End User License Agreement - EULA

 

Please read this EULA carefully. Please further make sure that you understand these terms, if and bevor you accept your terms.

Please note that AEK can only provide you with the Software described below if you as a consumer or entrepreneur (hereinafter referred to as "you" "you") agree to all the terms of this EULA.

By clicking on the button "I AGREE" or "YES", before starting the software process or by expressing your agreement by other means, you accept it. This EULA thereby becomes part of the contract concluded between yourself and AEK or between AEK and your business enterprise if you are an entrepreneur.

 

If you do not accept the following terms, please click "Cancel", "No" or "Close window".
 

CONTRACTUAL TERMS

This EULA applies to the granting of a license for Software and any related documentation by AEK to you. This EULA also applies to all Updates and Upgrades to the extent AEK provides Updates and/or Upgrades to you after installation of the Software.

 

1. Definitions

 

• Automatic renewal - means a function for renewing a license at the end of the license term without the need of any further notice.
• AEK - AEK Service - General technical services ,Online marketing, Mecklenburgerstr.22, 47829 Krefeld, Germany.
• Computer - means any device capable of processing data by means of a programmable calculation rule.
• Documentation - means written materials, in printed or electronic form, that describe the features of the Software and/or Updates and Upgrades and are intended to assist you in using the Software, Updates and/or Upgrades effectively. Such Documentation does not modify the terms of this EULA or its related terms and conditions.
• Fee - means the price or license fee for software from AEK .
• Customer - means a consumer and/or entrepreneur.
• License - means your right to use the Software under this EULA. The license specifies the type and scope of your right to use the software. For those software for which an update service is provided, the license also includes your right to receive regular updates/upgrades for the provided software during the license term.
• License Term - means the period for which the license for the Software is granted. The license period begins as soon as you obtain the software via download.
• Multiple Use - means the simultaneous storage and any other simultaneous use of the Software on more than one Computer and any use of such Database
• Software – bezeichnet die 3D-Datein die AEK  zur Verfügung stellt und für die AEK Ihnen eine Lizenz erteilt hat.
• Unternehmer – bezeichnet eine rechtsfähige natürliche Person, juristische Person oder Personengesellschaft, die bei der Bestellung oder dem Erhalt der Software von AEK in Ausübung ihrer gewerblichen oder selbständigen beruflichen oder sonstigen Tätigkeit außerhalb des persönlichen oder familiären Gebrauchs handelt.
• Updates und Upgrades – bezeichnet die Aktualisierung der Software. Die Klassifizierung der Aktualisierung als Update oder Upgrade liegt im alleinigen Ermessen von AEK.
• Update-Service – bezeichnet die laufende Aktualisierung der Datenbank durch Updates und/oder Upgrades und die Zurverfügungstellung dieser Updates und Upgrades an Sie durch AEK. Manche Datenbanken erfordern den Update-Service zur funktionalen Nutzung. AEK kann Leistungen im Rahmen seines Update-Services nach alleinigem Ermessen als Update oder Upgrade zur Verfügung stellen.
• Verbraucher – bezeichnet eine natürliche Person, der Datenbanken zur persönlichen Nutzung zur Verfügung gestellt wird.
• Vertriebspartner – bezeichnet einen Kunden, dem die Datenbank ausdrücklich zum Zweck des Weiterverkaufs zur Verfügung gestellt werden.

 

 

2. Eigentumsrechte

 

Die Datenbank ist durch internationale Urheberrechtsgesetze, -verträge und andere Gesetze geschützt. AEK besitzt und behält alle Rechte, das Eigentum und alle Ansprüche an der Software, einschließlich aller Urheberrechte, Patente, Betriebs- und Geschäftsgeheimnisse, Marken und sonstiger geistiger Eigentumsrechte. Diese EULA überträgt Ihnen kein Eigentum an der Software. Mit Ausnahme der in Paragraph 3  bezeichneten Rechte erwerben Sie keinerlei Rechte an der Software.

