for the provision of the Software WTS II free of charge by Adolf Würth GmbH & Co. KG (“AWKG”)
§ 1 Scope of application
- 1. This End User Licence Agreement applies solely to use of the Software WTS II free of charge as permitted by AWKG.
- 2. The Software is intended solely for commercial use. Should you not be an Entrepreneur within the meaning of the German Civil Code (BGB) and still wish to use the Software, please contact AWKG directly.
- 3. The sole purpose of the Software licensed under this End User Licence Agreement is supporting you in the selection of AWKG products. All information and data in the Software covers only the use of AWKG products.
- 4. The use of this Software is no substitute for obtaining specialist advice. The Software cannot replace the necessary consultations with the appropriate specialists (structural engineers, etc.) required for your project. Please refer to the instructions for use under section 4.
§ 2 Definitions:
Unless otherwise provided for, the following terms in this End User Licence Agreement shall have the meanings set forth below (including in the definitions themselves):
- AWKG: Adolf Würth GmbH & Co. KG.
- Download: The possibility of transferring data via the internet.
- Object Code: The Software in a form readable solely by machines, and suitable for generating executable machine code.
- Source Code: The Software’s source text, written in a human-readable programming language.
- Software: the software WTS II developed by AWKG for calculating fixtures and reinforcements for existing structures.
- Entrepreneur: An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
- Parties: Both you and AWKG.
§ 3 Conclusion of the Agreement
This End User Licence Agreement is concluded between you and AWKG when you start using the Software.
§ 4 Instructions for use
- 1. The calculations made by the Software are based on the data entered for each specific pro-ject and on the assumption that the applicable installation instructions are strictly adhered to.
- 2. The User is responsible for entering accurate and complete data. The Software does not check the data entered for errors nor for relevance or plausibility.
- 3. The results of the Software calculations are non-binding recommendations, whose sole pur-pose is to help the User assess the applicable standards and approvals and any potentially re-sulting structural requirements. AWKG gives no warranty as to the accuracy, completeness and relevance of the results.
- 4. The results of the calculations are no substitute for structural design calculations by a structural engineer. All results need to be reviewed and confirmed by a structural engineer to ensure the results correspond to the requirements of the project in question and the applicable local statutory requirements, standards and approvals.
- 1. AWKG grants you the right to use the Software in Object Code form under this End User Licence Agreement. Any use of the Software exceeding the terms of this End User Licence Agreement or any other use of the Software is prohibited.
- 2. For the duration of any IP rights in the Software, you are granted a non-exclusive, royalty-free right to use the Software in Object Code form for the agreed purposes for internal use. Use of Software includes any permanent or temporary reproduction of the Software in Object Code form when storing, loading, executing or displaying the Software during use; With the exception of saving a back-up copy (section 6 of the End User Licence Agreement), any other reproduction of Software is hereby excluded. Such reproduction of the Software includes, but is not limited to, reproduction of the Software for distribution to third parties, either for a fee or free of charge.
- 3. You may only alter or edit the Software to the extent required for the intended use of the Software or to correct any errors. In all other respects, you may only alter the Software to the extent expressly permitted by AWKG in writing.
- 4. With regard to the rights in the Software granted to you, you may not grant any rights or sublicenses to third parties. Section 10 of the End User Licence Agreement remains unaffected by this.
- 5. You have no claim to updates, upgrades or newer versions of the Software.
§ 6 Back-up copy
The contractual use of the Software and any data stored in the Software includes the production of a back-up copy. This back-up copy may only be used for back-up purposes.
§ 7 Source Code/Object Code
- 1. The Software is provided to you in Object Code form as a Download or on machine-readable data carriers.
- 2. No license or right in the Source Code or parts thereof is granted to the User who may not use or otherwise exploit the Source Code.
- 3. Decompiling the Object Code is only permissible if the statutory restrictions pursuant to section 69e of the German Copyright Act (UrhG) are complied with. Any further decompiling of the Object Code is not permitted.
§ 8 Protection of the Software
- 1. You undertake to observe the proprietary notices contained in the Software, such as copyright notices and other reservations of rights, to retain them without alteration and to keep them in the back-up copy in the same form.
