We take the protection of your private data extremely seriously and would like you to feel at ease when visiting our website. The security of your personally identifiable information, such as your name, address, telephone number and email address, is our key concern that we take into account in our business processes. We run our Internet activities in line with the data protection and data security laws. Below you can find out which information we collate and how we deal with it. The LINEAR website may contain links to the websites of other service providers, in particular to the websites of LINEAR industrial partners. This privacy policy does not apply to these websites.

Personally identifiable information
We do not collate any personally identifiable information without your consent. You decide whether you want to pass this data on to us or not, for example during registration, the placing of an order, a download or a survey. Generally speaking, we use your personally identifiable information to answer your queries, to process your order or to provide you with access to special information or offers. In order to maintain customer relationships, it might also be necessary

– to save your personally identifiable information, process it and share it, e.g with industrial partners, so that we can react better to your wishes, or improve our products and services

– for us (or a third party who we have commissioned) to use this data to inform you about offers from LINEAR and its industrial partners that could benefit your company, or to carry out online surveys, which we use so that we can better deal with your requirements.

Of course, we respect that you might not want to share your personally identifiable information with us for the purposes of supporting our customer relations - in particular for direct marketing or market research. We will never sell your personally identifiable information to third parties, nor market it in any other way.

Information that is automatically collated and not personally identifiable
When you access our website, the only information that is automatically collated (unless you register etc.) is information that is not allocated to a specific person (e.g. information concerning your web browser and operating system; the website from which you came; the number of visitors, average time spent on the site, pages visited). LINEAR uses this information to calculate the appeal of our website and to improve its contents. When you visit one of our pages, we may save information on your computer in the form of a "cookie". This information will automatically recognise you during your next visit. Cookies allow us to adapt a webpage to suit your interests or to allow you to save your password so that you don't need to enter it every time you visit the website. If you generally reject the use of cookies, you can set up your web browser so that it either deletes cookies from your computer hard drive, blocks all cookies, or warns you before a cookie is saved.
 

Security
LINEAR takes precautions to protect the data that we manage from accidental or wilful manipulation, loss, destruction or against being accessed by unauthorised persons.
 

Right to information
If you have any questions concerning how your personal data is handled, please contact one of our data protection officers who will assist you by providing you with information, listening to your comments or handling your complaints. If required, LINEAR will provide you with information concerning whether and which personal data concerning you is saved by LINEAR. This information will be provided immediately in writing in line with the applicable laws. If, despite our best efforts regarding the integrity and topicality of data, incorrect information is saved, we will amend this in accordance with your requests.

LINEAR GmbH
Im Süsterfeld 20
52072 Aachen
Germany

Phone +49 241 8898010
Web www.linear.eu
E-Mail info@linear.eu

Management
Manfred Waluga
Javier Castell Codesal
Jürgen Frantzen

Handelsregister Aachen, HRB 5701
USt-IdNr.: DE 160367433

PROCESSING	Customer data	Supplier data	Applicant data
Purposes for which the personal data are to be processed	Communication, information, quotation and accounting	Communication, information, quotation and accounting	Communication, application procedures
data categories			qualification, work experience
sources			Personnel service provider
Legitimate interests pursued by a third party
Categories of recipients			Personnel service provider
The controller's intention to transfer the personal data to a third country or an international organisation	ZAccess to customer data by partner companies on the basis of EU standard clause contracts
Obligation to provide the personal data	contractual	contractual	contractual

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

© Copyright 2020 LINEAR Gesellschaft für konstruktives Design mbH, Aachen, Germany

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 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 (CET)
(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/legal-notice/.
 

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.

Software Usage Conditions

of the LINEAR Gesellschaft für konstruktives Design mbH [Version: July 2020]

1.    Application
These Software Usage Conditions apply to all offers, i.e., all software services offered by LINEAR Gesellschaft für konstruktives Design mbH (“LINEAR”).

2.    Acceptance
By accepting these Software Usage Conditions (“Usage Conditions”) during contract conclusion or the installation, registration or login process or by accessing or using our offers, you confirm your acceptance of these Usage Conditions. Without this consent, you may not access or use our offers.