 

 

3. Licensing

 

• AEK hereby grants to You a non-exclusive, non-transferable license to use the Software subject to any limitations contained in this EULA.
• For software for which updates and upgrades are provided by AEK, your license includes the right to receive and use updates and upgrades during the license term. For software for which no updates or upgrades are available from AEK, you may only use the version of the software for which you have paid for the license term.
• German law applies to your license. If you are an entrepreneur, the exclusive place of jurisdiction shall be at the registered office of AEK. AEK reserves the right to sue the Customer at his place of business.

 

4. Terms of use

 

• This EULA does not restrict your rights under Sections 69c No.3, 69d (2) and (3) and 69e of the German Copyright Act (UrhG). The software may not be reproduced, redistributed or decompiled (i.e., reverse engineered into source code) except as expressly permitted by this EULA or by law. If you wish to reverse engineer, decompile or disassemble (hereinafter referred to as "decompilation") the computer program to achieve interoperability with other computer programs, to the extent permitted by law, you shall contact AEK prior to decompiling the computer program and request the provision of the information necessary to achieve such interoperability. If AEK provides such information regarding interoperability without culpable delay, you shall not be entitled to decompile the computer program.
• The use of software for which no special licenses for multiple use are available according to the respective product information is limited to one computer. For this purpose, you may use any available computer that meets the system requirements and for which the license was granted. If you change computers, the software must be removed from the computer on which it was previously installed before it is reinstalled on another computer. For software whose product information provides for special licenses for multiple use, multiple use is permitted only to the extent that you have purchased and received from AEK the appropriate type or number of licenses.
• You are not allowed, and you may not allow another person:
• Copy (except for backup purposes), sublicense, rent, loan or lease any part of the Software. If you want to use the software on another computer, you must delete the program from your current computer before installing it on the other computer;
• Modify the Software in whole or in part or create derivative works based in whole or in part on the Software.
  AEK does not assume any liability for manipulations of the software by the Customer on his own responsibility;
• Remove any owner markings, serial numbers, labels or copy protection features from the Software;
• to use the Software in areas of particular risk which require fault-free continuous operation of relevant systems and where failure of the Software may result in imminent danger to life, limb or health or in significant damage to property or the environment (high-risk activities and high-availability activities, in particular the operation of nuclear power plants, weapons systems, air navigation or air communication systems, life support systems or equipment, machine and production processes in the manufacture of pharmaceuticals and foodstuffs). AEK does not warrant or guarantee that the Software is suitable for use in areas of particular risk.
• AEK reserves all rights to prohibit or stop any unauthorized use of the Software by you, including but not limited to claims for injunctive relief and damages. Unauthorized use on your part may result in criminal prosecution under the relevant laws. The provisions of this clause 4.c) on copying and disclosure apply equally to any user manuals and other documentation relating to the software provided by AEK.

 

5. Your duties

 

The provision of a functioning hardware and software environment for the software is your sole responsibility. Furthermore, you are solely responsible for regular data backups of your EDP system.

 

6. Warranty and disclaimer of warranty

 

