Software Usage Conditions
of the LINEAR Gesellschaft für konstruktives Design mbH [Version: July 2020]
These Software Usage Conditions apply to all offers, i.e., all software services offered by LINEAR Gesellschaft für konstruktives Design mbH (“LINEAR”).
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
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.
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.
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.
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.
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.
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.
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.
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.