The following terms and conditions are legally binding, as far as no other written agreements exist, and are recognized by the licensee when an order is made. Differing terms and conditions of the licensee are generally not recognized. The terms and conditions of Dlubal Software GmbH also apply to follow-up transactions without further notice. Any subsidiary agreements, modifications, and amendments to the contract are only valid if they are confirmed in writing by Dlubal Software GmbH.
Our offers are subject to confirmation as long as a binding period is not mentioned. Orders must be made in writing. The delivery of software, including the documentation and copy protection, if not possible by electronic means, shall be FCA Tiefenbach, Germany (INCOTERMS 2010), and, unless otherwise requested, carries the conditions under reservation of use. Invoicing is done 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 Software GmbH allows the licensee a simple, non-transferable right to use the acquired software. This only applies to their own use for an indefinite period of time. In the case of network licenses, this right of use depends on a specific location. Transferring the programs or any part thereof to a third party is not allowed. The transfer of a license, for example, by reselling, requires the prior written notification and approval of Dlubal Software GmbH. In all cases, the software and copy protection remains the property of Dlubal Software GmbH.
All stated fees and prices are quoted, unless otherwise mentioned, exclusive of shipping costs, export costs, if necessary (for example, customs duties), and the applicable, relevant VAT. For delivery to Member States of the European Union, customers must provide a valid VAT Identification Number. The publication of a new price list in the webshop invalidates all earlier price offerings.
Until full payment of all claims of Dlubal Software GmbH against the licensee, resulting from the license acquisition, Dlubal Software GmbH grants the licensee the right to use the purchased software with reservations.
The software products as well as all online services of Dlubal Software GmbH are tools used to perform structural analysis and design. The correctness of calculations is the responsibility of the user. Programs, online services and user manuals of Dlubal Software GmbH are created to the best of the company's knowledge, and thoroughly checked before the release. The warranty against proven, serious program errors is twelve months since the acquisition of the license. Proven and sufficiently documented program errors will be eliminated immediately within this period. The licensee will immediately receive a corresponding correction of their 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. There is no entitlement to an update or upgrade due to a program error. Program functions desired by the licensee, but not included in the program, are not program errors. Further warranties beyond the statutory provisions are excluded.
Claim for damages against Dlubal Software GmbH and their employees are excluded, especially for any indirect and consequential loss, with the exception of proven gross negligence or deliberate malice.
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 if 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 (for example, customs duties), and the applicable relevant VAT.
Program purchases from Dlubal Software GmbH include technical support for current software versions when submitted by chat on the website or email (see Support). The scope and type of support can be extended by concluding a service contract (see Service Contracts). The hotline provides the support in case of any question directly related to the functionality of the Dlubal Software programs. There is no entitlement to further assistance with regard to operating systems, hardware configuration, third-party software, or the implementation, processing, and solution of structural and dynamic issues.
The licensee acquires the right to hotline support by phone only by concluding the corresponding service contract. Permission for advertising use (for example, in brochures, mailings, homepage, and so on, or in demonstrations and presentations) of images (screenshots) of structures that were sent to Dlubal Software GmbH as part of the support activity for the customer is permitted, unless otherwise agreed in writing between Dlubal Software GmbH and the customer concerned. Furthermore, the notes and explanations to the service contracts listed separately shall apply.
The consent to the provision of current information, regardless of the form, shall be deemed as given, unless contradicted in writing. If a single term or several terms of the General Terms and Conditions are ineffective in their entirety or partial form, or if a loophole is found in the terms, the validity of the other terms shall not be affected. Entirely or partially ineffective terms or loopholes will be replaced by an appropriate and effective provision that, as far as legally possible, fulfills or will fulfill legal and commercial purposes.
By accepting these general terms and conditions, I confirm that I have read the Privacy Privacy.
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.