Condiciones de uso

1. Scope and contracting party

These terms govern the provision and use of the AGFEM software and the use of the agfem.de website. The contracting party is the company named in the imprint.

Deviating terms of the user do not become part of the contract unless we expressly agree to them in text form.

2. Subject matter

AGFEM is software for the electromagnetic design of electrical machines. For the term of the contract we grant the user a simple, non-transferable right to use the software as intended. No ownership of the software is acquired.

The description of the feature set on this website is a description of services and not a guarantee in the legal sense.

3. Trial period

After registration the user receives a licence key. The first activation of that key in the installed software starts a free trial period of 30 calendar days with the full feature set.

The trial ends automatically. It requires no cancellation and does not convert into a paid subscription by itself. The trial is granted once per user and per company.

4. Paid licence, prices and payment

The paid licence costs EUR 100.00 net per month plus applicable VAT. Billing is monthly in advance through our payment provider.

If a payment fails, we may suspend the licence after an unsuccessful payment reminder. Fees already paid for the current period are not refunded pro rata.

5. Term and cancellation

The subscription runs for an indefinite period and may be cancelled by either party with effect from the end of the current billing period. There is no minimum term. Cancellation is possible at any time in the customer account.

The right to extraordinary termination for cause remains unaffected.

6. Activation and licence check

The licence is tied to a named person. It may be activated on up to two computers of the same natural person at the same time. An activation can be released in the customer account at any time and reassigned to another computer; the number of moves is not limited.

The software checks the validity of the licence over the internet at start-up and once a day thereafter. If no connection is available, the software continues to run for up to 14 days on the last confirmed licence.

Circumventing, removing or manipulating the licence check, and passing the licence key to third parties, is prohibited and entitles us to terminate without notice.

7. Obligations of the user

The user keeps their credentials confidential and notifies us without delay of any suspected misuse. The user ensures that the data they provide is accurate.

The user may not reverse engineer, decompile or disassemble the software except where § 69e UrhG mandatorily permits it.

8. Updates and availability

During the term we make updates available, without any claim to a particular feature or release date.

We aim for high availability of the licence check. Brief interruptions, e.g. for maintenance, are covered by the 14-day offline grace period.

9. Warranty

The statutory warranty rules apply. The user acknowledges that, according to the state of the art, software cannot be produced entirely free of defects.

AGFEM is a computation tool. Its results replace neither professional review by a qualified person nor testing of a real prototype. Responsibility for the design and for releasing a product remains with the user.

10. Liability

We are liable without limitation for intent and gross negligence, for fraudulently concealed defects, for injury to life, body or health, and under the German Product Liability Act.

For slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.

The user backs up their data at appropriate intervals. We are liable for loss of data only to the extent that would have occurred with proper backups in place.

11. Export control

Use of the software may be subject to export and import regulations. The user is obliged to comply with the applicable rules.

12. Changes to these terms

We may amend these terms with effect for the future. We announce changes in text form at least six weeks before they take effect. If the user does not object before they take effect, the changes are deemed accepted; we point this out separately in the notice.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only insofar as it does not remove the protection of mandatory provisions of their country of residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the seat of our company is the exclusive place of jurisdiction.

Should any provision be invalid, the validity of the remaining provisions is unaffected.