This Agreement provides for Systemair AB and its affiliates (collectively \"Systemair AB\") to grant access to its Configuration Tool (“Configurator Tool”) that allows you to create and configure a selection of Systemair AB products.
By accepting the Terms & Conditions you agree that you accept this agreement, and this agreement is the complete and exclusive statement of the agreement between you and Systemair AB regarding your use of this configurator tool and supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter. Further you expressly represent to Systemair AB that you are authorized to accept this agreement. Nothing contained in this agreement shall operate to amend or otherwise change the terms of any existing agreement between your employer and Systemair AB. This agreement shall become effective when you click on the \"i accept\" button.
Note: failure to accept the terms of this agreement will preclude you from accessing the configurator tool.
Systemair AB hereby grants you, subject to the terms and conditions of this Agreement, a nonexclusive, nontransferable right and license to access the Systemair AB Configurator Tool. Except as expressly authorized in this Agreement, you agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, store, or time-share the access to the Configurator Tool. Further, you agree to take all reasonable steps to protect the Configurator Tool from unauthorized access, copying or use. Systemair AB reserves all rights not expressly granted to you. The presentation of Configurator Tool site materials to a third party is prohibited.
You are responsible for determining whether the Configurator Tool and associated computer programs will achieve the results you desire; procuring, installing, and operating the required minimum specified hardware/software in combination with computer programs and access devices (if any) supplied by Systemair AB; providing a proper environment and proper utilities for the systems. You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions of or in the Configurator Tool or the associated computer programs, or the results thereof, including (without limitation) examination and confirmation of data prior to use thereof, provision for identification and correction of errors and omissions, preparation and storage of backup data, replacement of lost or damaged data or media, and reconstruction of data. You are also responsible for complying with all laws pertaining to the use and disclosure of any data.
Systemair AB is not responsible for obsolescence of the computer programs that may result from changes in your requirements. You, on behalf of your employer, represent that your employer and you agree to indemnify and hold Systemair AB, its officers, employees, and agents harmless from and against any loss, claims, demands, expenses (including court costs and attorney fees), or liability of whatever nature or kind (including, without limitation, negligence), of your or any third parties arising out of your use or nonuse of the Configurator Tool.
Systemair AB will provide your access to the Configurator Tool free of accesscharges, though you may institute purchase orders that result in charges.
Systemair AB and/or its third-party suppliers shall be the sole owner(s) of the content of the Configurator Tool and the associated computer programs, including any adaptations or copies thereof, and including associated intellectual property rights. Copies are provided and may be made only to allow you to exercise your rights under this Agreement. Systemair AB and/or its third-party supplier claim all copyright ownership with respect to the Configurator Tool and the associated computer programs as compilations and expressions of distinctive and creative formats, as well as claiming that portions of the Configurator Tool contain trade secret information of Systemair AB, including the structure and right of access to the Configurator Tool.
You acknowledge that any collection and compilation of data entails the probability of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media. Accordingly, you agree that the configurator tool and associated computer programs are provided \"as is\"; Systemair AB makes no representation or warranty with respect to their accuracy, completeness, correctness, currentness, or reliability; nor does Systemair AB make any representation or warranty that the configurator tool and any associated computer programs will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available is free of viruses or other harmful components; and to the fullest extent permissible under applicable law Systemair AB specifically disclaims any warranty, express, implied or statutory, including any warranty of merchantability or fitness for a particular purpose. Systemair AB shall not be liable on account of any such errors, omissions, delays, or losses. Under no circumstances, including, but not limited to, negligence, shall Systemair AB be liable to you for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, special or consequential, that result from the use of, or the inability to use, the configurator tool or the associated computer programs, even if Systemair AB or a Systemair AB authorized representative has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any kind.
We provide this Configurator Tool in order to assist you in creating your product selection. You agree that the use of the Configurator Tool is in your own responsibility, in cases of doubts you have to contact us for further consultations.
The foregoing limitations of liability do not apply if, in cases of intent or wanton negligence or the lack of warranted quality, liability is absolutely necessary. In such a case, the liability of Systemair AB is limited to the damage recognisable by Systemair AB when the concrete circumstances are made known.
Should you fail to carry out any other obligation under this Agreement or any other agreement with Systemair AB, Systemair AB may, at its option, in addition to other available remedies may immediately terminate this Agreement. Systemair AB reserves the right, with or without notice, to suspend access to or use of the Configurator Tool or any associated computer program.
This Agreement may not be modified except by a writing signed by authorized representatives of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights.
The nonenforcement or waiver of any provision on a single occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this Agreement.
This Agreement shall be governed by the Swedish laws. Any dispute arising out of or in connection with the use of the Systemair AB configurator / selection tool tool shall be subject to exclusive jurisdiction of the competent court in Sweden, however you shall also be entitled to enforce respective claims at your place of business.
You will be asked to share with Systemair AB information about your use of the Configurator Tool. You may accept or decline such requests when you use the Configurator Tool. Systemair AB will collect information about your use of the Configurator Tool only with your consent. If you agree to share data with Systemair AB, Systemair AB will not disclose any of your data to any third party and it will only be used by Systemair AB to monitor and improve the use of the Configurator Tool.
You understand and agree that the information you provide in connection with your use of the Configurator Tool will be maintained by Systemair AB and may be used for purposes of communicating with you regarding your use of the Configurator Tool, your orders or use of Systemair AB products, and other product or marketing related information which Systemair AB believes may be of interest to you. If you wish to stop receiving any such communication in the future, you may \"unsubscribe\" from them by following the instructions provided with such communications.
Systemair AB 06/2017