GOM - Optical Measuring Techniques

Issued in April 2016

Terms of Use for GOM Inspect (Freeware)

Please read the following Terms of Use carefully. By installing "GOM Inspect", you expressly agree to accept and be bound by all of the terms of this Agreement. If you do not accept these provisions, you must not install or use "GOM Inspect" or pass it on to a third party.

§ 1 Subject-Matter of the Agreement

1. The subject-matter of this Agreement is the freeware "GOM Inspect" (hereinafter referred to as the Freeware).

2. GOM Inspect is a free 3D inspection and mesh processing software for dimensional analysis of 3D point clouds and a viewer for data sets from other GOM Software applications.

3. There is no charge for the download, acquisition or use of the Freeware. By installing the Freeware and agreeing to these Terms of Use, the User concludes an agreement with GOM in respect of the use of the Freeware. The relationship between GOM and the User is governed exclusively by these Terms of Use. No other terms or conditions will become part of this Agreement irrespective of whether or not GOM has expressly rejected them.

4. The User will only receive the Freeware in executable form. GOM will not supply its source code.

5. The User may only use the Freeware on hardware which satisfies the minimum specifications and is running one of the specified operating systems.

§ 2 Rights of Use

1. This Freeware is protected by copyright. GOM is entitled to the exclusive rights in the copyrighted Freeware. This applies in particular to the program code, appearance, documentation, texts, images, program names and logos.

2. GOM grants the User the non-exclusive right to use the Freeware in perpetuity without charge. This applies to the use of the Freeware for private as well as business purposes.

3. The User may make multiple copies of the Freeware for his own personal use. This also includes loading, displaying, running, transferring or saving the Freeware if making a copy of it is needed for this purpose.

§ 3 Passing On and Publication

1. The User may pass on the Freeware or allow a third party to use it without charge on the condition that the User supplies the third party with the not modified Freeware as original file together with any other files that belong to the Freeware including a copy of these Terms of Use.

2. The User may only pass the Freeware on to a third party without charge. The passing on of the Freeware for a fee is expressly prohibited.

3. The User is prohibited from making the Freeware available for download from the Internet.

4. The User is also prohibited from passing on the Freeware in conjunction with other products without charge.

5. The User undertakes to observe the (re) export control regulations of the Federal Republic of Germany, the European Union, Great Britain and the United States of America.

§ 4 Decompilation and Alterations to the Program

1. The User is not permitted to translate the program code into other code forms (decompiling) or to use other software engineering methods to recreate developmental stages of the Freeware (reverse engineering).

2. If the User is allowed to make reverse engineering or decompilation due to mandatory legislation to achieve full functionality or interoperability with other software programs, the user has to inform GOM in advance on the nature and scope of the intended actions. These actions are restricted to the User's personal use. Personal use within the meaning of this provision includes in particular the User's private use. Personal use also includes use for professional or income-related purposes if such use is restricted to use by the User or his employees and does not have as its object commercial exploitation of any kind at the public level.

3. The User is prohibited from removing or changing any copyright notices, serial numbers or any other features or marks which serve to identify the program; the same applies for any suppression of the display of such identifiers on the screen.

§ 5 Warranty / Liability

1. The functionality of the Freeware has been tested. Furthermore, it has been checked to verify that it is free of viruses. GOM is providing Freeware (free software). The following provisions severely limit GOM's liability for the Freeware in comparison with its liability for software for which it charges a fee.

2. The liability of GOM, its agents and its authorized representatives in the event that the Freeware has any defects (defects in quality and defects in title) is limited to cases of willful misconduct and fraudulent intent.

3. The limits on liability in subsection 2 above also apply to liability for consequential damage.

4. Otherwise, GOM, its agents and its authorized representatives are only liable for willful misconduct and gross negligence.

5. GOM’s liability for lost data is limited to the reasonable expenses necessary for recovering the data which would also have been incurred if regular backups of the data had been made.

6. Where any claim for damages for a breach of duty resulting in loss of life, bodily injury or illness is asserted against GOM or one of its authorized representatives or agents, GOM's liability will be similarly limited to cases of willful misconduct or gross negligence if the breach is connected with the Freeware. In all other cases, GOM's liability for damage will be unlimited.

7. GOM's liability pursuant to the Product Liability Act remains unaffected (section 14 of the Product Liability Act (Produkthaftungsgesetz - ProdHG)).

§ 6 Choice of Law

The law of the Federal Republic of Germany will govern all legal relationships arising from the Parties' contractual relationship.

§ 7 Jurisdiction

The courts of Braunschweig will have jurisdiction for all disputes arising within the context of this Agreement where the User is a merchant within the meaning of the Commercial Code (Handelsgesetzbuch - HGB), a legal person under public law or a special fund under public law.