Welcome to 3skeng©, the conceptual engineering solution for Google 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 Pipe LT including compiled-, locked- and unlocked interpreter-, HTML- and other type of files, which is a plug-in for Google SketchUp that SHK offers to you pursuant to this License Agreement.. The Licensed Software does not contain a license for Google SketchUp. There is no CD or printed handbook delivered together with the Licensed Software. However, a user guidance feature is part of the Licensed Software.
“SHK” means SHK Engineering and Consulting GmbH & Co. KG, Eschenweg 15, 85345 Freising, Germany.
Licensing Scope
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 up to three of your personal computers, under the condition that the Licensed Software is used at any one time on one of those three personal computers only. 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). If the anticipated number of concurrent users of the Licensed Software at any one time exceeds the number of acquired licensees, you must acquire the required additional number of copies of the Licensed Software.
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 Google 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 and Vista as well as Mac OS/X.
The software Google SketchUp must be installed on the computer on which the Licensed Software shall be used. However, Google SketchUp is not part of this license, but must be licensed separately.
Violation and Termination of the License Agreement
SHK shall be entitled to terminate this License Agreement with immediate effect in the event of any provision of this License Agreement being violated by you. In this case you must immediately stop the use of the Licensed Software and deinstall the Licensed Software from the respective computers.
License Term/Charges
The term of the license is limited to April 15th, 2010. During this term the SHK grants the license for free. After this term you must immediately stop the use of the Licensed Software and deinstall the Licensed Software from the respective computers, unless SHK changes the terms and conditions of this License Agreement and allows en extended use free of charge.
Changes and Updates
SHK is entitled though not under obligation to introduce updates to the Licensed Software.
Warranty and Liability
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.
As the license is granted for free, any warranty for the Licensed Software is excluded. If, however, SHK fraudulently conceals a legal defect or a material defect, SHK will be obliged to refund the damage resulting therefrom.
Apart from that SHK shall be liable only in case of gross negligence, willful misconduct and claims under the German Product Liability Act. This applies independently of the relevant legal basis of the claim.
In the event of gross negligence SHK`s liability shall be limited to compensation of typical and foreseeable damages, such limitation does not apply to the extent the damages in question were caused by executives or statutory representatives of SHK. In no event shall SHK be liable for data tables contained in the Licensed Software as well as any calculations made by using the Licensed Software.
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 are 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 - 3sdoc:LicensePipeLTEn091006