Terms of Use
Use of all live tools such as the COMBUSTION TOOL or the HEAT TRANSFER TOOL or the GT Combustor TOOL or the AERODYNAMICS TOOL each of which hereinafter referred to as SOFTWARE on the
aerocomb.com website by you hereinafter called CUSTOMER is subject to the following terms of use.
Please read these terms of use carefully before you make use of the SOFTWARE. By using the SOFTWARE, you accept these terms of use. If you do not agree to these terms of use, please do not use the SOFTWARE.
aerocomb.com reserves the right to update the terms of use at any time without notice to you. You agree to review these terms of use on a regular basis and agree that any subsequent use of the SOFTWARE after an update of the terms of use shall constitute your acceptance of the modified terms of use.
1. Beta-Version Disclaimer
The SOFTWARE contains prerelease code that is not at the level of performance and compatibility of a final, generally available, product offering and may not be used in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Due to the nature of the development work
aerocomb.com provides no assurance that any specific errors or discrepancies in the SOFTWARE will be corrected. CUSTOMER expressly acknowledges and agrees that the SOFTWARE may change substantially prior to commercial release and may not be upgradeable to the commercial release. CUSTOMER acknowledges that no guarantee of a specific release date or time for a commercial release of the SOFTWARE exists and that the
aerocomb.com has no express or implied obligation to announce or introduce a commercial release of the SOFTWARE or any similar or compatible product.
2. Warranty Disclaimer
aerocomb.com may correct errors in the SOFTWARE and DOCUMENTATION within a reasonable time, as determined in its sole discretion.
aerocomb.com does not guarantee or assume responsibility for any impact of use of the SOFTWARE on CUSTOMER'S existing production or other environment or on CPU performance. CUSTOMER acknowledges that the SOFTWARE constitutes an ''untested'' product. CUSTOMER understands that the testing and quality assurance of the SOFTWARE has not yet been completed, nor is the SOFTWARE authorized for general release by
aerocomb.com. CUSTOMER agrees and acknowledges that the SOFTWARE has not been tested or debugged and is experimental and that the Documentation may be in draft form and will, in many cases, be incomplete. CUSTOMER agrees that
aerocomb.com makes no representations regarding the completeness, accuracy or CUSTOMER'S use or operation of the SOFTWARE . The SOFTWARE and DOCUMENTATION are being delivered ''AS IS'' WITHOUT WARRANTIES OF ANY KIND.
aerocomb.com
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION.
aerocomb.com AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR INFRINGEMENT.
3. Liability Disclaimer
IN NO EVENT WILL
aerocomb.com BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR LOSSES OR DAMAGES, DIRECT OR INDIRECT, OR EXPENSES INCURRED BY CUSTOMER IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING LOST DATA, LOST PROFITS, BUSINESS INTERUPTION, TIME, MONEY, GOODWILL AND ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF
aerocomb.com HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE USE OF THE SOFTWARE.
4. Governing Law
In case of differences of opinion, the contracting parties agree that they will endeavor to reach an amicable settlement prior to bringing the matter before court. In the event that a judicial assessment cannot be avoided, the exclusive place of jurisdiction shall be Zurich in Switzerland. These terms of use and all disputes arising out of or related thereto shall be be governed by and construed under the laws of Switzerland.
The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to these terms of use or the parties' relationship.
5. Severability
The invalidity or unenforcability of any provision of these terms of use shall in no way affect the validity or enforcability of any other provision of these terms of use.
6. Data Protection
When using the SOFTWARE data necessary for your computational case is stored on our server. After 30 minutes of inactivity the data is automatically deleted. No data relating to your computation is kept on our server.
7. Miscellaneous
The headings and subheadings contained in these terms of use are for reference purposes only and shall not affect the meaning or interpretation of these terms of use.
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