License Agreements of the Allplan GmbH
Contents
1. e in the case of intention gross negligence and severe or ganizational negligence e in the case of injuries to life body or health regardless of the severity of the fault and e if a guarantee has been accepted 7 2 Cardinal duties and foreseeable damage typical for the contract If no case under point 7 1 is given Allplan shall be liable if signif icant contractual duties are violated and if this endangers the achievement of the contractual purpose cardinal duties limited to the amount of the foreseeable damage typical for the contract 7 3 Other Cases If none of the cases mentioned in points 7 1 and 7 2 exists the liability of Allplan shall be limited to fifteen times the contractual remuneration at most 250 000 00 in particular if other contrac tual duties are violated NEMETSCHEK PEPEEPEETEU Allplan 7 4 Period of Limitation Claims under this point shall become time barred within 12 months with the proviso that the statutory period of limitation shall apply to claims under point 7 1 7 5 Contributory negligence and backup of data e f any damage is attributable both to the fault of Allplan as well as fault on part of the customer the cus tomer has to accept contributory negligence e In particular the customer shall be responsible for a regu lar backup of their data Thus in the case of loss of data caused by Allplan Allplan shall exclusively be liable for the costs of reproduction of the2. data of the backup copies to be prepared by the customer and the reconstruction of the data which would also have been lost if backup copies had been prepared at reasonable intervals 7 6 Product liability law The liability under the product liability law remains unaffected 7 7 The above mentioned regulations shall also apply in favour of the employees of Allplan 8 Miscellaneous 8 1 If the customer also uses general terms and conditions the con tract shall take effect even without express agreement regarding the inclusion of general terms and conditions If the different gen eral terms and conditions comply with regard to the content they shall be regarded as having been agreed upon Conflicting indi vidual regulations shall be replaced by regulations under optional law The same shall apply if the customer s terms and conditions contain regulations not contained within the scope of these terms and conditions If these terms and conditions contain regulations not contained in the customer s terms and conditions the present terms and conditions shall apply 8 2 In the case that the export of the software is subject to national or international export regulations the customer has to obtain approval from the competent authorities The costs of the export in particular customs taxes fees and other costs are to be borne by the customer 8 3 The customer may only assign or transfer this contract and or their rights or duties u
3. for the above mentioned purpose The collection processing and storage of data may be objected to at any time with effect for the future Moreover you can prevent the registration of the data which are created by the cookie and relate to your use of the website including your IP address to Google as well as the pro cessing of such data by Google by downloading and installing the browser plug in from the following link http tools google com dlpage gaoptout hl de For more infor mation please see tools google com dlpage gaoptout and or www google com intl de analytics privacyoverview html general information about Google Analytics and data protection We point to the fact that Google Analytics was extended by the gat _anonymizepl code on the website in order to ensure the anonymous registration of IP addresses so called IP masking 2 3 The software includes technological measures to prevent unli censed use Customer accepts that Allplan will implement measures to check if a legal license of the software is used and if the software is used in compliance with the provisions of this agreement If Allplan finds out that no licensed copy of the soft ware is used or that the use of the software violates the provi sions of this agreement customer will not be permitted to install future software updates Allplan will take necessary precautions so that no software updates can be performed and installed in these cases Customer accepts
4. means of remote data transmission If the technical access is not possible at all or only under aggravated conditions and this is caused by the customer the customer shall bear any additional costs arising due to that reason 6 4 The customer s claim for elimination of errors shall be excluded if the error is not reproducible or cannot be demonstrated based on automatically generated outputs 6 5 If the errors which have occurred are attributable to circum stances within the sphere of the customer for which Allplan is not at fault the liability for defects shall not apply This applies for example in the case of disturbances as consequence of the use of unsuitable operating resources e g hardware op erating system etc or if the customer has not complied with the Allplan GmbH Konrad Zuse Platz 1 81829 M nchen Telefon 49 89 9 27 93 0 Fax 49 89 9 27 93 5200 info allplan com www allplan com HypoVereinsbank M nchen Kto 665854906 BLZ 700 202 70 Sitz M nchen Amtsgericht M nchen HRB 147169 Ust Id Nr DE228452447 St Nr 143 101 30126 FA M nchen f K rperschaften Seite 2 von 4 License Agreements of the Allplan GmbH 19 03 2014 regulations of the related operating manuals terms of use or in stallation requirements of the software Allplan is not obliged to adjust software to other operating systems another hardware system or other programming languages In addition the liability for defects shall not be appl
