General Terms and Conditions
These general terms and conditions (“ GTC”) shall apply to the use of downloadable products and the websites of the Roffler Ingenieure GmbH (“ Roffler”) and to the services listed below (“services”). By downloading, installing and/or using the products, website or services of Roffler, you (“party”) accept the present GTC and terms of use. The party shall read the GTC, print them and save a copy thereof in its documentation. The GTC regulate all business relationships between the party and Roffler, as long as no other written agreement substitutes or specifies them. The GTC may be used alone or in combination with other agreements, such as software license agreements etc.
Planning work (plan creating, modifying, adjusting etc.) as well as contractual work services of Roffler are not included in these GTC.
The following dispositions are mandatory, unless agreed otherwise, and are accepted by the party. Other conditions of Licensee are generally ineffective. The terms and conditions of Roffler apply also to follow-up business without further notification. Collateral agreements, amendments and additions to this conditions are only valid if confirmed in writing by Roffler, which does not exclude supplementary agreements such as software license agreements etc.
1. Object of performance
Software of Roffler
1.1 The software offered by Roffler serves primarily the realisation of calculations, dimensioning, plans and/or part of plans etc., as well as the dimensioning of possible products created on this basis. Some software of Roffler works with Microsoft Excel or other data processing programs. The compatibility of these programs can be checked on the website [https://balustat.eu/language/en/overview/].
1.2 The acquisition of a licence for using the software and services of Roffler is fee-based. The charges for licenses are listed on the website [https://balustat.eu/language/en/overview/].
1.3 Software and services of Roffler are used to create models and calculations, with which professionals in the field of engineering, metal construction etc. can create other products or can order the creation of such products. Accordingly, the software and other products are dedicated to professionals with the corresponding expertise. The use of the products by people who do not possess this kind of expertise and professional training has to be omitted.
Services and upgrades
1.4 Additional services to the software of Roffler are (where present) listed on the website [https://balustat.eu/language/en/overview/].
1.5 Upgrades for software and services of Roffler are (where present) listed on the website [https://balustat.eu/language/en/overview/]. The software and services of Roffler are not automatically updated.
1.6 Upgrades for software and services of Roffler are fee-based. The charges for upgrades are listed on the website [https://balustat.eu/language/en/overview/]. An upgrade can only be started manually and after the payment of the license fee.
Support services of Roffler
1.7 Es besteht kein eigenständiger Supportdienst für die Softwares von Roffler oder weitere Dienste, die auf der Webseite [https://balustat.eu/?page_id=10&lang=de] angeboten werden.
1.8 Nevertheless, Roffler endeavores to offer his clients a flawless customer service and support. In case of compatibility problems, error notifications or help concerning the use of the software, websites or services according to the website [https://balustat.eu/language/en/overview/], Roffler can be contacted at the following address. All inquiries will be answered as soon as possible. Roffler does not guarantee that an answer will follow within a specific period of time.
ROFFLER INGENIEURE GMBH
Karlihofstrasse 12
CH – 7208 Malans
Tel. +41 81 322 34 44
E-Mail: rosoft@roing.ch
1.9 Support services of Roffler, if any, are offered for free.
Websites of Roffler
1.10 The contents of websites of Roffler serve only information purposes. Roffler creates the websites and the information within with due care. Nevertheless, Roffler does not guarantee and is not responsible for the accuracy, quality or up-to-dateness of the information contained in the websites. This does not represent any kind of recommendation or professional services of Roffler for the party. Accordingly, the information is not suitable and / or intended for substituting a professional consultancy or services to the party in the field of engineering or to serve as such.
1.11 Roffler is only liable for information on the websites referring to license fees and payment terms.
2. Payment conditions
2.2 License fees: The use of the software, upgrades and services of Roffler is only possible after paying the one-time license fees. The prices do not contain taxes (e.g. VAT). Any taxes will be added to the price, and will be calculated on basis of the party’s residence at the time of acquiring the license, unless otherwise stated. The license fee has to be paid at once. The payment has to be made within thirty (30) days from downloading, installing of the software/upgrades or from invoicing by Roffler, whereby the first of these actions will start the 30-days-deadline.
2.3 Invoicing: The party will become an invoice dispatched electronically for the payment of the license fees for a software, upgrade or service. In case of acquisition of a license for several software, upgrades or services of Roffler, the party has to update any information, including the invoice address information.
2.4 Order confirmation: By stipulating an agreement with Roffler for software, upgrades etc., the party confirms that he is authorised to stipulate the license agreement, which is subject to charges, and that all payment information given from the party is true and correct.
2.5 Default of payment: Should the payment not be made within the payment delay, the party is no longer authorised to use the software, upgrade or services in any way. The license fee is still due from the party. The party is in default on payment according to n. 2.2 of the GTC without any reminder. By default of payment, the party has to refund all costs arising for Roffler from paying any taxes, including lawyers fees or any other legal costs, in so far as permitted by and in accordance with the applicable law.
3. Data protection
3.1 By acquiring the software, Roffler collects data with the aim to be effective and control the payment of the license fee by the party. The party has to provide directly the necessary data, e.g. if it claims an activation code or if it turns to Roffler for support.
3.2 Should there be a connection of the device with the internet by using the software or services of Roffler, certain software features or services may create a connection with computer systems of Roffler or of service providers, in order to send or receive data. The party is not always specifically notified of this connection. The party accepts by using these features, that this information will be sent and received by Roffler and service provider by using these features. If it is possible to deactivate these features, the party may not use these features.
