cab Produkttechnik GmbH & Co KG (hereafter "cab") or its affiliated companies hereby grants you a non-exclusive, nontransferable license at no charge to use these 3-D models and the corresponding documentation according to the following terms:
LICENSE GRANT - You may
- install the 3-D models on your personal computers;
- use and transmit the 3-D models on a network within a site;
- make copies of the 3-D models in machine readable form for backup purposes;
- modify the 3-D models in connection with your projects
- pass on the models to third parties in connection with your projects
LICENSE RESTRICTIONS - You may not:
- rent, sell, transfer or grant any rights in the 3-D models or corresponding documentation without the prior, explicit written consent of cab;
- remove any proprietary notices, labels, or marks on the 3-D models and corresponding documentation;
- make accessible to the public
- market the 3-D models as part of a product or service
NATURE OF THIS AGREEMENT - This license is not a sale. Provided that you pay license fees they are in consideration of the licenses granted under this Agreement. Title and copyrights to the 3-D models, corresponding documentation, and any copy made by you, remain the property of cab or its suppliers. Failure to comply with the above restrictions shall automatically terminate this license without further notice and terminate your rights to use the 3-D models and cab shall, in addition to its other legal remedies, be entitled to its reasonable attorney fees.
LIMITED WARRANTY - The 3-D models were compiled with great care and checked for accuracy. However cab can not guarantee that all data is up to date, correct and complete. Short-term technical changes are possible at any time. CAD software should only be used by trained staff. It is not a substitute for specialized testing and assessment. cab is not responsible for results on basis of these 3-D models. cab's entire liability and your exclusive remedy under this warranty will be, at the option of cab, to attempt to correct or help you around errors, to replace the 3-D models with functionally equivalent 3-D models, or to terminate this Agreement.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, CAB MAKES AND YOU RECEIVE NO WARRANTIES, EXPLICIT, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND CAB SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAB DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
Some states do not allow the exclusion of implied warranties so the above exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
LIMITATION OF LIABILITY - IN NO EVENT WILL CAB BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, WHILE LOADING THESE 3-D MODELS OR OTHERWISE, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE 3-D MODELS OR CORRESPONDING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some states do not allow the limitation or exclusion of liability for incidental, or consequential damages, so the above limitation may not apply to you.
If this agreement is translated into any other language than German, the German version remains the authoritative version.
If any of the afore mentioned provisions should be or become ineffective, this does not affect the validity of the remaining provisions. The ineffective or invalid provision shall be replaced by the corresponding statutory ruling, unless the parties reach legally effective agreement on another solution. The same also applies to any loopholes in the contract.