5. that Allplan collects technical data from their computer during this inspection process forwards them and or uses them to enforce its rights in order to identify illegal use of the software or initiate criminal proceedings 3 Network Utilisation 3 The simultaneous storing retaining or use on more than one computer is not admissible with a single user license The simul taneous use of the software within one network e g within a local area network Intranet or a wide area network Internet Extra net is admissible if the customer is entitled to do so by Allplan in writing and pays a network fee that may be due for that purpose lacking regulations in the written authority the amount of this fee shall be based on the relevant current Allplan price list Within the scope of the network license the customer is not entitled to Allplan GmbH Konrad Zuse Platz 1 81829 M nchen Telefon 49 89 9 27 93 0 Fax 49 89 9 27 93 5200 info allplan com www allplan com HypoVereinsbank M nchen Kto 665854906 BLZ 700 202 70 Sitz M nchen Amtsgericht M nchen HRB 147169 Ust Id Nr DE228452447 St Nr 143 101 30126 FA M nchen f K rperschaften Seite 1 von 4 License Agreements of the Allplan GmbH 19 03 2014 the delivery of dongles or license files for individual places for the purpose of single user applications If the customer violates the regulation specified in sentence 1 3 and or if they violate Allplan s rights
6. License Agreements of the Allplan GmbH 19 03 2014 General The subject matter of these conditions is the licensing of software from Allplan GmbH Munich hereinafter Allplan The conditions are final Other conditions that are applied together with these within the scope of the contractual relationship shall not be used for inter preting the conditions 1 Terms of Use 1 1 The customer acknowledges that the software and the user doc umentation can be protected by copyright Apart from that the customer acknowledges the software as Allplan s trade secret 1 2 Software is only left to the customer as object code on machine readable data carriers Allplan shall not be obliged to surrender the source code to the customer 1 3 Allplan grants the customer the simple and non transferable right to use the acquired software for the purposes typical for the con tract and to duplicate it within the scope of the legally admissible limits if the duplication in question is necessary for using the soft ware The necessary duplications of a single user license include the installation of the software on the mass storage of the hard ware used as well as loading the software into the random ac cess memory in question If the customer changes the hardware they shall delete the software from the hardware used until that point Allplan specifically reserves the right to sub licensing even within the scope of reselling the software processing
7. e point The same shall apply to gaps in the conditions 8 8 With regard to all legal relationships under this contractual rela tionship including contract conclusion and negotiations the par ties agree on the application of the law of the Federal Republic of German excluding the United Nations Convention on Contracts for the International Sale of Goods As far as legally admissible the exclusive place of jurisdiction is the competent court which has subject matter jurisdiction at Allplan s registered office Allplan GmbH Konrad Zuse Platz 1 81829 M nchen Telefon 49 89 9 27 93 0 Fax 49 89 9 27 93 5200 info allplan com www allplan com HypoVereinsbank M nchen Kto 665854906 BLZ 700 202 70 Sitz M nchen Amtsgericht M nchen HRB 147169 Ust Id Nr DE228452447 St Nr 143 101 30126 FA M nchen f K rperschaften Seite 4 von 4
8. icable if the customer has made changes to and or interference with the software unless the cus tomer proves in connection with the error message that the inter ference did not cause the error This does not grant the customer a right to process the maintenance software 6 6 If the subsequent improvement or the substitute delivery ulti mately fails despite two attempts being made by Allplan the cus tomer shall be entitled to reduce the remuneration or cancel the contract The latter right shall only exist if the error results in ex treme impairment of essential functionalities of the software If the contract is terminated the customer shall be obliged to send to Allplan all copies of the software including original data storage media if any and including any changed copies or to destroy them at the request of Allplan and to confirm this in writing 6 7 If the contract covers the delivery of several goods e g delivery of hardware and software and if only individual goods are de fective the customer s claims based on defects shall be limited to the defective goods unless the customer is objectively not in terested in the non defective goods without the defective goods 6 8 Claims for damages shall exclusively be governed by point 7 be low 7 Damages Regardless of the legal ground Allplan shall exclusively be liable pur suant to the following provisions 7 1 Unlimited liability Allplan shall have unlimited liability