3.3 By using these features, the party accepts that Roffler uses the collected data in order to update or correct the software, as well as improving his products and services in any way. Under certain circumstances Roffler may pass these data to others. For example, error notification are sent to hardware and software suppliers, so that with this information they can improve the use of their products with products of Roffler.
3.4 Contact information of the party, in particular his address information at the time of acquiring the license of software or services of Roffler will not be passed on to third parties for any reason. Exception is made for orders of authorities to disclose data, for example with a decision or court order, the necessity of disclosure of contact information concerning a legal dispute in order to avoid court proceedings, and data disclosure related to court proceedings or other proceedings having a connection with Roffler.
4. Intellectual Property in particular
4.1. Roffler owns the exclusive rights of use to software, upgrades, services etc. offered on the website [https://balustat.eu/language/en/overview/]. Roffler may grant a license to the software. Being the owner of all rights of use to the software, in particular concerning copyright, patent and trademark rights and other rights to the software, Roffler reserves all rights which are not explicitly mentioned in this contract (for example rights concerning intellectual property legislation). The contracting party shall not remove signs concerning copyrights and trademark rights made by Roffler, whether or not these are on the package or in the software, in upgrades or in services.
4.2 By acquiring the license, the party receives the right to use the correspondent software, upgrade or services. The party does not receive any other rights.
4.3 Any liability of Roffler concerning the violation of intellectual property rights of third parties caused by the use of software of Roffler by the party or third parties as well as by the products created with the software shall be excluded. Other provisions in license agreements shall apply.
5. Guarantee
5.1 Roffler creates the software, upgrades and services as well as the information included therein with the utmost care. Nevertheless, Roffler does not warrant and guarantee for the up-to-date status, accuracy or quality of the software and in particular Roffler does not warrant and guarantee for the accuracy, quality or compliance with the law of the products created with the software and services of Roffler. Information provided by the software and services and the products created hereby (plans, cutting templates, dimensioning etc.) is only for information purposes. These do not represent any recommendations, professional plans or other products of Roffler for the contracting party. Therefore, the software is not suitable or intended for giving or replacing a professional consultancy or services in the field of engineering, metal construction etc. The software of Roffler aims at professionals in the field of engineering, metal construction etc. which possess the know-how required to check the software and the products created with it for errors and to create possible other products in compliance with the law.
6. Exclusion of liability
6.1 If this is permitted by mandatory applicable law, any liability of Roffler and his employees is excluded for any liability claims, costs, direct and indirect losses, claims, expenses and damages of any kind, regardless of their contractual or extra-contractual legal foundation. Roffler is only liable for damages caused intentionally or by gross negligence, occurred to the contracting party resulting from the actions of Roffler. Any kind of liability of Roffler referring to compensation of indirect damages or consequential damages as well as lost profits, loss of earnings, unrealized savings etc. – irrespective of their legal grounds – is hereby explicitly excluded.
6.2 Damages claims of the contracting party are restricted per case of damage to the insurance sum of the liability insurance of Roffler or, should the sum be lower, to the effective damage.
6.3 Roffler excludes any kind of liability concerning direct or indirect references (hyperlinks) which are outside Roffler’s area of responsibility. The contracting party declares explicitly that external websites are visited trough hyperlinks at its own risk.
6.4 The contracting party must release Roffler from any kind of liability related to claims for damages of third parties to Roffler, caused by the contracting party handling in a gross negligent or intentional way. The release includes all costs of Roffler related to lawyers, court proceedings etc.
7. Duration and termination of the contract
7.1 The GTC are concluded for an undetermined period of time. The GTC can be terminated with the termination of the corresponding license agreement. If the correspondent license agreement does not provide any particular provision for termination and notice, the following provisions may apply.
- 2 The contract may be terminated by the party in writing at any time with effect to the end of a calendar month. Ordinary termination by Roffler is excluded.
- 3 The party and Roffler may terminate this contract at any time and without notice for good cause. In particular, good cause is any fundamental breach of contract perpetrated by the other side, if this breach is not remedied within ten calendar days from a written warning. A fundamental breach of contract is given for example by not paying the license fee or by using the software, upgrades, services etc. in violation of the contract.
- 4 With termination of the contract, any use right of the contracting party to the software, upgrades or services is terminated. The contracting party shall return the software, the upgrades and the services as well as every copy thereof immediately and unsolicited to Roffler and / or cancel them from the mass storage. The reclaim of paid fees of Licensee is not allowed in case of termination of the contract for any matter. Statutory legal provisions which stipulate the contrary shall apply.
8. Final provisions
8.1. Roffler may amend the GTC anytime without indicating reasons. The amendments of the terms of use are notified to the contracting party at least seven days before their entry into force. By continuing the use of the products, software, website or services of Roffler after the entry into force of the new GTC, the contracting party explicitly agrees with the new GTC.
8.2. If a provision of this contract is entirely or partially ineffective due to its inconsistency with mandatory law or for any other reason, this shall not affect the validity of the remainder of this contract. The invalid provision shall be replaced with a different wording, which shall implement the initial aim as near as possible in compliance with the law. This shall also apply if the contract contains gaps.
8.3. By using the products, software, website or services of Roffler, the contracting party explicitly agrees that Swiss material Law with exclusion of International Private Law and of the United Nations Convention on Contracts for the International Sale of Goods of 11 april 1980 (CISG) shall apply to all legal disputes arising from the use of products, website or services.
8.4 The exclusive legal venue for all disputes concerning the conclusion, validity, existence and effects of the GTC, or arising from the use of products, website or services of Roffler is the seat of Roffler.
