Copyright 2019 - DIACLASE - Consultores de Engenharia, Geologia e Ambiente Lda.

Legal Notice

GRANT OF LICENSE
DIACLASE grants to Licensee the right to use 1 (one) copy of DIACalc® for each License purchased (referred to as 'Software' in this License Agreement). 1 (one) License is only valid for 1 (one) single computer (where the Software is installed). DIACLASE grants to Licensee a nontransferable License to use the Software. Licensee shall not sell, lease, rent, lend, transfer, network, publish, disclose, display or otherwise make available any portions of the Software or copies thereof to others. The Software must be installed on a hard disk, in compliance with this License Agreement.

COPYRIGHT
The Software is owned by DIACLASE and is protected by Portuguese copyright laws and international treaty provisions. Therefore, Licensee must treat the Software like any other copyrighted material except that Licensee may either make 1 (one)  copy of the Software solely for backup or archival purposes, or transfer the Software to a single hard disk, provided Licensee keeps the original solely for backup or archival purposes. Licensee may not copy the written materials accompanying the Software without prior written authorization from DIACLASE.

OTHER RESTRICTIONS
This License Agreement is Licensee's proof of License to exercise the rights granted herein and must be retained by Licensee. Licensee agrees to secure and protect the Software and copies thereof in a manner consistent with the maintenance of the proprietary rights of DIACLASE. Licensee agrees to take appropriate action, by instruction or agreement with its employees who are permitted access to the Software, to protect unauthorized proliferation of the Software. Licensee may not reverse engineer, decompile, or disassemble the Software.

SOFTWARE INSTALLATION
Licensee shall be solely responsible for the installation and implementation of the Software on its computer; this includes (but is not limited to) loading the Software on its computer and implementing all the necessary configuration steps. DIACLASE does not warrant that the Software operates on the type of computer owned by Licensee and Licensee shall be solely responsible for obtaining a computer compatible with the Software. Licensee is solely responsible for the use of the Software, as well as for all the results obtained from the Software.

SOFTWARE UPGRADES
DIACLASE may, at its discretion, offer program upgrades. Licensee may obtain, at no cost, any applicable upgrade that is released for the software version that was purchased by the Licensee. For example, if version v3.2 was purchased, all released versions v3.x will be available without additional costs; v4.x, v5.x will be considered NEW major versions. Upgrades for NEW major versions may be purchased - upgrade prices will be provided on request, taking into consideration the previously purchased version.

TECHNICAL SUPPORT
Technical support will be available to 1 (one) contact designated by the Licensee for the period of 90 days from the date of purchase of a new License. Technical support will be provided by email ('Company', 'Client No.', 'License ID' will be required for identification purposes) or through the website. Thereafter, customers without a Maintenance Agreement will receive limited and non-priority support.

CONNECTIVITY
The Software may automatically connect to the internet without prior notice, in order to communicate with the servers of DIACLASE for various purposes (e.g. to activate the License key).

ONLINE FEATURES AND CONTENT
Features in the Software can retrieve online content from DIACLASE and provide it to Licensee. Certain features may also permit Licensee to search for and access information online.

USE OF INFORMATION
DIACLASE may use the computer information, error reports, and malware reports to improve the Software. This information will never be shared with other organizations.

LIMITED WARRANTY - NO OTHER WARRANTIES
DIACLASE warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of receipt. Any implied warranties on the Software are limited to 90 days. DIACLASE disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware.

CUSTOMER REMEDIES
DIACLASE's entire liability and Licensee's exclusive remedy shall be, at DIACLASE's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet DIACLASE's Limited Warranty and that is returned to DIACLASE with a copy of Licensee's receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall DIACLASE or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this DIACLASE product, even if DIACLASE has been advised of the possibility of such damages.

RETURNS AND EXCHANGES
Once a Software License has been activated, the Software cannot be returned or exchanged.

CODES AND STANDARDS
The use of the Software for analysis and design of concrete solutions requires full understanding of EN 1992-1-1:2005 (Eurocode 2). The analysis and design of steel fibre reinforced concrete solutions requires full understanding of EN 14651:2005 (Test method for metallic fibre content), DIN EN 1992-1-1/NA, DIN EN 1992-1-1/A1 and DAfStb Stahlfaserbeton:2012-11 (Richtlinie). The full understanding of these and other related normative documents is essential to ensure the correct use of the Software.

STEEL FIBRE DATABASE
The steel fibre database values included in the Software (Dramix® 3D, Dramix® 4D and Dramix® 5D) were provided by NV Bekaert SA, with the sole purpose of being used in this Software for the respective Dramix® product. In the case of post crack strengths properties of Dramix® in concrete being provided by the Software, such values are indicative values. It is the obligation of the Licensee to make sure that the required type testing is being made or is already available. Given dosages of Dramix® fibres are to be seen as recommended dosages for type testing. In no event shall NV Bekaert SA be liable for any damages whatsoever arising out of the use of the Software. Licensee hereby explicitly waives all (damage) claims towards NV Bekaert SA. NV Bekaert SA retains full ownership of the provided Dramix® steel fibre database. Reconstructing, copying, distributing or making public of the database in any form is prohibited. The Dramix® steel fibre database values may be changed by DIACLASE at any time without prior notice.

DISCLAIMER
The Software's development took considerable time, effort and expense. The Software has been thoroughly tested and used, however, except as otherwise specifically provided herein, no warranty is made on its accuracy or reliability. It is the responsibility of the engineer to verify all the results obtained from the Software. In the event the Software is found to be defective, DIACLASE's only obligation is to remedy the defect. DIACLASE will in no event have obligations or liabilities for incidental or consequential damages associated with the use of the Software. No other warranty is made.