You agree to these Usage Conditions in the name of the enterprise or legal person on whose behalf you are acting (e.g., as an employee or contractor), or, if there is no such enterprise or legal person, in your own name as a natural person (respectively, “you”). You assure and guarantee that you are authorized to act in the name of the legal person (if existent) and in your own name and may bind this the legal person or yourself.

3.    Right to Return in Exchange for a Refund
If you object to a condition of this contract, you may return the offer within the return period of 10 calendar days of the purchase date and may be entitled to a refund. However, this does not apply if you already accepted these Usage Conditions during contract conclusion. 

LINEAR will fully refund the purchase price for orders placed directly via LINEAR if you suspend usage within the above return period and return the offer. For orders placed through a reseller or other third party, please check the applicable return and refund policies of this third party.

4.    Other Agreements & General Conditions of Contract 
In addition to these Usage Conditions, other agreements concluded with LINEAR apply. This especially includes the contract through which you acquire an offer of LINEAR and/or are granted a license (“main contract”) and LINEAR’s General Conditions of Contract (“General Conditions of Contract”). These General Conditions of Contract may be retrieved here. In case of contrary or conflicting provisions in this document, the following order of priority applies:

•    The main contract and individual agreements concluded therein
•    The General Conditions of Contract
•    These Software Usage Conditions.

5.    Data Protection
Protecting your data and informing you about how LINEAR uses your personal information is of great importance to iNear. The Privacy Policy explains how LINEAR may collect, use, store and process personal information concerning or related to you and how you may obtain erasure of your personal information. You confirm that you read and understand this Privacy Policy.

6.    License Terms
The terms of the license will be specified by the main contract. Use of software after the applicable license term expires and any attempt to disable the software’s time control function represents unauthorized use and an essential breach of this contract and infringement of industrial property rights.

7.    Subscriptions and Services
Your subscriptions and services may include software or web services or a combination thereof. If you subscribe to an offer, LINEAR will provide access to the offer via your account or, in certain cases, via a third party authorized by LINEAR or otherwise. Certain offers may require additional information to be set up or accessed and you agree to provide this information. Extensions of subscriptions and services are based on the main contract and the General Conditions of Contract.

8.    Software
Software means software or similar material, especially modules, components, features and functions provided by LINEAR, irrespective of whether they are provided as part of a subscription or for a fee. Software includes updates and upgrades.

If you order software or an offer that includes software, the software will be provided to you by LINEAR via a link or electronically or will be shipped to you by LINEAR or a third party authorized by LINEAR. Shipments of physical data carriers or other non-electronic embodiments may be subject to additional fees.

LINEAR will, conditional on compliance with these Usage Conditions and any payment obligations, grant you a non-exclusive, non-sublicensable, non-transferable license to install and use the software for offers consisting of software and provided or supplied by LINEAR; installation and usage may only be performed (i) in accordance with the documentation for the offer and (ii) as part of your subscription, including the granted number, license type, territory and other attributes specified for the type you chose when subscribing to the offer. 

You may only install, use or access (or permit the installation or usage of or access to) software in accordance with the contract between you and LINEAR and these Usage Conditions and no other installation, usage or access will be authorized.

For the term of your subscription, LINEAR may grant access to or provide updates or upgrades for software. These updates and upgrades are subject to the same license and other conditions as the upgraded or updated software. We recommend installing and applying any updates and upgrades provided during your subscription without undue delay. 

For the term of your subscription, you may only produce an archival copy of subscribed software for backup and archiving purposes. If software (including updates and upgrades) provided or supplied by LINEAR is licensed for a limited subscription period and not sold, you may not assign or transfer your license without LINEAR’s express authorization in text form. Your web services subscription does not grant you a license to the underlying software used for performance of the web service.

9.    Software Protection
LINEAR’s offers may limit their application to usage rights under this contract through software protection. In such cases, this protection is a part of LINEAR’s offer. Any manipulation of software protection is prohibited. In case of damage to or defective functions of physical software protection (hardlock), the software protection may be sent to LINEAR for inspection.

