GENERAL TERMS AND CONDITIONS FOR THE CLC_calculator SPREADSHEET USER LICENSE AGREEMENT
With these General Terms and Conditions (or "Agreement"), ROTHO BLAAS SRL, with registered office at I-39040 Cortaccia (BZ), Via dell'Adige 2/1 (hereinafter "RB") grants the user the non-exclusive and revocable right to use the "CTC_calculator" spreadsheet (hereinafter "XLS") free of charge under the following conditions and during the term of this Agreement.
This Agreement therefore governs the relationship between the User and RB with respect to the use of this spreadsheet. By downloading and using XLS, the user accepts this Agreement and the conditions set out herein.
XLS allows the user to perform static calculations only for the products and materials indicated in each of its sections. This Agreement expressly prohibits to use XLS to manufacture products that are not indicated.
XLS allows the user to determine an indicative number of connectors; the exact number of connectors must be determined by the designer in charge who is responsible for checking the accuracy of the results obtained from the processing of the data entered.
In any case, RB does not guarantee the legal and design conformity of the calculations, as RB intends to provide only an indicative calculation tool to be considered as a technical-commercial service within the sales activity.
2. TECHNICAL-STANDARDS REFERENCES
RB carried out the checks according to the Limit State method in accordance with EN 1995-1-1 Eurocode 5 - Design of timber structures and EN 1992-1-1 Eurocode 2 - Design of concrete structures.
The stresses have been calculated using the method indicated in Appendix B of the standard EN 1995-1-1 concerning mechanically jointed beams. The dimensioning is carried out considering an effective shoring of the beams during the casting phase and until the concrete is completely cured.
The dimensioning of any additional reinforcement required must be carried out separately. The stiffness values are taken from the European Technical Assessment Document ETA-19/0244.
3. RB RIGHTS AND OBLIGATIONS
a) makes available XLS to the User free of charge, as it is;
b) does not provide the user with any technical support for using XLS;
c) does not guarantee that XLS complies with the regulations in force or with the calculations design made using it. In particular, as a result of changes to the relevant provisions, such as standards, approvals, etc., the spreadsheet may become invalid in part or in full.
d) while reserving the right to update, revise and develop XLS, RB does not assume any obligation towards the user to verify, correct, complete or update the spreadsheet and/or make the updates available to the user.
4. USER RIGHTS AND OBLIGATIONS
The User declares to use the spreadsheet as a professional excluding any use as a consumer, and to always comply with the following obligations and prohibitions:
a) obligation and responsibility to verify that XLS meets the specific needs and that it is compatible with the hardware-software-systems;
b) obligation to verify, for each use, the compliance of the calculations made through XLS to the regulations in force and to the project;
c) obligation to verify the legal compliance of the calculations made through the Software;
d) obligation to use the latest version of XLS made available by RB on the website, checking at each use for any updates that have occurred;
e) prohibition to use XLS for products not indicated in each calculation section;
f) obligation to use updated antivirus software that complies with the industry standard in force;
g) obligation not to assign the licence to use XLS to third parties and/or in any other way transfer, pledge or lease, rent or share with others or sublicense the rights to use the spreadsheet;
h) prohibition of making copies of XLS or allowing third parties to make them;
i) prohibition to modify or vary XLS in any way, including through third parties.
The copyrights on the formulations referred to in the spreadsheet and all the intellectual and industrial property rights underlying them (such as, but not limited to: trademarks, patents, trade secrets, know-how, confidential information) are and remain the exclusive property of RB. This agreement does not transfer any of the above rights to the user.
6. DURATION, WITHDRAWAL AND TERMINATION
These general conditions and, consequently, the licence to use the spreadsheet, are valid from the moment of downloading it until the termination of its use.
The user may withdraw from this Agreement at any time by deleting the XLS and all copies from its systems.
RB may withdraw from this Agreement and deactivate the service in the event of a breach of any of the provisions governing the license of use. In the event that RB notifies its termination, the user shall remove the spreadsheet and any copies thereof from its systems.
The user is solely responsible for the use of XLS, including, but not limited to, all calculations, printouts, export data made with it and/or for entry errors, protection of data files and maintenance and in general for any use of the spreadsheet.
RB does not guarantee and in no case can be held responsible for damages, losses and costs or other consequences, for any reason (warranty for defects, warranty for malfunction, product or legal responsibility, etc.) deriving from:
The user agrees to indemnify and hold harmless RB, its subsidiaries and its or its officers, directors, employees, successors and appointees (each individually, "Beneficiary", collectively, the "Beneficiaries") for the costs incurred in relation to claims made by third parties for damages or losses deriving from the use of the spreadsheet by the user (including, but not limited to, fees and management costs incurred by RB).
These general conditions constitute the entire agreement between RB and the user regarding the subject matter and replace all previous, oral or written agreements, as well as any agreements between RB and the user.
In the event of differences between versions of these conditions in the various languages, the Italian text is binding and takes precedence with respect to the translations.
11. APPLICABLE LAW AND COURT OF JURISDICTION
This agreement and any relationship between the parties is governed exclusively by the Italian law. Any dispute that may arise between the parties in relation to this agreement, that cannot be resolved amicably, shall be brought before the court of Bolzano.