All website design, text, graphics, the selection and
arrangement thereof, and all software compilations, underlying
source code, software (including applets) and all other material
on this website are copyright TriCad GmbH, or their content and
technology providers. ALL RIGHTS RESERVED.
Any use of materials on this website - including reproduction,
modification, distribution, or republication - without the prior
written permission of TriCad GmbH is strictly prohibited.
Certain links in this site connect to other websites maintained
by third parties over whom TriCad GmbH has no control. TriCad
GmbH makes no representations as to the accuracy or any other
aspect of information contained in other websites.
is a qualified software company that has been signalized by its
enormous productivity as well as its international affairs.
Since years our essential connections consists to our sister
company in Switzerland, and to the russian company Eurosoft.
Furthermore TriCad has very good business connections to
powerful national and international corporations in the USA,
China and other countries. Established and advised by
sophisticated specialists (a.o. by the founder of the mb
Software AG); The management is in the hands of Gunnar Mursch.
His prior aim is: offering outstanding quality for an excellent
Developing takes place in the area of CAD as
well as data bases. The newest product is the Software VA
HouseDesigner Professional Editon, an enormous product of the
very well known software ArCon (developed on behalf of Dipl.-Ing. B.
Mursch as chief executive officer at the mb Software AG).
Another software area is a powerful
data base application to
optimize and automate the editing and administrating of data. In
addition to the invoice date, the data base system can gather
all further processing. The administrating effort is minimized;
hence the competitiveness of the company will be improved. A
high performance finite elements Software will be introduced
Commitment to Data Privacy Protection
Protecting the security and privacy of your personal data is
important to TriCad; therefore, we conduct our business in
compliance with applicable laws on data privacy protection and
data security. We hope the policy outlined below will help you
understand what data TriCad may collect, how TriCad uses and
safeguards that data and with whom we may share it.
Through our Web sites, TriCad will not collect any personal data
about you (e.g. your name, address, telephone number or e-mail
address), unless you voluntarily choose to provide us with it
(e.g. by registration, survey), respectively, provide your
consent, or unless otherwise permitted by applicable laws and
regulations for the protection of your personal data.
Purpose of Use
When you do provide us with personal data, we usually use it to
respond to your inquiry, process your order or provide you
access to specific information or offers. Also, to support our
customer relationship with you: we may store and process
personal data and share it with our affiliates to better
understand your business needs and how we can improve our
products and services; or we (or a third party on our behalf)
may use personal data to contact you about a TriCad offer in
support of your business needs or to conduct online surveys to
understand better our customers' needs. If you choose not to
have your personal data used to support our customer
relationship (especially direct marketing or market research),
we will respect your choice. We do not sell or otherwise market
your personal data to third parties, except to TriCad
TriCad will collect, use or disclose personal data supplied by
you online only for the purposes disclosed to you, unless the
disclosure: is a use of the personal data for any additional
purpose that is directly related to the original purpose for
which the personal data was collected, is necessary to prepare,
negotiate and perform a contract with you, is required by law or
the competent governmental or judicial authorities, is necessary
to establish or preserve a legal claim or defense,
is necessary to prevent fraud or other illegal activities, such
as willful attacks on TriCad information technology systems.
Communications or Utilization Data
Through your use of telecommunications services to access our
Web site, your communications data (e.g. Internet protocol
address) or utilization data (e.g. information on the beginning,
end and extent of each access, and information on the
telecommunications services you accessed) are technically
generated and could conceivably relate to personal data. To the
extent that there is a compelling necessity, the collection,
processing and use of your communications or utilization data
will occur and will be performed in accordance with the
applicable data privacy protection legal framework.
Non-Personal Data Collected Automatically
When you access our Web sites, we may automatically (i.e., not
by registration) collect non-personal data (e.g. type of
Internet browser and operating system used, domain name of the
Web site from which you came, number of visits, average time
spent on the site, pages viewed). We may use this data and share
it with our worldwide affiliates to monitor the attractiveness
of our Web sites and improve their performance or content.
