End User Licence Agreement for Gearfox
1. General remarks and scope
- 1.1 Gearfox (hereinafter referred to as the Software) is an innovative, web-based application developed by Graessner GmbH (hereinafter referred to Graessner) to calculate drive trains in automation engineering. The Software serves to check mechanical equipment from a drive engineering perspective by selecting available applications and to determine values that are required to choose gearboxes and motors. It should be noted that the calculation models and values provided were determined on a purely theoretical basis and may vary from results in practice. Consequently, using the Software shall in no way replace the need for a more detailed calculation by Graessner in individual cases.
- 1.2 The End User Licence Agreement as set forth herein shall apply to the use of the software Gearfox, the user documentation, other accompanying material and the tutorials.
- 1.3 The general terms and conditions of delivery of Graessner shall apply correspondingly unless otherwise stipulated in this End User Licence Agreement and so far as the general terms and conditions of delivery of Graessner do not contradict this End User Licence Agreement. The current version of said general terms and conditions of delivery shall be available to download on the website of Graessner www.graessner.at.
- 1.4 By registering on the website www.gearfox.com, the user of this Software confirms that they have read this End User Licence Agreement and the general terms and conditions of delivery of Graessner, and that they expressly agree to the content thereof.
2. Copyright / property rights
- All rights to the content available on the Internet site, in particular all text, images, photos, logos, trademarks, designs, etc., including the layout designs, software and content thereof, notably copyrights and other property rights, shall remain the sole property of Graessner unless otherwise stipulated in this End User Licence Agreement. This shall not apply software components (e.g. operating system components) of third parties that have been legally integrated by Graessner as part of the total package.
3. Rights of use
- 3.1 Following proper registration on Graessner’s website gearfox.com Graessner shall transfer to the user the non-exclusive, gratuitous right to use the Software on the basis of and within the scope of this End User Licence Agreement , and to perform independent calculations for the agreed duration of the contract. This concession of rights shall be irrespective of whether the user currently has and/or will have future business relationships with Graessner.
- 3.2 The templates, images, photographs and sketches contained in the Software, together with the calculation results, may only be used for the user’s own purposes within the scope of projects. Any transfer (including gratuitous) of templates, images, photographs, sketches and calculation results contained in the software, including in a revised form, design or formulation, to a third party shall not be permitted.
4. Guarantee / liability
- 4.1 The user shall make use of the Software on a voluntary basis. In view of the fact that Graessner provides the Software free of charge, there shall be no guarantee provided or liability assumed by Graessner for any material or legal defects arising out of or in connection with the Software. In particular, Graessner shall not guarantee or be liable to ensure that
- the Software is free from defects or has specific functions;
- the results of the calculation program are correct;
- the Software, including all its interfaces, satisfies the requirements of the user, works together with other programs selected by the user, these programs work without errors or interruption, or that all software errors can be resolved.
- 4.2 Graessner shall offer the user the possibility to save calculated results and calculations on Graessner’s server. Although the data stored here are backed up, Graessner shall not be liable for any losses of data stored.
5. Contract term
- 5.1 The contract shall begin when the user agrees to this End User Licence Agreement and properly registers on the website www.gearfox.com, and shall be concluded for an indefinite period of time.
- 5.2 Graessner shall be entitled to terminate the user agreement and the right of use at any time and without the need to provide a reason, as well as to block the access of the user to the Software without prior notification without the user being able to assert any claims against Graessner for any reason whatsoever.
- The user hereby agrees that their data (name of the user and of the company, e-mail address, telephone number) may be stored and used by Graessner for marketing purposes. The user is aware that their data can be viewed by all authorised individuals belonging to a group of people in the login area of the website www.gearfox.com. It shall not be permitted to pass on said data to third parties except where required thereto by law. The user shall be entitled to obtain information and to amend, delete or block said information in accordance with the data protection laws.
7. General remarks
- 7.1 Austrian law shall apply exclusively to the terms and conditions of use set forth herein, as well as to all associated legal relationships between Graessner and the user.
- 7.2 The competent court where Graessner is domiciled shall be the sole place of jurisdiction for any legal disputes arising out of or in connection with this End User Licence Agreement.
- 7.3 If one or more of the provisions of this contract should be invalid or unenforceable or be so deemed after the conclusion of this contract, this shall not affect the validity of the remaining contractual provisions. The invalid or unenforceable provision should be replaced by a valid and enforceable provision that comes as close as possible to the economic objective originally intended by the contracting parties. The aforementioned provisions shall also apply in the event that the contract turns out to be incomplete.
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