Installation, retrieval, transfer and continued usage of the software requires authorization codes. Authorization security mechanisms may render the software unusable if you try to transfer the software to another computer, manipulate the date settings mechanisms on your computer, use the software for longer than the applicable test or limited period or if you perform other actions to disable the security mode. 

10.    Access to and Use of Offers
Depending on the offer, you may have to log in to your account to activate, (continue to) use or (continue to) access the offer. Only you and your authorized users may use and access offers. Access to and use of any offers depends (among other things) on your on-time payment of all fees for the offers, including taxes and other charges, and compliance with these Usage Conditions.

Certain offers may have your electronic devices connect to the Internet automatically (sporadically or regularly) – e.g., to review the validity of your subscription, grant you access to services (including services of third-party providers) or download and install updates or upgrades; this will be done without you being notified. You consent to such connections, reviews of your subscription’s validity and automatic downloads and installations of updates and upgrades. 

Offers do not include access to the Internet, other networks or communications services and do not include hardware, software, storage, security or other resources necessary for access to or use of the offers. You and your other providers and service providers are responsible for the acquisition, reliability, security and performance of these elements.

Not all offers and functions of offers are available at every location or in every language. 

11.    Test Versions
LINEAR may provide or supply offers (or functions of offers) designated or offered as “test,” “beta” or similar versions (jointly: “test versions”). You may only download, install, use and access test versions for the test period and for test purposes, as expressly permitted by LINEAR. Unless expressly stated in the online or other documentation for the test version, (i) the subscription period for test versions is limited to 30 days, (ii) usage is limited to non-commercial review purposes without the right to provide or transfer the test version to third parties and (iii) usage is only permitted to you as a natural person or, if you are an enterprise or a legal person, to a designated employee. 

Irrespective of the usage conditions in these Usage Conditions or other usage conditions, (a) LINEAR provides no assurances for features, functions, performance levels for test versions or data or guarantees for test versions, (b) LINEAR may decide against a general release of a test version or against converting a test version to a product offer and (c) test versions may feature programming that may include errors and defects that may result in total data losses or system failures. LINEAR reserves the right to end test versions at any time without notice. 

12.    Feedback
You are not required to submit suggestions for improvement, other suggestions or other feedback (jointly: “feedback”) to LINEAR, whether related to a test version or other purposes. 

If you nonetheless provide feedback, you hereby grant LINEAR a non-exclusive, transferrable, irrevocable, worldwide license free of charge (with the right to issue sub-licenses) to use, prepare, use, sell, offer for sale, reproduce, edit, disseminate, make publicly accessible and publicly perform, disclose and otherwise use this feedback and offers that use this feedback. 

13.    Usage Restriction & Data Security
13.1    Appropriate Usage of Offers 
Offers are for software intended to assist you with drafts, analyses, simulations, estimates, tests and other activities; offers do not replace your professional judgement or own independent drafts, analyses, simulations, estimates, tests or other activities, including those concerning product stress load, security and usability. Due to the great variety of possible applications for offers, they are not developed or tested for special applications and you are responsible for deciding whether an offer is suitable for your purposes. 

LINEAR is in no way responsible or liable for results, including expenses, obtained when using the offers, including expenses. You are solely responsible for your (and your authorized users’) usage of the offers and the results, including expenses, obtained thereby.

Without limitation, your responsibility includes determining appropriate usage of offers and choosing offers and other computer programs and material to assist you with obtaining your desired results. Furthermore, you are responsible for determining the suitability of independent processes for assessing the reliability, accuracy, completeness, compatibility with applicable legal requirements and other features of expenses, especially including all elements created with the assistance of the offers. 

Furthermore, you recognize that offers and expenses may not produce the results desired for your drafts, analyses, simulations, estimates, tests and other requirements.

13.2    Permitted Usage of Offers
You may only access and use (and authorize use of and access to) the offers in compliance will applicable laws (and must comply with them). Unless permitted expressly in these Usage Conditions or otherwise in text form by LINEAR, you may not: 

•    Fully or partially reproduce, alter, adjust, translate, transfer or create works derived from offers, unless expressly permitted by law, irrespective of contrary contractual provisions. 