• Unless expressly agreed otherwise, the software provided by AEK shall correspond to the current state of the art. AEK does not warrant that the software under this contract is suitable for purposes beyond the performance of AEK's contractual obligations.
• You are advised that according to the current state of the art, despite the greatest conscientiousness and care, program errors cannot be excluded with 100% certainty, and that it is not possible to develop software that detects every existing virus or other malware.
• If You are an Entrepreneur and AEK has provided the Software to You against payment and for an unlimited period of time, defects in the Software shall be remedied by AEK as follows, provided that You have notified AEK of the respective defect in accordance with Section 377 of the German Commercial Code (HGB):
• Notified defects shall, at the option of AEK, be remedied by rectification of the defect ("rectification") or provision of defect-free software ("replacement"). The costs of such rectification of defects shall be borne by AEK.
• If the defects in the software cannot be remedied within a reasonable period of time, or if the repair and replacement delivery can be deemed to have failed for other reasons, you may, at your option, reduce the remuneration or - if the defects are not insignificant - withdraw from the contract.
• Claims for damages or claims for reimbursement of futile expenses to which you are entitled as a result of such defects are governed exclusively by paragraph 11.
• If AEK has made the software available to you against payment but for a limited period of time, defects in the software shall be remedied by AEK within a reasonable period after notification of the defect. The defect shall be remedied, at the option of AEK, by repair or replacement free of charge. Your right to a reduction of the remuneration for the period during which the defect exists shall remain unaffected. You shall only be entitled to an extraordinary termination of the contract due to non-granting of the contractual use if AEK has been given sufficient opportunity to remedy the defect and this has failed.
• The rectification or replacement delivery shall only be deemed to have failed if AEK has been given sufficient opportunity to carry out a rectification or replacement delivery without this achieving the desired result or if the rectification or replacement delivery has been unjustifiably refused by AEK. If the elimination of the defect by rectification or replacement delivery is associated with unjustifiable costs for AEK, AEK may refuse the elimination of the defect and refer you to your right to withdraw from the contract or to terminate the contract.
• In no event shall you be entitled to demand source code for the Software with respect to any defects.
• You shall notify AEK without undue delay if a third party asserts claims against you based on an infringement of intellectual property rights by the Software ("Legal Defect"). Insofar as information exists in this respect, whether in written documents, in correspondence or in any other form, you shall provide it to AEK without undue delay. In case of legal claims of third parties AEK shall indemnify you against the costs incurred by the assertion of such claims of third parties (including reasonable attorney's fees, limited - if applicable - to the fees under the German Attorney's Fees Act). Furthermore, AEK's liability for loss of profit as a result of such defects of title shall be limited to five times the remuneration, unless the defects were caused by intentional or grossly negligent conduct of AEK.
• If you are an entrepreneur and the software was provided for an indefinite period of time, your warranty claims due to defects of the software shall expire one year after the beginning of the statutory limitation period, except in case of intentional conduct of AEK. The statutory limitation period according to § 479 of the German Civil Code (BGB) shall remain unaffected.

 

7. LIMITATION OF LIABILITY

 

Regardless of the legal nature of the claim in question, the following provisions shall apply to your claims for damages and claims for reimbursement of futile expenses:

• AEK shall be liable for all damages incurred by you due to grossly negligent or intentional conduct of AEK or due to culpable injury to life, body or health, for which AEK has assumed a guarantee or for which AEK is liable under the Product Liability Act. In all other cases AEK's liability for damages shall be limited to the breach of essential contractual obligations. Essential obligations are only such obligations the fulfillment of which enables the proper execution of the contract and on the fulfillment of which you may rely. The liability of AEK for loss of data is limited to the typical expenses necessary for recovery, which are normal and usual if backup copies have been made. Reference is made to your obligation to regularly back up data in accordance with clause 5.
• In case of negligent breach of essential contractual obligations by AEK, the liability of AEK shall be limited to foreseeable damages typical for the contract.
• Any strict liability of AEK for defects existing at the time of conclusion of this EULA pursuant to § 536a para.1 BGB is hereby expressly excluded.
• The above limitations of liability shall also apply with respect to all representatives of AEK, in particular with respect to its managing directors, legal representatives, employees and other vicarious agents.

 

 

8. Privacy

 

By entering into this EULA, you agree to be bound by the Privacy Policy, as amended from time to time, as posted on
https://shop.cad-normteile.de/impressum/ einzusehen ist.

 

 

9. Miscellaneous

 

• This EULA sets forth all of your rights to use the Software and constitutes the entire agreement between the parties. This EULA overrides all other notices, representations, or advertising with respect to the Software subject to this Agreement.
• No waiver of any provision of this Agreement shall be deemed to have been made unless a written waiver signed by an authorized representative of AEK has been received.
• If individual provisions of this EULA are found to be invalid, the remaining provisions of this EULA shall remain in full force and effect. To the extent that any otherwise invalid provision can be construed to be effective, it shall be construed in such manner.
• All rights not expressly granted in this EULA are reserved by AEK.
• The descriptive headings in this EULA have been included for ease of reading and shall not limit or otherwise affect the interpretation of this EULA.
• Sie dürfen Ihre Rechte aus dieser EULA nicht ohne ausdrückliche schriftliche Genehmigung der AEK abtreten.

 

 

AEK Service, Allgemeine technische Dienstleistungen, Online Marketing, 47829 Krefeld, Deutschland