PB calc & consult bv
Fruithoflaan 122/91 – B-2600 Berchem
mobile +32 (0)498 91 98 96
mail pbo@bouwdata.net
www.bouwdata.net

BouwData© and Datapool Element clusters
General conditions of licensing

PB calc & consult bv is a company, active as a data developer and consultant in the construction sector, which has developed a claculation system, working method and database called ‘BouwData©’ for use in trade and industry, which is protected by copyright and as a database.

BouwData© is an calculation system, working method and database, based on existing standards from Belgium, the Netherlands, Denmark, UK, US,… to control costs, communication flow and quality throughout all project phases (from feasibility study over design and execution to use).

The licensee is any person who leaves their details on the BouwData.net website with the intent to accessing BouwData© and the associated Datapool Element Clusters.
PB calc & consult bv provides the licensee with a non-exclusive and non-transferable right to use BouwData© and the associated Datapool Element Clusters. BouwData© and the associated Datapool Element Clusters are therefore not sold but licensed to the licensee.

The licensee acquires the right to use BouwData© and the associated Datapool Element Clusters ‘as is’, i.e. as it exists on the date of leaving his/her contact details and data on BouwData.net. The licensee knows and accepts that the BouwData© and associated Datapool Element Clusters is a calculation system, working method and database subject to changes and adaptations.

The licensee gets access to BouwData.net within 24h after leaving his contact details on BouwData.net and during one calendar month a free login to the Datapool Element Clusters, starting from the moment PB calc & consult bv creates the login.
After expiry of that month, access to the Datapool Element Clusters will be closed until a paying agreement has been concluded and the corresponding invoice has been paid.
To the maximum extent permitted by mandatory law or public order, PB calc & consult bv cannot be held liable for any special, incidental, indirect or consequential damages (including but not limited to loss of profit, loss of confidential or other information, …. ) arising from the use of or inability to use BouwData© and the associated Element Clusters Datapool, even in the event of gross negligence on the part of PB calc & consult bv, in the event of an unlawful act on the part of PB calc & consult bv (including negligence that is not intentional), in the event of non-compliance with the agreement or the warranty in particular, even if PB calc & consult bv has been served with a formal notice.

Should PB calc & consult bv incur any liability, this shall always be capped at the price paid by the licensee or the amount paid out by its liability insurer, whichever at the discretion of PB calc & consult bv.

All intellectual property rights to BouwData© and the accompanying Datapool Element Clusters (including the accompanying manual and documentation in whatever form) belong to PB calc & consult bv; the licensee only acquires a personal, non-exclusive and non-transferable right of use for 1 user. The licensee is not allowed to use a single-user licence on different devices at the same time and/or assign it to different users.
The licensee can only use BouwData© and the associated Datapool Element Clusters for internal use and cannot make them available to third parties in any way, directly or indirectly, for a fee or free of charge.

Licensee is prohibited from copying the working method, calculation system and database except for backup and archiving purposes.

The licensee is prohibited from editing, arranging or otherwise changing BouwData© and the associated Datapool Element Clusters or isolating parts of them without the prior written consent of PB calc & consult bv.

All parties undertake to perform the obligations arising from this agreement in good faith and in accordance with the spirit of the agreement.

These general terms and conditions may not be amended.

The possible nullity or unenforceability of one of the provisions of this agreement or part thereof shall not affect the validity and enforceability of the remaining provisions.
The present agreement general terms and conditions are subject to the rules of Belgian law. Any dispute that might arise regarding its validity, application, execution or interpretation shall fall under the exclusive jurisdiction of the courts belonging to the judicial district of Antwerp.

BouwData ©

Fruithoflaan 122/91
B-2600 Berchem
+32 (0)498 91 98 96

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