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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