RIB SOFTWARE SE 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. RIB SOFTWARE SE 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.
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. RIB SOFTWARE SE may change, delete, or update any posted information or materials at any time and without prior notice. The information and the materials posted on this Site are provided for informational purposes only and are not binding on RIB SOFTWARE SE in any way, except to the extent they are specifically indicated to be so.
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 SE’s authorized dealer networks or RIB Software SE’s corporate partners, do not constitute sponsorship, endorsement, warranty, or approval by RIB SOFTWARE SE of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by RIB SOFTWARE SE, and RIB SOFTWARE SE is not responsible for the availability, content, policies, or practices of linked sites. RIB SOFTWARE SE 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.
RIB SOFTWARE SE 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 SE 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, either. 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.
UNDER NO CIRCUMSTANCES WILL RIB SOFTWARE SE 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 SE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIB SOFTWARE SE 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.
All rights are reserved. Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by RIB SOFTWARE SE or by third parties that have licensed their use to RIB SOFTWARE SE. 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 uses of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by RIB SOFTWARE SE, is strictly prohibited. This Site and its contents are copyrighted by RIB SOFTWARE SE under international conventions. 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 SE.
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 SE, 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 SE, 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.
You agree to defend, indemnify, and hold harmless RIB SOFTWARE SE, 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.
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 SE 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. Access to or use of this Site shall not be construed as RIB Software SE’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. 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.