- 2. Without prejudice to the rights of use granted under this End User Licence Agreement, AWKG retains all rights to the Software including all copies or partial copies of the Software that you produce. This does not affect your ownership of machine-readable data carriers and hardware on which the Software is stored.
§ 9 Warranty for defects and liability
- 1. AWKG shall only be liable for material defects and defects of title in the Software (warranty for defects) when AWKG has fraudulently concealed the defect and/or where it has provided a guarantee.
- 2. Outside of the warranty for defects, AWKG shall only be liable for intent and gross negligence in accordance with the German Product Liability Act, and, in all other cases subject to strict liability, in accordance with statutory requirements.
- 3. In all other respects, AWKG’s liability is excluded.
- 4. To the extent AWKG’s liability is restricted or excluded according to the provisions above, this shall also apply to the personal liability of AWKG’s legal representatives, employees and agents as well as to any indirect and consequential losses (e.g. loss of data, damage to hard-ware or software, disruption of operations, production downtime, loss of profit).
- 5. The provisions above shall also apply to any damage caused by virus-infected Software. Please check the Software for computer viruses before using it for the first time.
- 6. You are solely responsible for entering correct and accurate data and information into the Software, and for interpreting the results delivered by the Software.
§ 10 Passing on the Software
- 1. You may provide a third party with the original version of the Software together with a copy of this End User Licence Agreement if this third party expressly consents in writing to the application of this End User Licence Agreement.
- 2. By passing on the Software in compliance with the conditions set out in section 10 para. 1 of this End User Licence Agreement, the right to use the Software passes to the third party, which then replaces you as a party to this End User Licence Agreement. Your right to use the Software expires at the same time.
- 3. When passing on the Software to a third party, you shall promptly delete or otherwise destroy all copies and partial copies of the Software as well as any altered or edited versions of the Software. This also applies to the back-up copy made in accordance with section 6 of the End User Licence Agreement.
§ 11 Confidentiality
- 1. The Parties undertake to maintain secrecy with regard to all confidential information to which they have access in connection with this Agreement, for an unlimited period. Confidential information is information either protected or marked as confidential by a Party or otherwise designated in writing, or information whose confidentiality is reasonably evident to the receiving Party according to the circumstances of its disclosure.
- 2. The above obligation to maintain secrecy does not extend to information that the receiving party can prove is or has become (i) publicly known through no fault of any contracting party, (ii) part of the generally accepted state of the art, (iii) already known to the receiving party at the time of disclosure, as evidenced by the receiving party’s writ-ten records, (iv) legally disclosed to the receiving party by an authorized third party, or information that (v) must be disclosed owing to statutory regulations or enforceable of-ficial orders or court decisions. The burden of proof that one of these exceptions applies lies with the receiving party. In each case, the party whose confidential information will be or has been disclosed shall be notified in due time before the information is disclosed to third parties where possible.
- 3. Both parties shall take reasonable precautions to safeguard the other party’s confidential information and only disclose the other party’s confidential information to governing bodies, employees, consultants or subcontractors subject to this obligation of confidentiality, imposing the same confidentiality obligations on all recipients of confidential information.
§ 12 Other
- 1. Should individual provisions of this End User Licence Agreement be or become invalid, this shall not affect the validity of the remaining provisions.
- 2. Conflicting or differing general terms and conditions of your business apply only if AWKG has expressly consented to them in writing.
- 3. AWKG will store and automatically process your personal data in an IT system for the purpose of processing the permission to use the Software. This personal data will not be used for any other purpose. For further information, please visit: https://www.wuerth.de/web/en/awkg/datenschutz/datenschutz.php
- 4. If you are a qualified businessperson (Kaufmann) within the meaning of the German Commercial Code, a public law entity or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall the court of competent jurisdiction in Künzelsau. AWKG reserves the right to bring an action at your general place of jurisdiction.
- 5. The laws of the Federal Republic of Germany apply. The United Nations Convention on the International Sale of Goods is hereby excluded.
Please do not hesitate to contact us with any queries you may have. In this case, please contact
- Adolf-Würth GmbH & Co. KG
- 74650 Künzelsau
Or visit us at www.wuerth.de.
Updated on August 2020
Status: Mai 2019
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