtime premiums. This also applies to work performed by liNear to identify defects notified to liNear by the Client, in cases where it is discovered that there is no defect in services performed by liNear under Section 12.


10.     INSTALLATION
10.1    liNear only provides installation services on the basis of individual written agreements. The same applies to the instruction of the Client’s staff and consultation and training.

10.2    If liNear installs software, liNear and the Client will conduct an inspection following the once the installation is complete using previously agreed test scenarios (“proof of operational readiness”). Prices for installation services provided by liNear include the proof of operational readiness. Proof of operational readiness shall be considered given if the installation does not exhibit any defects which significantly affect the functionality of the installed software. Minor defects shall be rectified under the warranty in Sections 11.2 to 11.4.

10.3    Proof of operational readiness shall also be considered given if the Client does not reply to an inspection request from liNear in writing within 14 days or if the Client makes use of the performances in full operation for more than 14 days without notifying any defects.

10.4    For the customisation of software and individual programming the provisions of the individual project agreements between liNear and the Client shall have priority.  


11.     NOTIFICATION OBLIGATION, MATERIAL DEFECTS AND DEFECTS OF TITLE
11.1    The Client shall check that deliveries and services from liNear are complete and free from any defects and transport damages immediately on receipt. If liNear does not receive a written notification of defects from the Client within 14 days of the delivery of the goods, the deliveries and services shall be considered accepted, with the exception of defects that could not be detected at the time of the inspection (Section 377 German Commercial Code (HGB)). If such defects are discovered at a later date, the Client shall notify these defects to liNear in writing within 14 days of their discovery. Otherwise the products shall also be considered accepted regarding these defects.

11.2    liNear hereby assigns to the Client all claims for material defects and defects of title which liNear has against any third party with regard to all deliveries and services which liNear obtains from the third party and resells to the Client. The Client shall only be entitled to assert claims for material defects and defects of title against liNear in accordance with the following sections following an unsuccessful prior legal claim against the third party.

11.3    Unless otherwise expressly agreed, statements in the specifications and in the product and service descriptions do not constitute guaranteed characteristics.

11.4    liNear guarantees that the deliveries and services correspond to the descriptions in the specifications, in the product and service descriptions and in the documentation and that no rights of third parties prevent the contractual use by the Client. An error in the sense of liability for material defects shall only be given in the event of a reproducible error which becomes a not insignificant impairment to the contractual use by the Client.

11.5    If a material defect or defect in title was fraudulently concealed, the statutory limitation period shall apply. Otherwise the limitation period for material defects and defects in title shall be one year from the delivery of the goods to the Client or one year from the completion of the installation by liNear.

11.6    In the event that not insignificant material defects are notified to liNear in accordance with Section 11.1, liNear may first render subsequent performance or replacement. Subsequent performance may be rendered at liNear’s discretion through the rectification of defects or, for software, the provision of a new program release or by liNear demonstrating ways to avoid the effects of the defect. A complete elimination of defects is therefore not always possible or owed through subsequent performance. The Client is prepared to employ workaround solutions or to accept new program releases unless this would result in them incurring unreasonable expense. For defects in title liNear shall achieve subsequent performance by providing the Client with a legally unobjectionable option to use the deliveries or services or, at liNear’s discretion, with equivalent replacement deliveries or services.

11.7    In the event that subsequent performance definitively fails or liNear refuses to render subsequent performance the Client shall be entitled to reduce remuneration or to cancel the contract accordingly. 

11.8    Further claims for material defects and defects of title are excluded subject to Section 17 (Limitation of liability).


12.     SUPPORT CONTRACTS
12.1    liNear offers telephone support under support contracts on the basis of an hourly quota. Telephone support is limited to the following services:
(A)     telephone support from Monday to Friday from 8.30 am to 12.30 pm and from 1.30 pm to 5 pm
(B)     telephone support for all liNear programs
(C)     telephone support with installation.
liNear undertakes to provide at least two experienced technicians for support during the specified times. The subject and time invested are documented for each support request. A detailed list is provided to clients on request. Clients with support contracts receive preferential treatment. If all of liNear’s support line should be engaged, a liNear technician will return the call.
The purchased hourly quota is paid in advance. If the quota is exceeded liNear reserves the right to charge for extra hours.

