1. General Terms and Conditions
These general terms and conditions of business shall be applicable to all declarations of intent, contracts and agreements as well as legal acts or quasi legal acts between Dlubal Engineering Software and its customers (hereinafter called “the customer”). The general terms and conditions of business of a customer not being commensurate with the following conditions and terms shall be inapplicable. We expressly object to any counter-confirmation made by the customer invoking his own terms and conditions relative to general business and/or purchase transactions. Such terms and conditions shall not become part of any agreement unless they are expressly acknowledged in writing by Dlubal Engineering Software.

2. Offers, Orders and Delivery
Our offers are subject to confirmation as long as a binding period is not mentioned. Orders must be made in writing. Unless otherwise specified by the customer, the delivery of software, including documentation and hardlock is effected upon order placement and carries the conditions under Provisions For Use (see below). Information about delivery date is nonbinding. Prices do not include shipping costs, customs duties, or any other official import charges. The customer shall check the goods for completeness and damane after delivery without delay and notify us immediately of losses. If the customer unjustifiably refuses acceptance of the goods, Dlubal Engineering Software shall be entitled to claim damages for non-performance up to the value of 15% of the agreed price plus all resulting shipping costs. The invoice, including shipping and other official charges, is payable within 14 days without deductions or discounts. No credit cards are accepted. Payment can only be made by checks drawn on German banks or by wire transfer of funds.

3. License Conditions
Dlubal Engineering Software allows the license holder a simple, non-transferable right to use the acquired software. This is valid for one’s own use for an indefinite period. Transferring the programs or any part thereof to a third party is not allowed. The transfer of a license, e.g. through resale, requires the prior written notification and consent from Dlubal Engineering Software. In all cases, software and dongle remain the property of Dlubal Engineering Software.

4. Fees and Prices
All stated fees and prices are quoted, unless otherwise mentioned, exclusive of shipping costs and the applicable, relevant VAT. For deliveries outside of Germany, customers must provide a sales tax identification number to dispense with German VAT charges. The publication of a new price list invalidates all earlier price offerings.

5. Provisions For Use
Until full payment of all bills outstanding from the licensee, Dlubal Engineering Software grants the licensee the right to use the purchased software with reservations.

6. Warranty
Programs and User Manuals of Dlubal Engineering Software are created to the best of the company’s knowledge and thoroughly checked before delivered to customers. However, a guarantee for absolute freedom from errors cannot be given. The warranty against proven, serious program mistakes and program inadequacies is according to the law of the Federal Republic of Germany. If warranty applies, the licensee will receive the fastest possible correction of his software. Dlubal Engineering Software reserves the right to consider the reasonable functionality of the program, and to decide whether the licensee will receive a completely new program version or only a corrected portmon thereof. Demands for an update or upgrade because of program mistakes are not possible. Program functions desired by the licensee, but not included in the program, are not program mistakes unless they were previously guaranteed in writing by Dlubal Engineering Software. Any additional warranties are barred as long as they are consistent with statutory regulations.

7. Claim for Damages
Claim for damages against Dlubal Engineering Software and their employees are barred for any indirect and consequential loss, with the exception of proven gross negligence or deliberate malice.

8. Loss or Destruction of Dongles
The loss or destruction of a dongle will result in the licensee’s obligation to purchase additional license(s) for all licensed programs included in the original dongle at current prices. Only when the damaged dongle or part thereof is returned to Dlubal Engineering Software, will a replacement dongle be authorized at € 100 plus shipping and applicable sales tax.

9. Support
Program purchases from Dlubal Engineering Software include technical support for the software when submitted by fax or email. The scope and type of support can be extended with the purchase of a separate service contract (see Service Contracts). The hotline allows the support of all questions that directly relate to the functions of the programs from Dlubal Engineering Software. There is no entitlement to additional assistance for operating systems, hardware configurations, foreign software or the implementation, processing, and solutions of static and dynamic problems. The right to telephone hotline support is only possible when a licensee purchases the relevant service contract. Permission for using screenshots from structures that customers have provided to Dlubal Engineering Software in both promotional and technical cases (e.g. in brochures, direct mail, websites, etc., or through demonstrations and presentations) is permitted, unless written documentation between the company and customer indicates otherwise.

10. Other Conditions
Agreement with the provisions with current information, regardless of form, shall be deemed as given, unless otherwise disagreed with in written form. Should a single term or several terms of the General Terms and Conditions of Business be ineffective in their entirety or partial form, or should a loophole be found in the terms, the validity of the other terms are not affected. Entire or partial ineffective terms or loopholes will be replaced by an appropriate and effective regulation that, if legally possible, fulfils or will fulfil legal and economic purposes.

11. Final Provisions
This contract shall be governed exclusively by the laws of the Federal Republic of Germany. Place of execution and jurisdiction for deliveries and payments as well as the all disputes is Ing.-Software DLUBAL GmbH in 93464 Tiefenbach, Germany in compliance with § 38 ZPO. We are entitled to bring action against customers before the court of law.