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General Terms and Conditions of Business
Why Dlubal Software?
- More than 25,000 users in 71 countries
- One software package for all application areas
- Short learning time and intuitive handling
- Service provided by experienced engineers
- Excellent price/performance ratio
- Flexible modular concept, extensible according to your needs
- Scalable license system with single and network licenses
- Proven software used in many well-known projects
Development, testing, sale, and support of the structural engineering software for design and FEM analysis by Dlubal Software is certified for the management system according to DIN EN ISO 9001:2008.
The following 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 Software GmbH and its customers (hereinafter called "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 Software GmbH.
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 copy protection, if not possible by electronic means, 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 e‑mail in the form of PDF files. The invoice is payable within 14 days without deductions or discounts.
Dlubal Software GmbH 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. In case of network licenses the right to use is location-bound. 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 Software GmbH. In all cases, software and copy protection remain the property of Dlubal Software GmbH.
Fees and Prices
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.
Reservation of Use
Until full payment of all bills outstanding from the licensee, Dlubal Software GmbH grants the licensee the right to use the purchased software with reservations.
Software products of Dlubal Software GmbH 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 Software GmbH 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 Software GmbH 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 Software GmbH. The right to receive an update or upgrade due to a program mistake does not exist. Further warranties exceeding the statutory rules are excluded.
Claim for Damages
Claim for damages against Dlubal Software GmbH and their employees are barred for any indirect and consequential loss, with the exception of proven gross negligence or deliberate malice.
Loss or Destruction of Copy Protection
The loss or destruction of the copy protection (softlock or hardlock) will result in the licensee's obligation to purchase additional license(s) for all licensed programs included in the original copy protection at current prices. Only when the damaged hardlock or part thereof is returned to Dlubal Software GmbH, a replacement hardlock 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 Software GmbH include technical support for current software versions when submitted by fax or e‑mail (see Support). The scope and type of support can be extended with the purchase of a service contract (see Service Contract). The hotline allows the support of all questions that directly relate to the functions of the programs from Dlubal Software GmbH. 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 Software GmbH 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, fulfills or will fulfill legal and commercial 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 Software GmbH with its office 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.
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