Imprint

Publisher

Minimax GmbH
Technologies Business Area
Industriestrasse 10/12
23840 Bad Oldesloe
Germany

Phone: +49 (0) 4531 - 803 0
Fax: +49 (0) 4531 - 803 248

Terms & Conditions for DesignManager

(“Terms”)

§ 1 Intended Use, Functionality and Scope of Services

(1) The software DesignManager (hereinafter “DM”), created by the manufacturer Minimax-Viking GmbH (“MV”), is intended exclusively to serve as an engineering calculation tool intended to estimate agent discharge characteristics in fire extinguishing systems, including but not limited to discharge time, discharged agent mass and pressure profiles. (hereinafter “Intended Use”).

(2) DM provides analytic results based on predefined models, assumptions and User input.

(3) The integrated predefined models are based on the results of discharge tests and have been validated and confirmed by approval authorities. The accuracy relies entirely on correct User-provided data.

(4) The User, any individual engaging with DM through any platform online or offline (“User”), is obligated to use DM exclusively in accordance with the guidelines in the documentation Design-, Installation-, Maintenance-, Operation- manuals, technical bulletins, product datasheets, the system approvals (e.g FM, VdS, UL, …) and design standards (e.g. NFPA 2001, ISO 14520, EN 15004, VdS 2380/2381, …). Use outside the specifications or for other purposes is prohibited. Fire extinguishing system work is life-safety critical and must be performed or reviewed by qualified professionals under the adopted standard and AHJ requirements (“Review”). The User is obligated to execute this Review or employ specialists to ensure the compliance with this obligation.

§ 2 NO WARRANTIES

(1) MV PROVIDES ITS SERVICES “AS IS.” TO THE EXTENT NOT PROHIBITED BY LAW, MV, ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, BY LAW OR OTHERWISE) WITH RESPECT TO THE SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND UNINTERRUPTED USE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PRACTICE. MV DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, THAT THEY WILL BE ACCURATE OR ERROR-FREE, OR THAT THE CONTENT WILL BE SECURE OR WILL NOT BE LOST OR ALTERED.

(2) THE USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE DM’S OUTPUTS (RESULTS, REPORTS, CONTROL FILES, DATA EXPORTS, WORKPIECES, OR OTHER OUTPUTS RESULTING FROM THE USE OF DM, HEREINAFTER “OUTPUTS”) IS AT THE USER’S OWN RISK AND THAT THE USER WILL NOT RELY ON THE OUTPUTS AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

§ 3 DISCLAIMER OF LIABILITY

(1) NEITHER MV NOR ITS AFFILIATES ASSUME, AS FAR AS IS LEGALLY PERMISSIBLE, LIABILITY OR WARRANTY FOR DAMAGES, DEFECTS, MALFUNCTIONS, OR LOSSES RESULTING FROM IMPROPER, INAPPROPRIATE, ERRONEOUS, OR UNAUTHORIZED USE OF DM BY THE USER OR THIRD PARTIES (“IMPROPER USE”). SPECIFICALLY, DM DOES NOT LEGALLY ENSURE COMPLIANCE WITH INSURANCE REGULATIONS OR ANY STANDARDS SUCH AS, BUT NOT LIMITED TO, ISO, EN, NFPA OR LOCAL BUILDING AND SAFETY CODES.

(2) IMPROPER USE INCLUDES IN PARTICULAR BUT NOT LIMITED TO

a. ENTERING OR PROCESSING INCORRECT, INCOMPLETE, OR UNSUITABLE DATA RECORDS, UNAUTHORIZED MODIFICATIONS, CHANGES TO THE SOURCE CODE, OR DECOMPILATION OF THE SOFTWARE, FAILURE TO FOLLOW THE PROCESS STEPS, SECURITY RULES, OR VALIDATION ROUTINES SPECIFIED IN THE MANUAL AND/OR

b. ASSESSING, VERIFYING OR VALIDATING THE MECHANICAL SUITABILITY, STRUCTURAL INTEGRITY OR PRESSURE RESISTANCE OF COMPONENTS, SUCH AS PIPING SYSTEMS, OR ENCLOSURES SUBJECTED TO AGENT DISCHARGE. THIS INCLUDES, BUT NOT LIMITED TO, THE EVALUATION OF WALL THICKNESS, MATERIAL STRENGTH, JOINT INTEGRITY OR THE ABILITY OF THE SYSTEM TO WITHSTAND DYNAMIC OR PEAK DISCHARGE LOADS.

(3) NEITHER MV NOR ITS AFFILIATES ASSUME, AS FAR AS IS LEGALLY PERMISSIBLE, LIABILITY FOR THE ACCURACY, COMPLETENESS, FREEDOM FROM DEFECTS, COMPLIANCE WITH REGULATIONS (E.G. INSURANCE) OR SUITABILITY FOR USE OF DM’S OUTPUTS THAT WERE GENERATED OR PRODUCED BY OR THROUGH IMPROPER USE.

(4) THEREFORE, THE USER BEARS SOLE RESPONSIBILITY FOR THE VERIFICATION, VALIDATION, AND QUALITY CONTROL OF ALL OUTPUTS GENERATED USING DM PRIOR TO THEIR USE, FURTHER PROCESSING, PLACING ON THE MARKET, OR SALE. THE OUTPUTS MUST NOT TO BE TREATED AS ENGINEERING EXPERT ADVICE BUT THE RESPONSIBILITY REMAINS WITH THE RESPECTIVE USER OF DM. THE OUTPUTS SERVE AS AIDS FOR DESIGNS AND SIZING, NOT AS A CERTIFIED FINAL ENGINEERING RESULT.

(5) IF THE FURTHER PROCESSING OR USE OF OUTPUTS RESULTING FROM AN IMPROPER USE OF DM CAUSES DAMAGE TO THE USER OR THIRD PARTIES, THE USER SHALL INDEMNIFY MV INTERNALLY AGAINST ALL RELATED CLAIMS BY THIRD PARTIES IN CASE SUCH PARTIES ASSERT CLAIMS AGAINST MV.

(6)NEITHER MV OR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF MV OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

§ 4 STATUTORY MINIMUM LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO THE USER, AND THE USER MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT MV’S OR ITS AFFILIATES RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN THE USER’S COUNTRY OF RESIDENCE.

§ 5 Miscellaneous

(1) This disclaimer is governed by German law. The application of UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The User and MV agree to resolve any claims by way of mandatory mediation arising out of or relating to these Terms, regardless of when the claim arose, even if it was before these Terms existed, through final and binding arbitration.

(3) In case of any dispute that cannot be solved within 6 months by mediation in accordance with § 5 sec. 2, place of jurisdiction shall be Lübeck, Germany.

(4) Should individual provisions of this Disclaimer be or become invalid, the validity of the remaining provisions shall not be affected thereby. In this case, MV is obliged to replace the invalid provisions with such provisions that come as close as possible to the economically intended purpose, taking into account the principles of good faith.

Managing Directors

Jan Weimann (Chairman), Silke Ahrns, André Lickefett, Bogdan Schmidtschek

Chairman of the Supervisory Board:

Dr. Volker Bechtloff

Minimax GmbH

Company's registered office: Bad Oldesloe
Lübeck Local Court
HRB 21622 HL
VAT ID no.: DE 30 293 00827