12.2    Unless specified otherwise in the support contract, the contract only applies to the principal place of business of a client with multiple branches. Further support contracts will need to be concluded for other branches.


13.     SUBSCRIPTION CONTRACTS (SOFTWARE MAINTENANCE)
13.1    The subscription serves the purpose of keeping the program that has been supplied to a Client up to date with the latest liNear version release. The object of the subscription is the respective latest version of a program that liNear has released and provided to a Client for an operating system platform or Autodesk program platform.
Subscription clients can choose from supported platforms. liNear reserves the right to discontinue support for older operating systems or Autodesk versions and to adopt newer operating systems and Autodesk versions. 

13.2    liNear updates the Client’s contract software to the latest released version through additional deliveries, at times specified by liNear. These additional deliveries contain the newest version of the software that provide improvements, expansions or correct known errors. The software is delivered via the internet.

13.3    Fees are payable annually in advance.


14.     AUTOMATIC RENEWAL OF SERVICES OR SUBSCRIPTIONS
14.1    If the Client purchases a service or subscription, and especially the support and subscription services described in the above Sections 12 and 13, the purchased service or subscription will be automatically renewed by one year, if the service or subscription is not cancelled in due time. This renewal is effected at the prices that the Client originally paid for the service or subscription (plus any applicable taxes or other fees), unless liNear informs the client of price changes (see below).

14.2    liNear reserves the right to change the price of the renewal for the next renewal date. In this case liNear will inform the customer about this three month before inception of the amendment in advance in writing.

14.3    These GTC apply to any renewal.


15.     CANCELLATION OF SERVICES AND SUBSCRIPTIONS
The cancellation of services or subscriptions requires written notification in due time, two months before the end of the contract.


16.     TERMS OF USE
The software terms of use of liNear apply in addition to these general terms of contract. The software terms of use of liNear are available at https://www.linear.eu/en/usage-conditions/.

17.     LIMITATION OF LIABILITY
17.1    liNear shall be liable for damages caused by intent or gross negligence, including that of its legal representatives and vicarious agents, as well as for damages caused by negligent injury to life, limb or health, in accordance with the statutory provisions. Liability under the Product Liability Act also remains unaffected.

17.2    Otherwise, liNear’s liability is excluded unless material contractual obligations have been breached. To the extent that liability is excluded or limited, this also applies to the personal liability of the bodies, employees, workers, staff, representatives and vicarious agents.

For breaches of material obligations liNear shall only be liable for foreseeable and typical damages. For simple negligence, including that of legal representatives and vicarious agents, liability is limited to a maximum amount of €100,000.00 per damage case and to a total of €500,000.00 for all damage cases in a calendar year.

17.3    It is the Client‘s responsibility to regularly back up their data. In the event of data loss for which liNear is culpable, liNear shall therefore only be liable for those damages that would have occurred if the data had been properly backed up.


18.     GENERAL PROVISIONS
liNear is entitled to use subcontractors and vicarious agents to fulfil its obligations. The Client is prohibited from assigning or transferring the rights they are granted under these GTC; any assignment or transfer shall be invalid. Any delay in the assertion of rights under these GTC, whether by the Client or liNear, 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 GTC shall only be effective if it is declared in writing by the waiving party.


19.     FINAL PROVISIONS
19.1    The exclusive place of jurisdiction for any disputes arising from or in connection with any contracts between liNear and the Client is Aachen. 

19.2    The law of the Federal Republic of Germany applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

19.3    Should individual provisions in these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

19.4    The German version of these GTC is binding in the event that there are any contradictions between a version of these GTC in another language and their translation.