Nutzungsbedingungen
1) OVERVIEW
These terms of use apply as soon as you download and install wizYsmart Manager. The purpose of these terms of use is to access and use the content and services offered by Difraxis.
By using wizYsmart Manager and the contents offered, the user unreservedly accepts these terms of use. The user always uses the contents and services of Difraxis at his own risk and under his own responsibility. The user must ensure that the use he makes of the proposed content and services does not directly or indirectly infringe the rights of third parties.
The use of wizYsmart Manager assumes access to the Internet; Internet connection may result in payment of a connection fee or telephone subscription to an ISP. The actual use of wizYsmart Manager is free for the user. wizYsmart Manager is primarily an application for accessing a catalog of paid content and services explicitly mentioned.
When registering on wizYsmart Manager, the user is required to provide truthful, accurate, current and complete data about him in accordance with the instructions of the form and, if necessary, to update the data so that it remains true accurate, current and complete. In case of false information, Difraxis reserves the right to completely prohibit the user access to content and services, without any compensation.
Difraxis may, within reasonable limits, modify at any time and without justification the content of these terms of use. In order to continue using wizYsmart Manager, its services and contents, the user must explicitly accept the new conditions of use in force. The absence of such an agreement terminates the right and the ability for the user to continue to use wizYsmart Manager, its contents and services.
These conditions of use are subject to French law, Difraxis being a company established in France. Consequently, if there is a difference between this document in French and its equivalent in another language, only the text in French can be used.
2) USE
wizYsmart Manager is intended for users of Allplan software, customers of Allplan. Difraxis is a totally independent company from Allplan and the Nemetschek Group.
The user can use the contents and services offered on wizYsmart Manager for professional and private purposes, insofar as it respects the legal provisions in force for the type of use and where he does not use the contents and services to unlawful purposes or under unlawful conditions, and in compliance with the license agreement, including copyrights.
A company must create and use a single account for all its Allplan workstations with the same Allplan ID. A wizYsmart account therefore represents a legal entity with a unique administrative registration number. Any subsidiary, independent agency, subcontractor or third-party company with a different number must create its own wizYsmart account and thus acquire the rights to use the paid products for its own use. Allplan trial licenses only allow the use of the products offered free of charge. Any other special features can be requested from Difraxis, which will then inform if the use is possible or not. If this is not possible, no compensation can be claimed.
The updates of wizYsmart Manager and products developed by Difraxis must be installed as soon as possible, either by the internal system of automatic update, or by downloading and installing files made available on the Difraxis website. Any security system, such as an antivirus, that removes or blocks files necessary for the proper operation of wizYsmart Manager must be correctly set to allow the intended operation of the application and products. Difraxis cannot be held responsible for malfunctions related to third-party software installed on the user’s computer.
The use of the content and services offered on wizYsmart Manager is exclusively limited to the specific needs. The user can not make the contents and services available to third parties, or publish or distribute them, for a purpose other than that mentioned above, whether in a commercial setting or free of charge.
In addition to these terms of use, the use of the content and services offered by Difraxis is also subject to legal regulations, in particular those on intellectual property. The user declares that it will not in any way violate the conditions of use and/or legal rights of third parties and/or Difraxis. The offenses committed by the user lead regularly to the withdrawal of the authorization of use; Difraxis reserves the right to initiate civil and criminal proceedings in case of violation of the law.
User activities to modify and/or render useless the contents and services of wizYsmart Manager, as well as those intended to prevent, hinder or delay the use of these contents and services, are prohibited and may be used subject to civil and criminal prosecution.
The user must compensate Difraxis for any damage, including indirect or economic, resulting from a violation of the aforementioned obligations or the rights of third parties. The user releases Difraxis responsibility for any third-party claims resulting from this violation.
3) RESPONSIBILITIES
Without prior notice and without further justification, Difraxis may prohibit access to the contents and services of wizYsmart Manager to any user who has violated these terms of use or who is the subject of reasonable suspicion.
Difraxis expressly reserves the right to remove content or services from wizYsmart Manager, temporarily or permanently, and does not guarantee in any way the maintenance of the content and services offered.
4) DATA SECURITY
Internet is a freely accessible public system. The transmission by a user of information concerning him via the Internet is done at his own risk.
Difraxis guarantees that within its systems, the information made available to it will be protected in accordance with the usual standards and the laws in force. Difraxis complies with the legal provisions relating to the protection of personal data. User data is treated confidentially. The privacy statement made by Difraxis for wizYsmart Manager applies.
5) RESTRICTIONS
The user uses wizYsmart Manager at his own risk. Difraxis accepts no liability for any damage resulting from the use of wizYsmart Manager and the contents and services offered; in particular, it does not guarantee the adequacy of the content and services made available with the objectives of the user. The user assumes full responsibility for the use he makes of the content and services made available to him.
Difraxis does not guarantee the continued availability of wizYsmart Manager and its contents and services, and declines any responsibility in the event of server downtime or any other event that compromises wholly or partially, temporarily or permanently the availability of wizYsmart Manager and its contents and services.
As far as possible, especially in case of definitive suspension of wizYsmart Manager and its contents and services for economic reasons, Difraxis will inform the user of the impending suspension of the service. The temporary or permanent suspension of the operation of wizYsmart Manager and its contents and services does not create any right of repair or any other right of the user with respect to Difraxis.
6) COPYRIGHT
Copyright in wizYsmart Manager and its contents and services and any part developed by Difraxis are the property of Difraxis. This refers to the present copy of this computer data, as well as any electronic file and documentation that accompanies it, in accordance with the license agreement validated during the installation of wizYsmart Manager and/or content and services offered by Difraxis.
7) NOTICES
Notifications to Difraxis should be sent to the address indicated on the Difraxis website under the heading "Imprint" or via the "
Contact" page.
difraxis
11 rue du Port de Vénasque
31750 Escalquens
Frankreich