License Agreement for 3skeng Products

Last updated May 17th, 2018. Replaces the prior version in its entirety.

 

Welcome to 3skeng©, the engineering solution for Trimble SketchUp™ developed by SHK. Please read this agreement carefully. By downloading, installing or using the 3skeng software or any portion thereof you agree to the terms and conditions described in this License Agreement.

 

Definitions

“Licensed Software” means the object code software of 3skeng Engineering including compiled-, locked- and unlocked interpreter-, HTML- and other type of files, which is a plug-in for Trimble SketchUp that SHK offers to you pursuant to this License Agreement. The Licensed Software does not contain a license for Trimble SketchUp. There is no CD or printed handbook delivered together with the Licensed Software.

“SHK” means SHK Engineering and Consulting GmbH & Co. KG, Rheingoldstr. 12, 80639 Munich, Germany.

Licensing Scope for 3skeng Tools "List", "Pipe", "Mount", "Steelwork" and "Channel"

SHK hereby grants to you a non-exclusive, non transferable, worldwide, perpetual license to use the Licensed Software subject to the terms and conditions set forth in this License Agreement. The license for one copy of the Licensed Software gives you the right to install the Licensed Software on one of your Windows or macOS personal computers. You do not need an additional license for a self-installed copy of the Licensed Software on a generally accessible storage medium (e.g. server).

Licensing Scope for 3skeng Libraries for 3skeng "Pipe" and 3skeng "Mount"

SHK hereby grants to you a non-exclusive, non-transferable, worldwide, time-limited license to use the Licensed Software (Library) subject to the terms and conditions set forth in this License Agreement. The use of the Licensed Software (Library) requires the Licensed Software 3skeng "Pipe" for 3skeng "Pipe" libraries and 3skeng "Mount" for 3skeng "Mount" libraries and is limited to one year starting from the day of purchase. The license for the Licensed Software (Library) must be manually renewed after the expiration date.

Licensing Restrictions

You may make of a back-up copy insofar as it is necessary to ensure future use.

You shall not obtain any rights or title to any copyright, trademark or other proprietary rights belonging to SHK except as granted in this License Agreement.

You shall not modify the drawing elements such as “components” or “groups” inserted by the function of the Licensed Software in your Trimble SketchUp model. Note: A modification of elements could result in malfunction and data-loss as parts of the Licensed Software delete and rebuild automatic generated elements.

You shall ensure that the Licensed Software is only used as provided by this License Agreement and you will not sublicense, rent, lease or otherwise transfer the Licensed Software or make the Licensed Software available in any form, to any third party.

You may not modify the Licensed Software, unless otherwise stipulated by mandatory law. You may especially not cause or permit, the reverse engineering, disassembly, decompilation, make interpreter code visible, translation or adaptation of the Licensed Software.

The Licensed Software can be run on Windows XP, Vista, 7, 8, 8.1 and 10 as well as macOS 10.9 and later.

The software Trimble SketchUp must be installed on the computer on which the Licensed Software shall be used. However, Trimble SketchUp is not part of this license, but must be licensed separately.

License Term / Charges

The term of the license of the 3skeng tools "List", "Pipe", "Mount", "Steelwork" and "Channel" is for a perpetual period.

The term of the license of Detail Libraries for 3skeng "Pipe" and 3skeng "Mount" is for a time-limited period of one year.

When the user starts the Licensed Software after download and setup for the first time, he will have to type in his email address. This email address will be the 3skeng User-ID. The user will receive activation keys on request and - if agreed upon - user information for that email address. The provided email address will never be forwarded to third parties. To receive emails with activation keys and allow 3skeng to check for updates, an active internet connection to the 3skeng servers is required. The license fee for one license of the Licensed Software amounts as listed in the 3skeng online store plus VAT, if applicable. After you have paid online, the purchased license(s) will be added to your email address automatically and you will receive an email which contains your order and invoice information.

Changes and Updates

SHK is entitled though not under obligation to introduce changes and updates to the Licensed Software. If you are online, a notification will inform you as soon as an update is available.