"Cookies" - Information Stored Automatically on your Computer
When you view one of our Web sites, we may store some data on
your computer in the form of a "cookie" to automatically
recognize your PC next time you visit. Cookies can help us in
many ways, for example, by allowing us to tailor a Web site to
better match your interests or to store your password to save
you having to re-enter it each time. If you do not wish to
receive cookies, please configure your Internet browser to erase
all cookies from your computer's hard drive, block all cookies
or to receive a warning before a cookie is stored.
TriCad will not knowingly collect personal data from children
without insisting that they seek prior parental consent if
required by applicable law. We will only use or disclose
personal data about a child to the extent permitted by law, to
seek parental consent pursuant to local law and regulations or
to protect a child. The definition of "child" or "children"
should take into account applicable laws as well as national and
regional cultural customs.
To protect your personal data against accidental or unlawful
destruction, loss or alteration and against unauthorized
disclosure or access, TriCad uses technical and organizational
Links to Other Web Sites
TriCad Web sites may contain links to other Web sites. TriCad is
not responsible for the privacy practices or the content of
other Web sites.
TriCad will respond to reasonable requests to review your
personal data and to correct, amend or delete any inaccuracies.
If you have any questions or comments about the TriCad Privacy
Policy (e.g. to review and update your personal data), please
feel free to contact us. As the Internet matures, so will our
this page. Please check this page regularly to keep up-to-date.
1.1 Any use of this web site provided by TriCad GmbH and/or its
affiliates ("TriCad"), "TriCad Web Site", is subject to these
replaced by other terms and conditions, e.g. for the purchase of
products and services. With log-in, or where a log-in is not
required, in accessing or using the TriCad Web Site these Terms
of Use are accepted in their then current version. These
conditions apply to all purchases of products (including,
without limitation, hardware and/or software) ("Products") which
are sold through this website.
1.2 If the User uses this TriCad Web Site as business customer,
i.e. that it is not acting for purposes which are outside its
trade, business or profession, or as administration customer, §
312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does
2. Services and instruction to right to revocation (only for
2.1 This TriCad Web Site contains specific information and
software, as well as - as the case may be - related
documentation, for viewing or downloading..
2.2 TriCad may stop the operation of the TriCad Web Site in full
or in part at any time. Due to the nature of the internet and
computer systems, TriCad cannot accept any liability for the
continuous availability of the TriCad Web Site.
2.3 Right to revocation: as a consumer, you will have a legal
"cooling off period" during which you may revoke your order for
any reason without statements of reasons. This period is up to
two weeks and commences not earlier than the delivery of this
instruction. In case of delivery of a physical product this
period starts with delivery of the product. The right to
revocation will be treated as exercised on the date of posting
the notice of revocation or the date of dispatching the returned
product. All revocation notices must be in textform (e.g. mail,
fax, e-mail) and have to be adressed to:
TriCad GmbH, Saatwinkler Damm 42 a, 13627 Berlin, Deutschland
2.4 Please note: You have no right to revocation
2.4.1 Where you order audio records or video records or
software, where you have unsealed the software.
2.4.2 Where you order bespoke or customised products made
specifically to your order or your needs or can not be returned
because of their nature, e.g. download products.
2.5 Legal consequences: if you exercise the above right to
revocation, you are required to reimburse your prepayments
including fruits thereof (e.g. interests). If you are not able
to return the products or if the products are defective, you are
required to pay compensation. This does not apply to products,
which deterioration is due solely to the inspection of the
products - like you would do it in shops. You may prevent
yourself from having to pay compensation for damaged products,
if you do not make use of the products in your possession and if
you take reasonable care of the products in your possession. You
have to bear the costs of returning the products, unless your
order has a value of more than 40 EUR. In case your order has a
value of more than 40 EUR, we will only bear the costs of
returning the products, if you had already made payment or part
contractual part payments by the time of revocation. Where wrong
products were delivered to you, we will bear the costs of
returning the products regardless of the value of your order.