9. ied to Allplan within another five working days in text form The notification must include a de tailed description of the defects possibly using defect notification forms of Allplan Defects which cannot be determined within the framework of the proper examinations must be notified within fif teen working days after discovery in compliance with the above mentioned requirements regarding the notification of defects If the duty to examine and notify defects is violated the goods shall be deemed as approved regarding the defect in question 6 3 In the case of defective delivery Allplan shall be entitled without charge to subsequent improvement or exchange also by provid ing a newer version of the software at their option Allplan may also fulfil the duty to eliminate errors by providing instructions for the elimination of errors by the customer themselves The elimi nation of errors may also take place by means of a workaround of the error if the error is removed subsequently in the course of a regular updating of the software update upgrade etc If the defect does not impair the functionality of the software or only insignificantly impairs the functionality Allplan may remedy this defect by the subsequent transmission of a regular updating of the software update upgrade etc The error logging takes place at the registered office of Allplan The customer grants All plan access to their hardware and computer programs directly or by
10. letting dis tributing exhibiting presenting demonstrating and publishing it 1 4 The customer is entitled to duplicate the software for backup pur poses Generally only one single backup may be produced and kept The backup copy shall be marked as a copy of the surren dered software The backup copy may be used solely for archiv ing purposes 1 5 The customer is not allowed to rent out the software or the related user manuals for profit making purposes to lease it or to surren der it for use to third parties in any other way e g through on demand applications such as SaaS 2 Automatically collected data 2 1 When opening the software the program will automatically at tempt to establish an Internet connection in order to access the Allplan Connect palette which offers contents of Allplan Connect websites and to load the current contents of the Allplan online help and the Allplan Exchange portal This feature may be deactivated after opening the software The program will not es tablish an automatic connection until this has explicitly been ac tivated again 2 2 In order to determine the attractiveness of the various Allplan websites and to improve its performance and contents the soft ware uses web analysis services of Google Inc Google Google Analytics or another provider For this purpose cookies are used text files which are stored on the customer s computer and which help analyze how the websites are u
11. nder this contract to third parties with the previous written consent of Allplan Allplan will not unreasonably deny this consent 8 4 Both contracting parties undertake only to use any confidential information operating and or trade secrets of the other contract ing parties of which they learned within the framework of the con tractual relationship for the purpose of executing the contract and to keep them in confidence indefinitely 8 5 Any changes and or supplements to this contract must be made in writing in order to be effective 8 6 The place of performance for all obligations under the contract shall be Munich Allplan GmbH Konrad Zuse Platz 1 81829 M nchen Telefon 49 89 9 27 93 0 Fax 49 89 9 27 93 5200 info allplan com www allplan com HypoVereinsbank M nchen Kto 665854906 BLZ 700 202 70 Sitz M nchen Amtsgericht M nchen HRB 147169 Ust Id Nr DE228452447 St Nr 143 101 30126 FA M nchen f K rperschaften Seite 3 von 4 19 03 2014 NEMETSCHEK License Agreements of the Allplan GmbH PELTEELUedl Allplan 8 7 If individual provisions of these conditions are ineffective or cease to be effective due to a circumstance occurring at a later point of time the effectiveness of the rest of the conditions shall remain unaffected Instead of the ineffective provisions regulations shall apply which are as close as possible to what the contracting par ties would have wanted if they had considered the respectiv