•    Fully or partially sub-license, distribute, transmit, sell, rent, lend or otherwise provide offers (including any functions thereof) to third parties or provide functions of offers to third parties (neither in the capacity of a service provider nor otherwise). 

•    Use or other access offers on or via the Internet (unless provided by LINEAR via the Internet), wide area networks (WANs) or other non-local networks or application virtualization technologies, web hosting, timesharing, software as a service, platform as a service, infrastructure as a service, Cloud or other web-based, hosted or similar services. 

•    Remove notices concerning copyrights, trademarks, confidentiality or other property rights for offers, documentation or related material.

•    Override, disable or otherwise restrict the performance of technical security features used by LINEAR to (i) manage, monitor, control or analyze the installation and usage of and access to offers or (ii) protect LINEAR’s industrial property rights. 

13.3    Backups
LINEAR recommends securing and protecting your content through suitable encryption and security technologies. You recognize that online services may be subject to disruptions or failure which may prevent you from retrieving your content. LINEAR recommends regularly producing and storing backups of your content. You are at all times responsible for storing and regularly preparing such backup copies of your content.

14.    Confidentiality
Confidential information means information not known generally known to the public and that (i) a disclosing party provides or discloses to a recipient party in written form and (ii) is specified in writing as confidential by the disclosing party. LINEAR’s confidential information also includes public aspects of (i) offers and related product plans, technologies and other technical information and (ii) business negotiations. Confidential information does not include (a) information that (1) is made publicly accessible without a breach of duty towards the disclosing party; (2) was known to the recipient party without a breach of duty towards the disclosing party (and without confidentiality obligations) before its disclosure by the disclosing party; (3) was received by a third party without a breach of duty towards the disclosing party; (2) was known to the recipient party without a breach of duty towards the disclosing party (and without confidentiality obligations); or (4) was developed by the recipient party independently; (b) your content that you submit or make accessible to third parties via offers; or (c) feedback.

You or LINEAR (as the “disclosing party”) may disclose or provide confidential information related to these Usage Conditions to the other party (as the “recipient party”). The recipient party must apply the same diligence to confidential information of the disclosing party as for the protection of the confidentiality of the recipient party’s own confidential information (though, in no case, less than adequate diligence), and the recipient party must (i) only use confidential information of the disclosing party in relation to the offer and (ii) limit access to confidential information of the disclosing party to employers, advisors, contractors, service providers, professional consultants and other persons who require such access for purposes related to the offer and are not subject to less strict confidentiality obligations towards the disclosing party than those in these Usage Conditions, unless otherwise authorized by the disclosing party in written form. 

The recipient party may disclose confidential information of the disclosing party if required by law. The recipient party must inform the disclosing party in advance about such mandatory disclosure (if legally permissible) and must implement adequate measures to limit such disclosure. 

Furthermore, LINEAR may disclose your confidential information to comply with orders from state authorities or regulatory authorities (including summons or court orders) as part of proceedings concerning LINEAR or if requested by you. If you request disclosure, you may be responsible for the costs of creating and providing access to your confidential information.

15.    Ownership Rights of LINEAR
You recognize and agree that LINEAR and its licensors and suppliers have all ownership of and hold all rights to (i) the offers, metrics and other information or material provided to you by LINEAR and (ii) any copies of the above-stated items or other material or information based on, derived from or that otherwise uses them (including any rights from trade secrets, copyrights, trademarks, patents and from any other intellectual or other property rights concerning the above-stated items). 

The structure and composition, underlying algorithms and other internal data (internals), protocols, data structures and other external data (externals) and the source code of the offers represent protected and confidential information of LINEAR which, without LINEAR’s prior written authorization in text form, you may not disclose to third parties and may not use for purposes other than ordinary access to or ordinary use of offers necessary in accordance with these Usage Conditions. 