Any compensation payments for damaged products have to be made
by you within 30 days after you have given your declaration of
revocation. The product must be returned to the return adress
stated on the delivery note that was accompanied with the
2.6 Please note: such right to revocation, where you order
services, terminates if those services xommence with your
agreement before the cooling off period expires (e.g. download
If you require more information on your rights, contact our
customer support team
3. Registration, Password
3.1 Some pages of the TriCad Web Site may be password protected.
In the interest of safety and security of the business
transactions, only registered Users may access said pages.
TriCad reserves the right to deny registration to any User.
TriCad particularly reserves the right to determine certain
sites, which were previously freely accessible, subject to
registration. TriCad is entitled, at any time and without
obligation to give reasons, to deny the User the right to access
the password-protected area by blocking its User Data (as
defined below), in particular if the User uses false data for
neglects its duty of care with regard to User Data; violates any
applicable laws in the access to or use of the TriCad Web Site;
or did not use the TriCad Web Site for a longer period.
3.2 For registration the User shall give accurate information
and, where such information changes over time, update such
information (to the extent possible: online) without undue
delay. The User shall ensure, that its e-mail address, as
supplied to TriCad, is current at all times and an address at
which the User can be contacted.
3.3 Upon registration the User will be provided with an access
code, comprising a User ID and a password ("User Data"). On
first access the User shall promptly change the password
received from TriCad into a password known only to the User. The
User Data allows the User to view or change its data or, as
applicable, to withdraw its consent to data processing.
3.4 The User shall ensure that User Data is not accessible by
third parties and is liable for all transactions and other
activities carried out under its User Data. At the end of each
online session, the User shall log-off from the password
protected websites. If and to the extent the User becomes aware
that third parties are misusing its User Data the User shall
notify TriCad thereof without undue delay in writing, or, as the
case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, TriCad will
deny access to the password-protected area under such User Data.
Access by the User will only be possible again upon the User's
application to TriCad or upon new registration.
3.6 The User may at any time request termination of its
registration in writing, provided that the deletion will not
violate the proper performance of contractual relationships. In
such event TriCad will remove all user data and other stored
personally identifiable data of the User as soon as these data
is no longer needed.
4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made
available on or via this TriCad Web Site is subject to these
documentation, subject to the applicable license terms
previously agreed to with TriCad. Separately agreed to license
4.2 TriCad grants User a non-exclusive and non-transferable
license, which may not be sublicensed, to use the information,
software and documentation made available to the User on or via
the TriCad Web Site to the extent agreed, or in the event of no
such agreement to the extent of the purpose intended by TriCad
in making same available.
4.3 Software shall be made available at no expense in object
code. There shall be no right for the source code to be made
available. This shall not apply to source code related to open
source software, which license conditions take priority over
software and which conditions require the making available of
the source code. In such case TriCad shall make the source code
available in return for the payment of costs.
4.4 Information, software and documentation may not be
distributed by the User to any third party at any time nor may
it be rented or in any other way made available. Unless such is
allowed by mandatory law, the User shall not modify the software
or documentation nor shall it disassemble, reverse engineer or
decompile the software or separate any part thereof. The User
may make one backup copy of the software where necessary to
4.5 The information, software and documentation are protected by
copyright laws as well as international copyright treaties as
well as other laws and conventions related to intellectual
property. The User shall observe such laws and in particular
shall not modify, conceal or remove any alphanumeric code, marks
or copyright notices neither from the information nor from the
software or documentation, or any copies thereof.
4.6 §§ 69a et seq. of the German Copyright Law shall not be
5. Intellectual Property
5.1 Notwithstanding the particular provisions in § 4 of these
TriCad Web Site may not be changed, copied, reproduced, sold,
rented, used, supplemented or otherwise used in any other way
without the prior written permission of TriCad.
