Terms of Use for BIM@OBO

Preamble

These Terms of Use represent an agreement between a User of the application of the BIM@OBO service (the “User”) and OBO Bettermann Holding GmbH & Co. KG (“OBO”) and are agreed only between the User and OBO.

These conditions regulate, in particular, the type and scope of the service, the conditions of business of the service and the regulations on completion and termination of a contract relating to the provision of the service.

1. Terms of Use

To be able to use the application and the service, the User must be at least 18 years old.

By installing the plug-in software or using the web-based application, the User shall agree to the conditions below. Should the User not agree to these conditions, then they shall have no authorisation to download the application, install it or use it.

The application shall be licensed for the appropriate User but shall not be sold to them. Use of the application by the User shall be subject to the conditions of business specified in this EULA. By downloading, installing or using the application, the User accepts the conditions of this EULA.

An Internet connection shall be required to use the application. OBO shall not accept any guarantee that the application is accessible on every device or in any geographic location.

The User shall bear the sole responsibility for any costs they incur in accessing the application via their device.

2. Definitions

• Website under: https://www.obo.de/de-de/service/bim
• BIM@OBO allows planners, architects and installation engineers to create BIM-compliant planning for electrical installation – quickly, easily and in a sustainable manner. Users can profit from a completely new BIM offer, tailor-made for their requirements, which offers effective support throughout all the project phases of Building Information Modelling. In addition, the direct integration into their normal planning environment ensures efficient and reliable planning, no matter whether OBO-specific or manufacturer-neutral. The software is available on the website and can be opened and/or used via a web browser. The software is required for provision of the service. In addition, with the BIM@OBO plug-in, you can integrate the OBO product world directly into your Revit. You can save yourself the tiresome search for individual components and where to place them, and instead can configure the right system for your needs after logging in, load it into Revit and begin the process.
• Service Free service, which gives the customer access to BIM@OBO and downloading of:
  • Files in many different formats, consisting of models (3D) and their views (2D), as well as technical drawings of products, offered by the provider as part of BIM@OBO; and/or
  • plug-in for special programs, which integrate such special programs with BIM@OBO and with a non-exclusive licence to use items contained in these files and plug-ins.
• User A natural person, a corporate body or another organisation, which is legal through terms of reference and which acts through a representative or an employee, to whom the service is made available.

3. Licence, intellectual property rights

OBO and its affiliated companies (acc. to § 15 of the German Companies Act), along with possible third-party licensors, are the full owners of the application and the software used for its provision. All the property rights and other intellectual property rights to all information and material in the application or the service shall be retained by OBO, its affiliated companies or third-party licensors. “OBO” is a brand or registered brand of OBO Bettermann Holding GmbH & Co. KG.

Subject to these Terms of Use, OBO shall provide the User with a non-exclusive, non-transferrable, non-sublicensable, limited and personal licence to install, execute, display and use the application solely for the personal and non-professional or professional purposes of the User. The User shall be obliged not to sublicense, sell, distribute, copy, reproduce, lease, transfer, assign, modify, publish, regress or otherwise make commercially available the application or parts of the same.

All rights not expressly assigned to the User shall remain solely with OBO. OBO shall be permitted to use all ideas and comments provided by users of the application free of charge and, providing that OBO considers this reasonable.

4. Content from third parties/subcontractors

Content created by third parties can be made available via the application. This content may include settings made by third parties. For clarification: Sole responsibility for such content shall rest with the third party that create this content and/or has rights to it. OBO shall not accept any responsibility for the correctness, quality, structure, existing property conditions or reliability of content provided by third parties.

In addition, OBO shall reserve the right to use subcontractors to make the application available.

5. Registration process

Registration shall be required for contract completion and provision of the service. Without registration, only the browser function (without download) shall be available.

Registration shall require the approval of the User and shall comprise the Terms of Use, as well as data protection and security directives. Approval shall be provided by checking the appropriate box and clicking the “Register” button.

 In the registration form, the User must state the following information, which shall be required for provision of the service:

• Necessary data: First name, surname, country, company, company time, function in the company and e-mail, password to the customer account and password confirmation.
• Optional data: The provision of the telephone number is optional.

OBO shall send an e-mail to confirm the registration to the e-mail address provided by the User. OBO shall be permitted to reject the registration of the customer account, without stating reasons, particularly if the data of the User is incomplete or imprecise. In this case, the contract shall not be completed.

After receipt of an e-mail to confirm registration, the User shall be able to begin use of BIM@OBO.

When the User downloads files and/or plug-ins within the scope of the service, OBO shall grant the User the non-exclusive, free licence to use items contained in these files and/or plug-ins, to save these items on the hard drive of a computer or in the memory of another device used by the customer; use in special programs; copying; display and sharing as part of projects or other documents, created with special programs.

6. Exclusion of liability

The calculations carried out in the application shall be based solely on the data and information provided by the customer or User. The calculation or the results thereof may not be regarded as a replacement for the necessary calculation or planning services of a qualified person, who is aware of the individual features of the project, and must be checked by such a qualified person before any use.

For this reason, OBO shall not accept any guarantee for the completeness or accuracy of the results of such a calculation, which are provided by this software application with regard to the specific requirements of a project. OBO shall reject any liability to the greatest possible legally permitted level and shall not accept any guarantee for correctness and completeness, in particular, but not limited to, results relating to consumption or energy savings, interior temperatures, equity return conditions and suitability for a specific purpose, providing that OBO has not infringed an obligation to the customer through gross negligence or intent.

Under no circumstances shall OBO be liable for contractual, profit, turnover, business or company value losses or other particular, indirect or direct resulting losses or damage, no matter how they are caused or what their impact is.

