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 Ingenieur-Software Dlubal GmbH (hereinafter called "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.

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 shall be FCA Tiefenbach, Germany (INCOTERMS 2010) and carries the conditions under Reservation of Use (see below). Accounting is managed digitally and sent to the customer by email in the form of PDF files. The invoice is payable within 14 days without deductions or discounts.

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.

All stated fees and prices are quoted, unless otherwise mentioned, exclusive of shipping costs, export costs if necessary (e.g. customs duties and tariffs) and the applicable, relevant VAT. For delivery to member countries of the European Union customers must provide a valid VAT Identification Number. The publication of a new price list invalidates all earlier price offerings.

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.

Software products of Dlubal Engineering Software and their application represent means used to perform structural calculations. The correctness of calculations is the responsibility of the user. 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. The warranty against proven, serious program mistakes is according to the law of the Federal Republic of Germany. If warranty applies the licensee will receive the fastest 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 correctly portion thereof. 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.The right to receive an update or upgrade due to a program mistake does not exist. Further warranties exceeding the staturoy rules are excluded.

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.

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, a replacement dongle will be authorized at € 100 plus shipping costs, export costs if necessary (e.g. customs duties and tariffs) and the applicable, relevant VAT.

Program purchases from Dlubal Engineering Software include technical support for current software versions when submitted by fax or email (see Hotline & Customer Service). The scope and type of support can be extended with the purchase of a 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. The notes and explanations to the service contracts listed separately shall apply additionally.

Agreement with the provisions with current  information, regardless of form, shall be deemed as  given, unless otherwise disagreed with in written form. If a single term or several terms of the General Terms and Conditions of Business are ineffective in their entirety or partial form, or if a loophole is 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.

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 all disputes is Dlubal Engineering Software in 93464 Tiefenbach, Germany in compliance with § 38 ZPO. We are  entitled to bring action against customers before the court of law. The parties to this contract agree that this contract as well as all claims arising from or in connection with this contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

02/2012