Conditions of use
NOE design calculation App
for NOE H 20 deck formwork edge, intermediate primary beams and prop spacings
Preamble
NOE-Schaltechnik Georg Meyer-Keller GmbH + Co. KG (hereinafter
referred to as NOE) makes available on its website www.noe.de an App
(hereinafter referred to as the Calculation App) for performing the design
calculations for prop spacing, prop force and the spacing of edge and
intermediate primary beams of the NOE H 20 deck formwork system.
This Calculation
App allows the calculations to be performed on a PC or on mobile devices.
Every use of this
Calculation App is at the user's own responsibility and risk, this also applies
to the downloading and installation of this App on a PC or mobile device.
By using the Calculation
App, you accept the following conditions of use:
1. Scope of use
1.1 Use is
permitted exclusively for business purposes by companies as defined in § 14 BGB
(German Civil Code).
1.2 The
following conditions therefore apply exclusively in business dealings with a
company as defined in § 14 BGB for the purpose described in the Preamble and
for the use of NOE products.
2. Protection clause
These conditions apply exclusively to the use and
scope of application of the Calculation App in as far as no other contractual
agreement is expressly affected. Other regulations, in particular the user's
General Terms and Conditions (GTC) are not part of this agreement, even if
these GTC are not expressly contradicted by NOE.
3. General use
3.1 The
Calculation App was created in accordance with best knowledge and belief and
carefully checked before being made available. Irrespective of this, the use is
obliged to have the Calculation App operated only by qualified employees who
have the necessary structural engineering knowledge about the scope of use
named in the Preamble.
3.2 NOE
strives to keep its website free of viruses, freedom from viruses cannot be
guaranteed however. The user of the Calculation App is obliged to take
appropriate security precautions and use a virus scanner.
3.3 NOE
provides no guarantee of the availability of the website, the Calculation App
or its technical defect-free operation at any time.
3.4 NOE
reserves the right to amend the conditions of use at any time. No express
notice of amendment of the conditions of use will be issued.
4. User's obligations to check
4.1 The
parties agree that it is not possible to develop a program that functions
without error for all conditions of application, and that this also applies to
the Calculation App.
4.2 The
design loads must be carefully worked through in accordance with EN 12812
before the Calculation App is used.
The calculation equations are based on the design
loads in EN 12812:
Formwork
weight g = 0.35 kN/m²
Live load v
= 0.75 kN/m²
Concrete load b= 25
x d kN/m²
Concrete surcharge p = 0.1 x b kN/m²
0.75
≤ p ≤
1.75 kN/m²
Total load q=
g + v + b + p
Bending deflection formwork I/500
in acc. with EN 12812
4.3 The
results obtained from the Calculation App must be carefully checked by the user
to verify that they are correct. No liability is accepted for correctness for
any use other than for NOE products.
4.4 The
burden of producing evidence and proof relating to the compliance with the
previously described obligations concerning checking and application is the
responsibility of the user.
5. Guarantees/warranty
5.1 NOE
affirms that it is the owner of the contractual right of use and is therefore
entitled to grant the user the right to use the Calculation App, without
infringing the rights of third parties. If this is not the case, NOE will
indemnify the user from all third party claims in relation to this.
5.2 Beyond
this, no guarantees or assurances are provided. In particular, NOE gives no
guarantee of the correctness of the results of the calculations from the Calcualtion App.
5.3 Warranty
claims based on any material defects and defects of title are generally
excluded.
6. Liability
6.1 Liability
for infringements of contractual and extra-contractual obligations are
unaffected. NOE is liable for the infringement of these obligations only in the
event of intent or gross negligence, limited to the foreseeable damages typical
for the use of the Calculation App. Considerable contractual obligations exist
if the disclaimer of liability relates to an obligation that must be discharged
for proper operation of the application and that the user could ordinarily
expect to be honoured. The rules about the burden of proof remain unaffected by
this.
6.2 NOE
accepts liability for personal injury exclusively in accordance with the
mandatory statutory requirements, for other damages only in the event of gross
negligence or intent. NOE is not liable for consequential damages, financial
loss or data loss.
6.3 Unless
the liability of NOE is excluded or limited, this also applies for the personal
liability of the officers and directors, contractors, employees,
representatives and vicarious agents of NOE.
7. Costs/cessation of the making available of the Calculation
App
7.1 The
Calculation App is made available free of charge.
7.2 NOE
reserves the right to offer the use of the Calculation App only against the
payment of a charge.
7.3 NOE is
not obliged to further develop the Calculation App or to extend it in
particular to other formwork systems other than that named.
7.4 NOE
reserves the right to terminate the availability of use of the Calculation App
without having to give any reason.
8. Intellectual property rights, contractual penalties
8.1 The
Calculation App is the intellectual property of NOE and may not be modified,
enhanced, reverse engineered, sold, rented or reused in any way for commercial
purposes without the prior written permission of NOE.
8.2 For
each case of culpable infringement of the prohibition in 8.1, the user is
obliged to pay a contractual penalty of € 5,000-00 excluding the defence
of the continuation of an offence. NOE reserves the right to assert damages
over and above this sum.
9. Data protection
When using the Calculation App, the user is obliged to
comply with the statutory requirements relating to data protection, and in
particular not to store any data about persons. The attention of the user is
drawn to NOE's data protection policy (www.noe.de/Datenschutzerklaerung.html).
These provisions of the data protection policy are part of these conditions of
use.
10. Miscellaneous
10.1 If one
or more provisions of these conditions of use is or becomes ineffective in part
or in whole or an omission is found in the provisions, then this does not
influence the effectiveness of the remaining provisions. Completely or
partially ineffective provisions or omissions are to be replaced by a suitably
effective regulation which, in as far as it is legally possible, fulfils the
intended legal and commercial purpose or comes closest to doing so.
10.2 The
place of jurisdiction for all disputes arising from the use is the domicile of
NOE (Süssen, Germany). The law of Germany applies,
excluding the provisions of the UN Sales Convention.
10.3 The
disclaimers published at www.noe.de/Impressum.html
apply for the NOE websites.
11. Contact
Please address questions about the Calculation App or
these conditions of use to info@noe.de