CENTRUM PÆLE END USER LICENSE AGREEMENT FOR CALCULATION AND DRAWING SOFTWARE
IMPORTANT-READ CAREFULLY: This End User License Agreement (the "Agreement") for use of the calculation and drawing programme and any information on centrumpileselect.com (collectively the "Software") constitutes a valid and binding agreement between you (being either an individual or an entity) and Centrum Pæle A/S, company registration number (CVR) 27242561, Grønlandsvej 96, 7100 Vejle, Denmark ("Centrum Pæle"). The Software includes any documentation and any updates and upgrades that Centrum Pæle may make available to you during the term of this Agreement. You must accept this Agreement in order to use the Software in accordance with the terms set forth herein.
BY ACCESSING AND/OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1.
LICENSE GRANT AND PROPRIETARY RIGHTS
1.1
The Software may only be used as it is made available by Centrum Pæle on the web. Subject to the terms of this Agreement, Centrum Pæle hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable right to use the Software as it is made available on the web only. The Software may not be downloaded, nor used through other systems, portals etc. Moreover, you may not use any automatic device, program, algorithm, or methodology, or any similar manual process, to access or acquire data from the Software.
1.2
You hereby assign to Centrum Pæle free of charge all rights and interests in any feedback or other information you provide to Centrum Pæle in relation to the Software.
2.
DISCLAIMER AND LIMITATION OF LIABILITY
2.1
Any use of information in the Software is on your own responsibility and risk. The Software (including the entire website, the drawing generator, and the calculation programme) are updated from time to time, however, Centrum Pæle does not guarantee that data and information are up to date or correct.
2.2
The Software is provided “as is”, and Centrum Pæle, and associated companies, disclaim all warranties and conditions regarding the Software either expressed or implied, including without limitation warranties and conditions of title and non-infringement of the rights of third parties and implied warranties or conditions of merchantability and fitness for a particular purpose. Centrum Pæle does not warrant that the Software will always be accessible, uninterrupted, timely, secure, accurate, complete or error-free, nor does Centrum Pæle warrant any connection to or transmission from the internet or other types of communication.
2.3
Centrum Pæle disclaims liability for any direct or indirect loss or damages, including without limitation loss or corruption of data, damages to hardware and connected equipment, lost profits, lost savings or any other incidental, special, punitive, exemplary, consequential or other financial losses or damages, even if Centrum Pæle was informed of their possibility. Data entered into the Software will not be saved for your later access or use after finalisation of the calculation or drawing generation.
2.4
Static calculations provided using the Software serves as an aid to customers and other users in the selection of a pile element. You accept and agree that Centrum Pæle, and associated companies, cannot be held liable in any way for errors, irrelevant or misleading results, inaccuracies or for any consequences of your use of the results of the calculations made by the Software no matter whether they are correct or not.
2.5
The indications given of the lifetime and other properties cannot be interpreted as an undertaking or guarantee provided by Centrum Pæle or associated companies. Such information is provided only as a mean for choosing products in relation to the expected working life.
2.6
There is no automatic correlation between individual parts of the Software; the drawing program Centrum Drawings and the calculation program Centrum Pile Calculator. Drawings and calculations must therefore be configured separately. Centrum Pæle A/S assumes no responsibility for whether the configuration and/or drawing meets project and/or standard-specific requirements.
3.1
When using the Software, certain technical information may temporarily be recorded for technical or security purposes. Any data entered into the Software will not be stored or processed by Centrum Pæle after finalisation of the calculation and report generation.
3.2
The website centrumpileselect.com may use cookies. A cookie is a tiny data file that is saved on your computer in order to keep track of what happens during your visit, as well as to be able to recognise the computer. A cookie is not a programme and cannot contain viruses. The purpose of a cookie is to generate anonymous statistics, and the information cannot be traced back to you.
3.3
The use of cookies is necessary for the website to function properly. The number of visitors, users' navigation patterns on the site, and the way in which they access the site is tracked.
3.4
When using the Software to generate a drawing, the user is required to provide an email address in order to receive a generated drawing. The information provided by the user is automatically deleted after returning the drawing to the user.
4.
COMPLIANCE WITH LOCAL LAW
4.1
You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software or any hardware or equipment connected to or controlled by the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable. if the laws applicable to your use of the Software would prohibit the enforceability of this Agreement, or impose any additional burdens on Centrum Pæle, or confer any rights to you that are materially different from this Agreement, then you are not authorized to use the Software.
5.1
This Agreement shall be governed by and construed in accordance with Danish law. Any and all disputes arising between the parties shall be settled by the ordinary Danish courts with the Court of Aarhus, Denmark as the court of first instance.
