Disclaimer

Please read through these conditions of use carefully.

These terms and conditions are a binding legal agreement ('Agreement') between you ('User') and Daikin Europe N.V. ('Daikin') concerning the use of Daikin Altherma Simulator software ('Software') and constitutes the complete agreement.

To use the Software you must agree to be bound by the terms and conditions of the conditions of use. If you do not agree with all these conditions of use, you may not use the Software in any manner.

Usage provisions

Subject to the terms and conditions of this Agreement, permission is granted to the User to use the Software to select the Daikin Altherma equipment and to simulate its use/results.

These conditions of use do not grant any right of re-distribution or use in any manner other than the above. In particular you are advised that the sale, lease, or rental of the Software in any form without written authority from Daikin is explicitly prohibited.

Copyright

Nothing in this Agreement shall give you any rights in respect of the intellectual property of Daikin and you acknowledge that you do not acquire any rights in respect of such intellectual property rights.

Disclaimer of warranty

This Software is provided on an 'AS IS' basis, without warranty of any kind - either express or implied, including but not limited to warranty of title and against infringement or implied warranties of merchantability or fitness for a particular purpose - is made in relation to the availability, accuracy, reliability or content of the Software.

This Software has inherent limitations including but not limited to design faults and programming bugs. The entire risk to the quality and performance of the Software is borne by you, and it is your responsibility to ensure that it does what you require it to do prior to using it for any purpose (other than testing it) and prior to the distribution.

No liability

When you use the Software you acknowledge and accept that you do so at your sole risk. You agree that under no circumstances you shall have any claim against Daikin or associated companies whether as employee, subcontractor, agent, representative, consultant, installer or otherwise for loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by you or any other party from any cause whatsoever, howsoever arising in connection with the use of the Software even where Daikin were aware or ought to have been aware of the potential of such loss. Damages referred to above include direct, indirect, general, special, incidental, punitive and/or consequential.

Indemnity

You indemnify Daikin and affiliated companies and hold them harmless against any claims which may arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by you or any other party whatsoever as a consequence of any act or omission of Daikin or affiliated companies, whether negligent or not, arising out of your use of the Software or from any cause whatsoever, howsoever arising in connection with the Software. These provisions are binding on your legal successors, administrators etc… .

Miscellaneous

Daikin reserves the right to modify from time to time the terms and conditions of the conditions of use at Daikin's own discretion and without prior announcement.

You are responsible for informing yourself of the conditions of use in force at the time of access and use of this Software.

Except where explicitly stated otherwise herein, if any provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

In such cases you agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intention of the invalid or unenforceable provision.

The validity and interpretation of this Agreement will be governed by the laws of Belgium and any claim arising out of the Agreement shall exclusively be brought for the Courts of Brussels.

Contact information

If you require any further information or have other questions, please contact us.

Daikin Europe n.v.
Zandvoordestraat 300
8400 Oostende – Belgium
www.daikineurope.com