You may not access or attempt to access the offers through methods other than the interface provided or authorized by LINEAR. Furthermore, you may not decompile, disassemble or otherwise reverse engineer or otherwise attempt to determine or investigate the structure, composition, underlying algorithms or other internal data, protocols, data structures or other external data or the source code of the offers, unless expressly permitted by law or other contract provisions. LINEAR may provide or grant access to other confidential or protected information (either designated or, due to the circumstances, understood as such). If you receive such information, you may, without LINEAR’s prior written authorization in text form, not disclose this information to third parties or use it for purposes other than to access and use the offers as necessary in accordance with these Usage Conditions. 

You are only entitled to the rights expressly granted to you by these Usage Conditions, the main contract and the General Conditions of Contract. Any rights not expressly granted to you are reserved for LINEAR and its licensors and suppliers; LINEAR and its licensors and suppliers expressly exclude any further rights (and you may not exercise further rights). 

You may not perform actions or authorize or encourage third parties to perform actions (and may not cooperate with third parties for actions) contrary to these Usage Conditions.

16.    Indemnification
You must hold LINEAR harmless of (and, if requested, defend LINEAR against) any loss, liability claims and costs (including appropriate attorney’s fees) incurred by LINEAR due to claims, lawsuits or proceedings (“claims”) related to (i) your content, (ii) your (including your authorized users’) use of offers, including expenses or other incidents generated by such use and (iii) your (including your authorized users’) infringements of these Usage Conditions, including claims based on LINEAR’s negligence or alleged negligence.

17.    Term, Termination & Discontinuation
These Usage Conditions will come into effect on the first day on which they are accepted in accordance with Section 1 “Acceptance.” Offer termination is regulated by the main contract and LINEAR’s General Conditions of Contract. 

18.    Other Usage Conditions
18.1    Changes to Offers
LINEAR reserves (and you must recognize and agree to) the right to, from to time, (i) change or publish subsequent versions of offers or to discontinue and/or provide replacements for offers, (ii) change or discontinue features and functions or supported features or availability of offers, both in general or for certain regions or languages or (iii) introduce or change license keys, authorization or others forms of access or usage control for offers. LINEAR will try to inform you about significant changes to offers.

18.2    Usage Conditions’ Language & Interpretation
These Usage Conditions must be interpreted based on their German version; notification or other communication related to these Usage Conditions will be provided in German. Unless specified otherwise, the term “days” means calendar days in these Usage Conditions. 

18.3    Compliance
LINEAR has the right to (electronically or otherwise) review your and your authorized users’ access to your installation and use of offers. For such reviews, LINEAR and its agents have the right to review your records, systems and equipment, including device IDs, serial numbers and related information, with 15 days’ notice. In addition, if requested, you must, within 15 days of receiving notice, provide any records and other additional information concerning your (and your authorized users’) access to and installation use of offers. If LINEAR determines that your access, installation or use is not compliant with these Usage Conditions, the main contract or the General Conditions of Contract, you must cure this non-compliance without undue delay which may require you to acquire valid subscriptions for your usage to correspond to these Usage Conditions and you may be required to bear the appropriate costs for such reviews. Irrespective of this Section 20.5, LINEAR reserves the right to review your compliance with these Usage Conditions, as otherwise regulated therein, and to resort to other legal remedies provided by law or in equity.

18.4    Notification
Your messages to LINEAR must be sent by email or delivery service to the following address:
LINEAR Gesellschaft für konstruktives Design mbH, 
Im Süsterfeld 20, 52072 Aachen, GERMANY
Such notification will become effective upon its receipt by LINEAR. 

Unless expressly specified otherwise by these Usage Conditions, LINEAR will send message to you (i) by email to the email address registered for your account, (ii) on your account, (iii) with an offer (e.g., via an offer’s message function or during registration), (iv) by mail or delivery service to the address registered for your account or (v) in another manner considered suitable by LINEAR for special messages to you. Notification by LINEAR to you will, (a) if sent by email, become effective 1 day after being sent and (b), in case of other notification, become effective 5 days after being sent or posted. You hereby consent to having any summons or service of process sent to you via registered letter to the address specified on your customer information form (or, if you did not complete a customer information form, to your last address known to LINEAR) if permissible by law.