Privacy Policy

Some parts of 3skeng may connect to the 3skeng servers, in order to automatically check for license, updates or synchronize your 3skeng model libraries, if you are online. During this process, the data needed to provide this service will be transmitted secured by SSL encryption to the server. The transmitted data contains 3skeng and Sketchup version information, username, e-mail-address and a generic system id.

All information needed for providing the online services of 3skeng are stored on secured SHK servers located in Germany. SHK will never pass on any personal data to third parties. Stored data is only used to provide the license and update services, as well as for usage statistics, which help us to make 3skeng even better.
Please find detailed information about our privacy policy by clicking on the following link: Privacy Policy.

 

Industrial Property, Rights and Copyrights

All industrial property rights and copyrights of SHK relating to the Licensed Software shall remain the exclusive property of SHK.

In case of any claims brought against you asserting an infringement of industrial property rights or copyrights in connection with the usage of the Licensed Software you shall promptly after your knowledge of such claims notify SHK in writing thereof. SHK shall also be entitled to be informed in advance of all intended measures to defend such claims or all settlement negotiations. You shall be obliged to provide reasonable assistance to SHK to deal with or settle the claims.

In case of any third party claims brought against you asserting an infringement of industrial property rights or copyrights or in case SHK expects that such claims might be asserted, SHK is entitled –irrespective of the assertion of warranty claims by you – to modify or replace the Licensed Software or individual parts thereof in a way that no danger of an infringement of third party rights arises, provided that the functionalities of the Licensed Software are not negatively affected thereby. In this respect, you shall be obliged to install updates delivered by SHK, if any, and refrain from using the previous version.

Claims due to defects, Warranty claims

SHK assumes no guarantee of any kind with regard to the Licensed Software meeting your requirements or interacting with any of your other software programs.

Any information contained in the Licenses Software or arising from or in connection with the use of the Licenses Software is provided by SHK “as is” and without warranty of any kind, expressed or implied, including – but not limited to – any implied warranties of merchantability, fitness for any particular purpose or not-infringement. The described functionality and technical data are not binding and not expressly warranted characteristics of the Licenses Software. They are subject to change.

SHK gives you express notice that, based on the current state of technology, it is not possible to develop complex software products that are completely free of technical defects. The contractually-specified characteristics for the Licensed Software to be provided by SHK does not require that the Licensed Software be completely free of programming errors but merely it be free of programming errors that materially impair its use.

If a problem occurs, please review the support section on www.3skeng.com first. Registered users will also receive support via email. For this purpose the user will need to send a detailed error description including the name and release version of the operating system and the release version of the SketchUp and Licensed Software installation to support@3skeng.com.

If you are a merchant, all statutory claims due to defects/warranty claims (except from claims for liability, see below) are limited to 1 year, otherwise to two years.

 

Liability

For damages or compensation of unavailing expenditures, whatever the legal basis including tort may be, the following rules apply:

SHK is only liable in case of intentional conduct, gross negligence, claims based on the Product Liability Act as well as in case of death or personal or physical injury according to statutory law.

SHK shall not be liable for slight negligence. However, SHK is also liable for slight negligence if SHK is in breach of such contractual obligations, the fulfilment of which allows for the due performance of this License Agreement, the breach of which would endanger the purpose of this License Agreement and the compliance with which you may constantly trust in (so-called "cardinal obligations"). In such cases, SHK’s liability will be limited to typical and foreseeable damages. In all other cases, SHK shall not be liable for slight negligence.

Miscellaneous

This License Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Germany exclusive of any provisions of the United Nations 1980 convention on Contracts for the International Sale of Goods, including any amendments thereto.

If you are a merchant, the legal venue in respect of all disputes arising from and in connection with this License Agreement is the courts in Munich. Otherwise the venue provided by statutory law shall apply.

In the event of any parts of this License Agreement being or becoming invalid, in whole or in part, this shall have no effect on the validity of the remaining provisions thereof. In such cases the parties undertake to replace any such invalid provision by one that most closely approximates the commercial intentions.

Amendments of changes of this License Agreement shall be in writing. This includes the waiver of this writing requirement.

 

© by SHK Engineering and Consulting GmbH & Co. KG, Rheingoldstr. 12, 80639 Munich, Germany