Terms and conditions

5 RIGHTS AND OBLIGATIONS OF THE USER
5.1 Right to be forgotten and GIM does not pass on personal and project data to third parties, other than the User’s use of third party data.
5.2 The User has no right to use the softwareGIMchange and/or remove protections.
5.3 The User is not authorized to use the products ofGIM commercialize, rent, loan, sell, sublicense or otherwise transfer to any third party, in whole or in part, its Licenses, the information obtainable therefrom and all other rights granted hereunder without the prior written permission fromGIM.
5.4 The User is responsible for any use and dissemination, with or without his consent, of the data added by the User within the scope of copyright and confidentiality imposed by the author or his representatives. GIM cannot be held liable under any circumstances for any breach of copyright or confidentiality.
5.5 The User is responsible for keeping the original data. The data received and stored by GIM cannot be more than a replaceable copy of the original. If the save copy of GIM will be lost in any way GIM primarily try, within reasonable limits, to restore the original situation, and only if this is unsuccessful or not sufficiently successful will GIM ask the User to share the original again.
5.6 If the User believes that the security of the data provided by GIM offered is insufficient, he must ensure that the functionality of GIM crypt is activated within the project. GIM warrants that the use of GIM crypt makes it impossible for everyone, including the employees of GIM, to view the data, provided that the User has stored the corresponding key in a sufficiently secure manner. It is then the responsibility of the User to keep the provided key safe. If the key is lost or damaged in any way, the CAD data to which it belongs may be considered irretrievably lost.
5.7 The User shall in no way infringe the intellectual property rights of GIM.
5.8 If and to the extent GIM makes third-party software available to the User, provided that GIM has communicated this to the User in written or electronic form, the terms and conditions of those third parties will apply to that software, with the exception of the provisions between GIM and the User. The User accepts the intended conditions of third parties. If and insofar as the aforementioned terms and conditions of third parties in the relationship between the User and GIM are deemed inapplicable or declared inapplicable for any reason whatsoever, the provisions between GIM and the User apply.
5.9 To access and use GIM products, any auxiliary applications must be installed by the User. The use of auxiliary applications provided by third parties (other than GIM) may be subject to additional (licensing) terms (of third parties) in addition to these Terms and Conditions. GIM cannot guarantee the suitability for specific purposes, functionality or usability of these Help Applications.
5.10 When using GIM products, the User guarantees in any case that he will comply with the following regulations, insofar as relevant:
a) The User will not perform any actions that cause malfunctions in GIM products, (computer) networks or (telecommunication) infrastructures (of other Users) or cause nuisance, limited use or unexpected use (for other Users) in relation to such matters. If electronic communication traffic is hindered by the use of GIM products or connected (peripheral) equipment of the User, the User is obliged to follow the reasonable instructions provided by GIM Be given;
b) The User shall not perform or omit acts which he knows or should reasonably have known would lead to a use of the GIM products that are punishable or unlawful against GIM and/or third parties;
c) The User is responsible for ensuring that the hardware and software it uses meet the current minimum system requirements set by GIM have been published;
d) The User will ensure the protection of its (peripheral) equipment, software, telecommunication infrastructure and internet connection against viruses, computer crime and unlawful use by third parties;
e) The User will not distribute (computer) viruses or other files that affect the (correct functioning of the)GIM products can be damaged;
f) The User will not send unsolicited large quantities of messages with the same or similar content (spam) via the infrastructure of GIM;
g) The User will not (misleadingly) impersonate another person, for example by using an address with which he identifies himself as the sender of a particular message on behalf of a third party without his consent;
h) The User will not publish or distribute racist or discriminatory material and/or (child) pornography. Distribution also includes placing on or distributing via the infrastructure of GIM;
i) The User will intentionally and without permission enter into a computer system or part thereof (hacking) without the permission of the owner or manager;

6 LIABILITY
6.1GIMand the certified GIM reseller are not liable for any damage resulting directly or indirectly from the use of the GIM products and the resulting information.
6.2GIMand the certified GIM reseller do not accept any liability for the accuracy of the data stated in GIM transfer.
6.3GIMand the certified GIM reseller cannot be held liable in any way for the results obtained from the use of the GIM-Products.
6.4GIMand the certified GIM reseller cannot be held liable in any way for direct or indirect damage suffered by the User or third parties as a result of the use of the GIM products, nor as a result of any defect, imperfection or incorrect application.

7 CONFIDENTIALITY
7.1 The parties shall observe confidentiality with regard to data and information obtained during the performance of the Agreement. Information or data that are included in GIM transfer and that are expressly aimed at the publication of data or information may pass
GIM are published and fall outside the scope of confidentiality.
7.2 In order to further optimize the operation of GIM transfer, your user profile is recorded when using GIM transfer. This profile contains information about the operation of GIM products on your computer. GIM guarantees that the relationship between this data and your company and/or person within your company will not be made available to third parties and/or used for commercial purposes other than informing the Project Leader about the data used by the User and his identity.
7.3 In the event of a dispute over ownership or copyright of data within the GIM products will GIM in form the government or authorities of all parties involved about what GIM is known on this subject, provided that an official request is made by the government or authorities of all parties involved.

8 COPYRIGHT
The ownership and copyright in the functionality and operation of the GIM products remain in possession of GIM. Ownership and copyright of the data provided by the User GIM remain with the User or with the third party or third parties where it originally lay. The User who submits this data GIM

is responsible for its distribution and all subsequent distribution resulting therefrom, and must obtain necessary permission from the original title or copyright holder. GIM is in no way a party to this communication or responsibility.

9 SUSPENSION
9.1GIMcan take the projects and/or users out of use if there is a serious suspicion that they are being used in violation of the provisions of this user agreement. Prior to this, the User is by GIM or certified GIM reseller has been notified of this possible decommissioning.
9.2 Seven days after a prior reminder or notice of default GIM entitled to access GIM deactivate products in whole or in part if the User does not comply with any obligation under the Agreement. The aforementioned reminder or notice of default will be sent via GIM or the certified GIM reseller are addressed to the User with a request to take prompt action.

10 BILLING
10.1 Billing of the GIM services are done by GIM or the certified GIM reseller. The payment term of the invoice is 30 days.
10.2 Payment of the amounts due is made to GIM or the certified GIM reseller.

11 GENERAL PROVISIONS
11.1 This agreement is governed by international and Dutch law. This Agreement constitutes the entire agreement between the parties and supersedes all other communications, commercials or advertisements related to GIM.
11.2 If any part of this agreement should be void for reasons of conflict with the law, the current agreement will otherwise remain in force and the parties are obliged to consult with each other to replace the part that is contrary to the law with a further agreement that approaches as closely as possible what was originally intended in this agreement.
11.3 The language of this Agreement (English) shall be legally binding in the event of any inconsistency between this English version and any translations.