Terms of Use

1. General

a. RIB SOFTWARE AG maintains this Internet site (the "Site") for general informational and communication purposes. Your access to and use of this Site is subject to these Terms of Use (the "Terms"), as well as any modifications issued by RIB SOFTWARE AG to these Terms and all applicable laws and regulations. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND YOU AGREE TO THESE TERMS. If you do not want to be bound by these Terms, please do not use this Site.

b. Among other things, this Site provides general information concerning various RIB SOFTWARE AG products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided therein.

2. Changes in Terms; Termination

a. RIB SOFTWARE AG has the right at any time and without prior notice to revise these Terms or to impose new terms with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting the revised or additional Terms on the Site. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.

b. RIB SOFTWARE AG shall also have the right to terminate this Site or any products or services offered through the Site or any individual's right to access or use any portion of or product or service offered through the Site at any time and without prior notice.

3. Site Content

The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. RIB SOFTWARE AG may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on RIB SOFTWARE AG in any way, except to the extent they are specifically indicated to be so.

4. Linked Third Party Sites

Links to other Internet sites are provided for your convenience only, and you access them at your own risk. Links to other sites operated by third parties, including members of RIB Software AG's authorized dealer network or RIB Software AG's corporate partners, do not constitute sponsorship, endorsement, warranty, or approval by RIB SOFTWARE AG of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by RIB SOFTWARE AG, and RIB SOFTWARE AG is not responsible for the availability, content, policies, or practices of linked sites. RIB SOFTWARE AG will delete from this Site any link to a third party site upon receipt of a request from the owner of the third party site.

5. DISCLAIMER OF WARRANTY

RIB SOFTWARE AG makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. RIB SOFTWARE AG also does not warrant or represent that your access to or use of this or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any liked site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

6. LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES WILL RIB SOFTWARE AG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF RIB SOFTWARE AG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIB SOFTWARE AG shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

7. Trademarks and Copyrights.

a. All rights are reserved. Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by RIB SOFTWARE AG or by third parties that have licensed their use to RIB SOFTWARE AG. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by RIB SOFTWARE AG, is strictly prohibited.

b. This Site and its contents are copyrighted by RIB SOFTWARE AG under international conventions.

c. This Website is intended only for your personal use or use within your organization. You have permission to download and temporarily store one or more of this Site for viewing on a personal computer. Apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of all or parts this Site is prohibited without the prior written consent of RIB SOFTWARE AG.

8. Submissions.

Other than your e-mail address, personally identifiable information, or customer information, which is subject to the Privacy Statement set forth in Section 10 herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by RIB SOFTWARE AG, members of its authorized dealer network, its corporate partners, or their affiliates or related entities for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RIB SOFTWARE AG, members of its authorized dealer network, its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services, using information contained in such communication.

9. Indemnification

You agree to defend, indemnify, and hold harmless RIB SOFTWARE AG, members of its authorized dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

10. Privacy Statement

a. RIB SOFTWARE AG respects the privacy of personally identifiable information about visitors to this Site. RIB SOFTWARE AG Systems will not sell, rent, or disclose e-mail addresses, personally identifiable information, or customer information to unaffiliated third parties, except in accordance with these Terms. Information provided is only used by RIB Software AG, RIB Software AG affiliates, and RIB Software AG's authorized dealer network, except where you expressly consent to expanded usage and except for disclosure to third parties, who monitor the Site and to parties who assist or cooperate in preparing company mailings. RIB SOFTWARE AG will not use personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins and will not authorize others to do so. RIB SOFTWARE AG reserves the right to discontinue any such newsletters or mailings at any time.

b. Where you register with us and provide information about yourself, we will use your information to contact you and provide you with the information that you have requested from us. We may also use your information to keep you informed about events, publications, and services provided by us that may be of interest to you.

c. RIB SOFTWARE AG may use personally identifiable information about visitors to the Site in aggregate form (statistical compilations) to make the Site better and more responsive to the interests of such visitors. Such statistical compilations of such information also may be used by RIB SOFTWARE AG or provided to others for marketing, advertising, or research purposes.

d. RIB SOFTWARE AG may collect certain non-personal information about visitors to the Site, including, but not limited to, the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including, but not limited to, improving the content of the Site, marketing, advertising, or research.

e. RIB SOFTWARE AG is not responsible for the privacy policies or practices of members of its authorized dealer network, advertisers, operators of linked sites, or other third parties.

f. RIB SOFTWARE AG uses cookies on the Site only to facilitate internal navigation and provide a more user-friendly site.

g. RIB SOFTWARE AG maintains records of IP addresses and other information contained in log files to identify any parties that are abusing or misusing our Site or are infringing on our intellectual property by making unauthorized copies of our Site, and also for identifying advertising improprieties by competitors.

h. Notwithstanding our privacy statement, we may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of us or property or anyone who could be harmed be such activities; (2) when we believe in good faith that the law requires it; and (3) in situations involving threats to the physical safety of any person.

i. Information collected by RIB SOFTWARE AG in connection with your use of this Site may be stored in, processed in, and transferred between any of the countries in which RIB SOFTWARE AG and its affiliates, agents, or contractors have offices to enable RIB SOFTWARE AG to use that information as set out in this Privacy Statement. For users of this Site, who are based in the European Union, you should be aware that information, which you provide to us, may be transferred to countries (including the United States), which do not have data protection laws equivalent to those in force in the European Union.

j. You may update and correct personal information you have provided via the website by emailing a request to webmaster@rib-software.com.

11. Miscellaneous.

a. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by RIB SOFTWARE AG of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.

b. Access to or use of this Site shall not be construed as RIB Software AG's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Southern District of Texas, Houston Division, or, if that court lacks jurisdiction, in the courts of the State of Texas, Houston County.

c. Users of this site shall abide by all applicable federal, state, and local laws, including those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, copyright, trademark, and service mark.

These Terms of Use were last updated on January 30, 2006.



Terms of Use

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