2. Intellectual Property and Copyright
All intellectual property rights in the Software rest with Stora Enso Wood Products GmbH. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Stora Enso owns all right, title and interest in and to the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted or (ii) remove, obscure, or alter Stora Enso’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
The use of the Software requires an initial registration on Stora Enso’s website. The user is obligated to indicate true and correct data in the registration form. Access to the Software is in Stora Enso’s sole and absolute discretion and can be denied without recourse. Upon approval, your registration provides you a personal, non-assignable and non-exclusive license to use the Software. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software.
The Software is dependent on a working server and the user’s internet connection. Server downtime, any problems with the internet connection or connection problems at the user´s computer can cause temporary inaccessibility of the Software. Stora Enso shall not be liable for the unavailability of the Software at any time. The Software has been designed to run on Microsoft platforms, using Internet Explorer as a web browser. The software may be operated from tablet computers (e.g. iPad) in a similar way as through a desktop computer. However, Stora Enso does not guarantee compatibility with any particular computer or platform system.
5. Accuracy and Correctness
The Software has been programmed according to the current state of the art knowledge in structural analysis and building physics. However, Stora Enso does not guarantee complete coverage of any national or local regulations. The Software has been designed to assist and support engineers in their daily business and shall be used for planning purposes only. The Software shall only be operated by skilled, experienced engineers, with an in depth understanding of structural engineering and building physics related to timber structures. It is the responsibility of the user to check and verify all input values, whether given by the user or by default by the Software and all results. The use of the results of the Software should not be relied upon as the basis for any decision or action and shall be used for guidance and planning purposes only.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORA ENSO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) STORA ENSO MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (V) REGARDING THE ACCURACY, COMPLETENESS, RESULTS OR OUTPUT OF THE SOFTWARE.
c) STORA ENSO DOES NOT PERFORM ANY PLANNING, DIMENSIONING, ENGINEERING OR COUNSELLING AND THE SOFTWARE SHALL NOT BE DEEMED TO CONSTITUTE SUCH SERVICES. STORA ENSO SHALL NOT BE LIABLE FOR ANY DEFECTS PERTAINING TO DEFECTIVE PLANNING, DIMENSIONING OR COUNSELLING.
d) STORA ENSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SOFTWARE
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STORA ENSO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SOFTWARE;
(II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; OR
(III) ANY OTHER MATTER RELATING TO THE SOFTWARE.
This limitation of liability shall not apply where damage is caused by Stora Enso’s gross negligence or willful misconduct.
You agree to defend, indemnify and hold Stora Enso harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the Software.
8. General Provisions