12. ng the legal defect and or to change the software or exchange it in whole or in part at their NEMETSCHEK PEPEEPEETEUd Allplan option and at their costs and to an extent reasonable for the cus tomer If this fails the customer shall be entitled to reduce the remuneration reasonably or to rescind the contract after fixing a reasonable period of grace If the legal defects of the software are only insignificant the rescission shall be excluded 5 3 The customer shall support Allplan reasonably when it comes to disputes within the scope of this point This includes in particular the immediate written information of Allplan about the assertion of the alleged infringements of trade mark rights by third parties with regard to the software as well as granting authorities the right to reasonably defend the software 6 Claims based on defects 6 1 The period of limitation for claims based on defects from supplies of goods amounts to 12 months starting with delivery and or where Allplan also owes the installation after completion of the installation or the electronic transmission This shall not apply to fraudulently concealed defects 6 2 As far as reasonable the customer shall examine the goods sup plied within fifteen working days after delivery and or completion of the installation by Allplan in particular with regard to complete ness and basic functionalities Defects which are or can be de termined in this respect must be notif
13. of expenses Allplan reserves the right to make the customer prove in a comprehen sible form that receipt of the information is necessary 4 2 The acts necessary to ensure interoperability may only be left to 5 commercially working third parties who are actual or potential competitors of Allplan if Allplan does not want to carry out the desired actions against remuneration Allplan shall be granted a reasonable period for considering acceptance of the order and notified the name of the third party Within the scope of establish ing interoperability the permanent removal of labels or marks of Allplan at the software and or any accompanying material shall be inadmissible Trade mark rights of third parties As far as Allplan knows there are no trade mark rights of third parties which impair the contractual use of the software under this contract As such Allplan indemnifies the customer from claims of third parties in the case of culpable infringements of third party rights by Allplan Allplan shall not be liable for claims of the customer based on changes of the software under this contract not carried out by Allplan on legal defects of third party software which is not a component of the software or on the cul pable violation of the related user manual 5 2 If the contractual use of the software under this contract is im paired by trade mark rights of third parties Allplan shall be enti tled to acquire licenses for remedyi
14. sed NEMETSCHEK PEPEEPEETEU Allplan As soon as the software is opened information is collected auto matically which cannot be allocated to a certain person e g In ternet browser and operating system used number of visits All plan will use this information in order to determine the attractive ness of the websites and to improve performance and contents The information generated by the cookie about the use of the websites including the IP address which will be anonymised im mediately after collection by deleting the last block of numbers will be transmitted to and stored by Google on servers in the USA Google will use such information in order to analyse the usage of the web palette to compile reports about the website activities for Allplan and to perform further services connected with the usage of the web palette and the Internet If necessary Google may also transmit this information to third parties if this is required by law or to the extent that third parties process such data on behalf of Google In no case will Google link the IP ad dress to other data of Google The installation of cookies may be prevented by using the appropriate settings of the browser soft ware However Allplan points out the fact that in such a case not all features of the websites may be used to their full extent By using the websites the customer agrees to the processing of the data collected by Google in the manner described above and
15. they shall be obliged to pay a contractual penalty amount ing to two times the amount of the network fee according to the current Allplan price list If the customer does not notify the scope of the violation of the rights in an understandable form Allplan shall be entitled to estimate the extent of the violation Allplan shall moreover be entitled to terminate a network license that might exist with immediate effect In case of termination cus tomer shall neither be entitled to damages nor to repayment claims with regard to the network fees 3 2 The provision in points 1 1 to 1 5 shall analogously also apply to the duplication of parts of the software and to the complete or partial duplication of the user manual 3 3 The customer shall only be entitled to leave the software to a third 4 party in case of uniform surrender of the software under complete and final abandonment of the own use The temporary or partial surrender of use to third parties is forbidden Any forwarding of the software shall in any case be approved of by Allplan in writ ing Decompilation The re translation of the surrendered software code into other code forms decompilation as well as other types of reverse en gineering of the different software production levels is inadmissi ble The interface information necessary for ensuring interopera bility of an independently produced computer program can be re quested from Allplan against compensation
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