End User License Agreement for PROFIS Engineering Suite – Standard Version
END USER LICENSE AGREEMENT FOR PROFIS ENGINEERING
SUITE – STANDARD VERSION
End-User License Agreement
("Agreement")
Last updated: February 15, 2023
Please read this End-User
License Agreement carefully before clicking the "I Agree" button,
downloading or using PROFIS Engineering Suite - Standard .
Interpretation and Definitions
Interpretation
The words of which the initial
letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
Definitions
For the purposes of this
End-User License Agreement:
- Agreement means
this End-User License Agreement that forms the entire agreement between
You and the Company, defined below, regarding the use of the Application.
- Application means
the software program provided by the Company downloaded by You to a
Device, the software named PROFIS Engineering Suite – Standard (Free
version)
- Company (referred to as either
"the Company", "We", "Us" or "Our"
in this Agreement) refers to Construction Support LTD, Enterprise Road,
Industrial Area, Nairobi, Kenya.
- Content refers to content such as specifications,
designs, text, images, or other information that can be posted, uploaded,
linked to or otherwise made available by You, regardless of the form of
that content.
- Country refers to: Kenya
- Device means any device that can
access the Application such as a computer, a cellphone or a digital
tablet.
- Third-Party Services means
any services or content (including data, information, applications and
other products services) provided by a third-party that may be displayed,
included or made available by the Application.
- You means the individual
accessing or using the Application or the company, or other legal entity
on behalf of which such individual is accessing or using the Application,
as applicable.
Acknowledgment
By clicking the "I
Agree" button, downloading or using the Application, You are agreeing to
be bound by the terms and conditions of this Agreement. If You do not agree to
the terms of this Agreement, do not click on the "I Agree" button, do
not download or do not use the Application.
This Agreement is a legal
document between You and the Company and it governs your use of the Application
made available to You by the Company.
The Application is licensed,
not sold, to You by the Company for use strictly in accordance with the terms
of this Agreement.
License
Scope of License
The Company grants You a
revocable, non-exclusive, non-transferable, limited license to download,
install and use the Application strictly in accordance with the terms of this
Agreement.
Third-Party Services
The Application may display,
include or make available third-party content (including data, information,
applications and other products services) or provide links to third-party
websites or services.
You acknowledge and agree that
the Company shall not be responsible for any Third-party Services, including
their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof. The Company does not
assume and shall not have any liability or responsibility to You or any other
person or entity for any Third-party Services.
You must comply with applicable
Third parties' Terms of agreement when using the Application. Third-party
Services and links thereto are provided solely as a convenience to You and You
access and use them entirely at your own risk and subject to such third
parties' Terms and conditions.
Term and Termination
This Agreement shall remain in
effect until terminated by You or the Company. The Company may, in its sole
discretion, at any time and for any or no reason, suspend or terminate this
Agreement with or without prior notice.
This Agreement will terminate
immediately, without prior notice from the Company, in the event that you fail
to comply with any provision of this Agreement. You may also terminate this
Agreement by deleting the Application and all copies thereof from your Device
or from your computer.
Upon termination of this
Agreement, You shall cease all use of the Application and delete all copies of
the Application from your Device.
Termination of this Agreement
will not limit any of the Company's rights or remedies at law or in equity in
case of breach by You (during the term of this Agreement) of any of your
obligations under the present Agreement.
Indemnification
You agree to indemnify and hold
the Company and its parents, subsidiaries, affiliates, officers, employees,
agents, partners and licensors (if any) harmless from any claim or demand,
including reasonable attorneys' fees, due to or arising out of your: (a) use of
the Application; (b) violation of this Agreement or any law or regulation; or
(c) violation of any right of a third party.
No Warranties
The Application is provided to
You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its affiliates
and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise,
with respect to the Application, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Application will meet your requirements, achieve any intended results,
be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without limiting the foregoing,
neither the Company nor any of the company's provider makes any representation
or warranty of any kind, express or implied: (i) as to the operation or
availability of the Application, or the information, content, and materials or
products included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application; or (iv) that the
Application, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions do not allow
the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and
limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law. To the extent any warranty exists under law
that cannot be disclaimed, the Company shall be solely responsible for such
warranty.
Limitation of Liability
Notwithstanding any damages
that You might incur, the entire liability of the Company and any of its
suppliers under any provision of this Agreement and your exclusive remedy for
all of the foregoing shall be limited to the amount actually paid by You for
the Application or through the Application or if You haven't purchased anything
through the Application.
To the maximum extent permitted
by applicable law, in no event shall the Company or its suppliers be liable for
any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability to use
the Application, third-party software and/or third-party hardware used with the
Application, or otherwise in connection with any provision of this Agreement),
even if the Company or any supplier has been advised of the possibility of such
damages and even if the remedy fails of its essential purpose.
Severability and Waiver
Severability
If any provision of this
Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will
continue in full force and effect.
Waiver
Except as provided herein, the
failure to exercise a right or to require performance of an obligation under
this Agreement shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver of a
breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any
warranties concerning the Application.
Kenya Legal Compliance
You represent and warrant that
(i) You are not located in a country that is subject to the Kenyan government
embargo, or that has been designated by the Kenyan government as a
"terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right,
at its sole discretion, to modify or replace this Agreement at any time. If a
revision is material we will provide at least 30 days' notice prior to any new
terms taking effect. What constitutes a material change will be determined at
the sole discretion of the Company.
By continuing to access or use
the Application after any revisions become effective, You agree to be bound by
the revised terms. If You do not agree to the new terms, You are no longer
authorized to use the Application.
Governing Law
The laws of the Country,
excluding its conflicts of law rules, shall govern this Agreement and your use
of the Application. Your use of the Application may also be subject to other
local, state, national, or international laws.
Proprietary Rights.
Hilti Corporation. Hilti
Corporation, Feldkircherstrasse 100, FL-9494 Liechtenstein (“Hilti
Corporation”) exclusively and unrestrictedly retains ownership, reserves all
Intellectual Property Rights in the Services, where Intellectual Property
Rights means any common law, statutory and other industrial property rights and
intellectual property rights, including copyrights, trademarks, trade secrets,
patents and other proprietary rights issued, honored or enforceable under any
applicable laws anywhere in the world, and all moral rights related thereto
("Intellectual Property Rights"). Services Provider is entitled by
Hilti Corporation to grant to Customer rights to use the Services according to
the terms and conditions of their Agreements.
Entire Agreement
The Agreement constitutes the
entire agreement between You and the Company regarding your use of the
Application and supersedes all prior and contemporaneous written or oral
agreements between You and the Company.
You may be subject to additional
terms and conditions that apply when You use or purchase other Company's
services, which the Company will provide to You at the time of such use or
purchase.
Contact Us
If you have any questions about
this Agreement, You can contact Us:
- By phone number:
+254-206-552-022
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