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1.    General provisions / scope of application

The following Terms of Use are applicable for the website with the URL www.allplan.com (in the following referred to as „Website“), which is offered by Allplan Deutschland GmbH (in the following referred to as „Allplan“ or „we“), Konrad-Zuse-Platz 1, 81 829 Munich.

2.    Copyright

The complete content (text, images, graphics, etc.) available under the URL www.allplan.com are subject to copyright and other intellectual / industrial property laws. The content shall not be used and / or exploited for private and / or business purposes. Hereof excluded are those software versions which are provided on the website for download.

3.    Software Download

3.1 Before downloading the software the user is requested to give true, current and complete information about him-/herself according to the request template. Furthermore the user shall update these data regularly to keep it true, correct, current and complete.

3.2 If you request a software trial version via mail or via data transmission, your data will be processed electronically within the Allplan Deutschland GmbH and its affiliated companies for executing your request and will be forwarded to authorized dealers and / or sales representatives. The information you give to Allplan will be used to fulfill the services requested by you via the website. You will receive e-mails which are necessary to conclude the software download and to make use of the technical support if so. We invite you to attend one of our free webinars to facilitate your start using our Software.

3.3 If you agreed to receive our Newsletter, you will receive current information about our products. This option, however, may be canceled at any time.
Your data will be used for marketing and market research purposes and it will help us to adjust our website on your interests. You may cancel the use of your data at any time with future effect. You will be able to cancel the newsletter-sending via the “log-out link” at any time with future effect. This link will be embedded in every newsletter-email you receive.

3.4 You accept the copyrightability and the user manual of the software by downloading the
software trial version. Furthermore you accept the software as a business secret of Allplan.

3.5 You will be granted a non-exclusive, non-transferable and temporally restricted licence to use the software by downloading the software trial version (single user licence). By downloading the trial version you do not acquire the ownership of the software; the ownership and copyright of the software remains exclusively with Allplan.

3.6 Hereby you are not entitled to use or exploit the software and / or the user manual or to release it to third parties for profit-making purposes. You are obligated not to use the downloaded software for illegal purposes; in particular you have to observe the ownership and copyright. The use of brands, logos, trademarks and the like is not allowed without the prior consent of the rightsholder.

3.7 Every illegal use of the trial version of the software may lead to civil or criminal law proceedings through the respective rightsholder.

3.8 You are obligated to indemnify Allplan from any damages arising out of the breach of before mentioned duties or arising out of the infringement of own or third party rights; including consequential and economic losses. You shall indemnify Allplan from any claims of third parties arising out of such infringements.

3.9 The software and the user manual will be delivered in object code via machine readable data files or via data link. We are not obligated to deliver you the source code.

3.10 Back translation of the delivered software codes into other code forms (decompilation) as well as other kinds of redevelopment of the different production stages of the software (reverse-engineering) is prohibited.

3.11 Allplan is not obliged to offer free software trial versions; therefore we retain the right to alter the offer or to cease the free download without substitution.

4.    Exclusion of guarantee / liability

4.1 Allplan assumes no guarantee and / or liability for the functional efficiency of the software trial version offered for download on the website.
4.2 Allplan assumes no guarantee that the provided software is suitable for the respective intended designated use. The responsibility for using the provided trial version and information lies exclusively with you.
4.3 Furthermore Allplan assumes no guarantee that the download of software trial versions is continually available and assumes no liability in case of server breakdowns or similar incidents which restrict the availability of the website completely or partially as well as temporarily or entirely.

5.    Disclaimer:

5.1 The Allplan Deutschland GmbH provides direct or indirect references (links) to external internet pages on its website. By following these links you leave the website of Allplan Deutschland GmbH.
5.2 The Allplan Deutschland GmbH has no influence on the design and content of external websites and assumes no liability for external content even if a link to this site has been set on the website by Allplan.

6.    brand name

Any kind of use or exploitation of Allplan brands or logos which are shown on the website is prohibited without the prior written consent of the rightsholder.

7.    Miscellaneous / Severabiltiy Clause

7.1 The above terms and conditions exhaustively govern the use of the website. No collateral agreements on the use have been made and, furthermore, require the written form.
7.2 The law of the Federal Republic of Germany applies. The place of performance is the domicile of the provider; the statutory place of jurisdiction applies.
7.3 If any provision of these terms and conditions of use is or becomes entirely or partially ineffective, this will not affect the rest of the provisions. The ineffective provision will be deemed replaced with an effective provision that comes closest to the purpose of the ineffective provision in economic terms. This also applies to any gaps identified in these terms and conditions of use.

8.    Please address any notifications to the provider to:

Allplan - International Sales
Konrad-Zuse-Platz 1
81829 München
Tel: +49 89 92793-1336
Fax: +49 89 92793-5114
www.allplan.com
info@allplan.com

(Stand: Juli 2011)