7. No guarantees

Irrespective of any mutual conditions and in the large permissible scope according to current laws, the application is made available “as seen”, with all the errors and “as available”, without any guarantee, without any kind of guarantees or assurances of services. The User shall bear the sole risk. The User shall bear the entire risk for satisfactory quality and performance.

OBO shall not accept express, tacit or statutory guarantees, including tacit guarantees for the state, uninterrupted use, accuracy of the data (including, but not exclusively, location data), market accessibility, satisfactory quality, suitability for a specific location purpose and non-infringement of the rights of third parties. OBO shall not accept any guarantee:

• For impairments of the use of the application or the service of the User.
• That the application or the service corresponds to the requirements of the User,
• That the operation of the application or the service is not interrupted or error-free,
• That the application or the service can interoperate with other applications or be compatible,
• That the error in the application or the service can be eliminated.

Verbal or written advice from OBO or an unauthorised represented shall not represent any guarantee.

8. Contractual period and termination

The licence of the User in accordance with this EULA begins on the date at which the User accepts this EULA and downloads, installs or otherwise uses the application, and ends on the date at which either the User terminates the application (through an informal e-mail to BIM@OBO.de) or OBO terminates this EULA. The licence named in Point 3 becomes invalid on the termination or ending of this agreement.

The licence of the User shall become invalid immediately if the User tries to bypass technical protection measures connected to the application, or if the User uses the application in another manner, infringing the conditions of this EULA. In such cases, the User must destroy all their copies of the application and stop accessing the application.

9. Rights and obligations of the provider

OBO shall take every care in providing the service.

OBO shall not be responsible for any irregularities which occur in the provision of the service, which can be traced back to the following:

a) Incorrect functioning of the web browser used by the customer;
b) Incorrect functioning of the Internet connection;
c) Disadvantageous actions by third parties;
d) Other reasons for which OBO is not responsible.

The agreement shall end if the customer:
a) Provides incorrect details in the registration form;
b) Violates one of the conditions thereof;
c) Uses the service in contravention of applicable laws.

OBO shall be able to carry out updates, repair work and maintenance work on BIM@OBO and other technical facilities, which are used to provide the service, and also temporarily block access to BIM@OBO for the period required for the provision of these processes. Information on such a block shall be published on the website.

10. Rights and obligations of the User

The User shall be obliged to provide truthful, appropriate details in the registration form.

The User is aware that all the details of the provider in conjunction with contractual fulfilment shall serve purely as information. Any use of such information by the User for the purposes of a project or to solve a technical problem shall take place at the sole responsibility of the User and must be checked by them independently.

The User shall not purchase any rights to the files or plug-ins which are downloaded in the scope of the service, with the exception of the licence, as stated in Point 3. The User must comply with the conditions of the licence, and, in particular, the User may not edit any files and/or plug-ins or share them with third parties, unless this occurs as part of a project or another document, which was created using special programs.

When this agreement is terminated, the User shall immediately delete all the downloaded files and/or plug-ins. In spite of the termination, the User shall still be authorised to use files and/or plug-ins, which were created as a part of the projects or other documents, compiled using dedicated programs, although only in conjunction with this project.

11. Data protection

The OBO data protection declaration shall apply to the use of this website and the services offered therein. The conditions contained therein shall thus be a component part of these Terms of Use. www.obo.de/datenschutzerklaerung/

12. Changes

OBO shall be permitted to terminate provision of the application at any time and at its own discretion, with or without the approval of the Users. However, OBO shall make every effort to inform the Users of this in advance.

OBO shall reserve the right, at its own discretion, to change, modify, add or remove parts, by publishing the updated Terms of Use on the OBO website. It is assumed that the User accepts these conditions when they continue to use the application. The User shall be permitted, at any time, to terminate their licence according to these conditions, as soon as the revised version takes effect.

OBO shall reserve the right to modify these Terms of Use at any time, if this is required for legal or actual reasons. OBO shall announce any changes to the Terms of Use in good time before they take effect. The changes shall take effect if you do not object within a period of two weeks. During the announcement of the changes, OBO shall inform you of your right of objection and the consequences of not doing so.
OBO shall also reserve the right to modify, supplement or delete individual pages, parts of the pages or the entire offer, without prior notice, or to cease publication, temporarily or permanently.

13. Applicable law, place of jurisdiction

If the User is an entrepreneur, then these Terms of Use shall be subject to the material and formal laws of the Federal Republic of Germany.
If the User is a consumer, then these Terms of Use shall be subject to the material and formal laws of the Federal Republic of Germany, unless barred by essential legal requirements, particularly consumer protection regulations.
If the User is a trader in the sense of the German Commercial Code, a publicly owned fund or a corporate body under public law, then Menden (Sauerland) shall be the sole place of jurisdiction for any disputes resulting from these Terms of Use.

14. Saving clause

Should parts or individual formulations of the Terms of Use not, no longer or not fully correspond to current legal practice, then this shall not have any effect on the content or the validity of the remaining sections thereof. The non-effective condition shall be replaced by a condition to be determined, which shall be as close as possible, in a commercial and technical sense, to the non-effective condition.

Should OBO fail to implement these Terms of Use or one of its conditions, this shall not mean a waiving of the corresponding rights.

15. Other

This EULA represents the complete agreement on the use of the application between the User and OBO and shall replace any previous agreements and guarantees between them.

Individual and supplementary agreements between the User and the provider shall be made in writing, under penalty of losing effect.

The BIM@OBO platform is provided by OBO Bettermann Holding GmbH & Co. KG, a German company with its head office at Hüingser Ring 52, 58710 Menden, Germany. Should you have questions about BIM@OBO, please contact the BIM@OBO team.