1.1 MAY Gerätebau GmbH (hereinafter referred to as MAY) grants the authorised user (hereinafter referred to as CUSTOMER) the simple, non-transferable right to use the 3D models stored on MAY's website subject to the following conditions.
1.3 The Customer operates the download independently and on his own responsibility.
1.4 The use of the 3D models is voluntary and free of charge.
2 Object of use
2.1 The 3D models provided allow the CUSTOMER to visualise a personal terrace with MAY Parasols corresponding to his ideas on his own responsibility, to plan MAY Parasols tailored to his specific needs and subsequently to prepare an individual offer with regard to a possible purchase of MAY Parasols.
2.2 The customer alone is responsible for the correctness of the dimensions used and the resulting patio idea. In this respect, the corresponding 3D model is non-binding and does not replace a detailed measurement!
3 Protection of the 3D models/copyright/third party use
3.1 The 3D models are the property of MAY Gerätebau GmbH. The latter shall retain all rights to the models without prejudice to the rights of use granted under §§ 1 and 2.
3.2 The customer undertakes not to modify the 3D models, to develop them further, to create derived models or to extract parts of them.
3.3 The Customer undertakes not to make the 3D models accessible to third parties, either directly or indirectly, without the express written consent of MAY. This applies in particular to download offers on third party platforms.
4.1 The CUSTOMER accepts that it is not possible to constantly adapt this free offer to the continuously changing technical progress.
4.2 The CUSTOMER is aware that all decisions concerning the specific use case must be made by the user himself. Furthermore, the CLIENT is aware that the models may contain errors due to the inability to adapt to technical progress at short notice. In case of doubt, the CUSTOMER shall verify the correctness and functionality of the 3D models for his individual purposes in an appropriate manner.
4.3 The Customer shall bear the responsibility for the correct selection and the consequences of the use of the 3D models and the results intended or achieved therewith.
4.4 The warranty does not cover defects caused by deviation from the intended conditions of use.
4.5 MAY assures the CUSTOMER that the ideas developed by the CUSTOMER and transmitted to MAY for the purpose of placing an order will be treated confidentially and will only be made available to third parties after consultation with the CUSTOMER.
5 Limitations of liability
5.1 MAY shall be liable without limitation within the framework of the statutory provisions in each case for damage
- from injury to life, limb or health which are based on an intentional or negligent breach of duty or otherwise on intentional or negligent conduct on the part of MAY or one of its legal representatives or vicarious agents;
- due to the absence or omission of a warranted characteristic or in the event of non-compliance with a guarantee;
- which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct on the part of MAY or one of its legal representatives or vicarious agents.
5.2 MAY shall be liable, limited to compensation for the foreseeable damage typical of the contract, for such damage which is based on a slightly negligent breach of material obligations by MAY or one of its legal representatives or vicarious agents. Material obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may rely.
5.3 The above provisions shall also apply mutatis mutandis to MAY's liability with regard to the reimbursement of futile expenses.
5.4 Liability under the Product Liability Act remains unaffected.
6. period of use and termination
6.2 The CUSTOMER may terminate the application at any time and undertakes to delete the 3D models after termination of use.
7. jurisdiction agreement
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for a value in dispute up to and including € 5,000.00 shall be the Stuttgart Local Court, and for a value in dispute in excess of this the Stuttgart Regional Court or the court then currently having special jurisdiction for copyright disputes for the registered office of MAY.
8 Ancillary agreements
8.2 Should any provision of this contract be or become invalid in whole or in part, or should the contract contain a loophole, this shall not affect the legal validity of the remaining provisions of the contract.
MAY Gerätebau GmbH