Xsteel Training Course
Disclaimer
Copyright © 2000 by Tekla Corporation All rights reserved. No part of the contents of these Training Notes may be reproduced or transmitted in any form or by any means without the written permission of Tekla Corporation. Limitation of warranty and liability NOTICE: THE FOLLOWING LIMITED WARRANTIES APPLY ONLY TO THE CIRCUMSTANCES SET FORTH HEREIN. THERE ARE NO OTHER WARRANTIES,WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY PATENT TRADEMARK OR COPYRIGHT EXCEPT AS OTHERWISE HEREIN PROVIDED. Tekla Corporation (“Tekla”) warrants that its software products will perform on computer configurations approved by Tekla as described in this manual and other Tekla's documentation accompanying the relevant software so long as they are installed, implemented and operated in accordance therewith. Furthermore Tekla warrants that the instructions and information contained in this manual will, when applied by adequately qualified operators (or developers as the case may be), or where appropriate, qualified civil/structural engineers, result in the software performing substantially as described in the documentation accompanying the software. This warranty sets out Tekla’s entire liability to the customer, its employees, servants, agents and sub-contractors, including but not limited to, its liability in contract or tort and including any liability for the actions and omissions of Tekla’s employees, servants, agents and sub-contractors. Tekla does not exclude or limit the application of any warranty or condition implied by the relevant legislation which may not be excluded, restricted or modified by agreement. Tekla does not give any warranty in respect of third party software except that Tekla’s software is, to the extent referred to in this manual and other documentation accompanying the software product, compatible with third party software products. Neither does this warranty extend to any modifications or enhancements of Tekla’s software products made by other than Tekla. The results and performance of the software products due to modifications or enhancements including direct interfacing with Tekla’s software shall be the sole responsibility of the person making such modifications or enhancements. The Customer is not entitled to make any modification or alteration in or to the software without the prior written consent of Tekla. Tekla’s sole responsibility under this warranty shall be limited to correcting errors in or replacing Tekla’s software so that it performs substantially as specified in the documentation for such software products or correcting such errors in this manual that prevent the use of software. Tekla do not warrant that the software products will: 1.
Be suitable for use as intended by the customer
2.
Operate uninterrupted or error-free
3.
Interact with application packages other than those specified in the accompanying documentation and/this manual 4. Operate with hardware or hardware configurations other than those approved by Tekla.
Copyright Tekla Oyj 2000
Xsteel Training Course
Disclaimer
Except as expressly set out in this manual Tekla shall not be liable for: 1.
Misuse or negligent use and/or use by unqualified persons of the software products including failure to use the software products in accordance with accompanying manuals.
2. Loss or damage arising from any errors that may be contained in the text of this manual or other documentation accompanying the relevant software product, or of the operation of the software. 3. Indirect special or consequential damages (including loss of profits revenue or contracts) whether based on contract tort or any other legal theory. The foregoing limitation of liability shall not apply in the event that the software product is determined by a court of competent jurisdiction to be defective and to have directly caused bodily injury, death, or property damage provided that, to the extent permitted by law, Tekla’s liability shall in no event and for any damage exceed the license fee for the specific software that caused such damage. This warranty shall be null and void and of no effect unless and until the customer shall advise Tekla in writing of any and all claims based in whole or in part on warranty within ten days of the customer becoming aware of such claims. This warranty shall be interpreted pursuant to the laws of Finland. Trademarks Windows Nt is a trademark of Microsoft Corporation. Xsteel is a trademark of Tekla Corporation
Copyright Tekla Oyj 2000