5.2 Except for the rights of use and other rights expressly
granted herein, no other rights are granted to the User nor
shall any obligation be implied requiring the grant of further
rights. Any and all patent rights and licenses are expressly
6. Duties of the User
6.1 In accessing or using the TriCad Web Site the User shall not
harm other persons, in particular minors, or infringe their
breach public morality in its manner of use;
violate any intellectual property right or any other proprietary
upload any contents containing a virus, so-called Trojan Horse,
or any other program that could damage data;
transmit, store or upload hyperlinks or contents to which the
User is not entitled, in particular in cases where such
hyperlinks or contents are in breach of confidentiality
obligations or unlawful; or
distribute advertising or unsolicited e-mails (so-called "spam")
or inaccurate warnings of viruses, defects or similar material
and the User shall not solicit or request the participation in
any lottery, snowball system, chain letter, pyramid game or
6.2 TriCad may deny access to the TriCad Web Site at any time,
in particular if the User breaches any obligation arising from
The TriCad Web Site may contain hyperlinks to the web pages of
third parties. TriCad shall have no liability for the contents
of such web pages and does not make representations about or
endorse such web pages or their contents as its own, as TriCad
does not control the information on such web pages and is not
responsible for the contents and information given thereon. The
use of such web pages shall be at the sole risk of the User.
8. Liability for defects of title or quality
8.1 Insofar as any information, software or documentation is
made available at no cost, any liability for defects as to
quality or title of the information, software and documentation
especially in relation to the correctness or absence of defects
or the absence of claims or third party rights or in relation to
completeness and/or fitness for purpose are excluded except for
cases involving willful misconduct or fraud.
8.2 The information on the TriCad Web Site may contain
specifications or general descriptions related to the technical
possibilities of individual products which may not be available
in certain cases (e.g. due to product changes). The required
performance of the product shall therefore be mutually agreed in
each case at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of TriCad for defects in relation to quality
and title shall be determined in accordance with the provisions
excluded unless required by law, e.g. under the Act on Product
Liability or in cases of willful misconduct, gross negligence,
personal injury or death, failure to meet guaranteed
characteristics, fraudulent concealment of a defect or in case
of breach of fundamental contractual obligations. The damages in
case of breach of fundamental contractual obligations is limited
to the contract-typical, foreseeable damage if there is no
willful misconduct or gross negligence.
9.2 Although TriCad makes every endeavor to keep the TriCad Web
Site free from viruses, TriCad cannot make any guarantee that it
is virusfree. The User shall, for its own protection, take the
necessary steps to ensure appropriate security measures and
shall utilize a virus scanner before downloading any
information, software or documentation.
9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the
burden of proof to the User's disadvantage.
10. Export Controls
10.1 The export of certain information, software and
documentation may, e.g. due to its nature or intended use or
final destination, be subject to authorization. The User shall
strictly conform with the export regulations for information,
software and documentation, in particular with those of the EU
as well as the individual EU member states and the USA. TriCad
shall label information, software and documentation in relation
to German and EU export control lists and U.S. Commerce Control
10.2 The User shall particularly check and verify that the
information, software and documentation shall not be used for
any purpose related to armaments, nuclear technology or weapons.
10.3 Upon request TriCad shall inform the User of the relevant
contact points for further information.
11. Data Privacy Protection
For collection, use and processing of personally identifiable
data of the User of the TriCad Web Site, TriCad shall comply
with applicable laws on data privacy protection and the TriCad
12. Supplementary Agreements, Place of Jurisdiction,
12.1 Any supplementary agreement requires the written form.
12.2 The place of jurisdiction shall be Berlin if the User is a
merchant in terms of the German Commercial Code (Handelsgesetzbuch).
12.3 The individual pages of the TriCad Web Site are operated
and administered by TriCad GmbH and/or its affiliates. The pages
comply with the law applicable in the country where the
responsible company has its business residence. TriCad makes no
representation that information, software and/or documentation
on the TriCad Web Site are appropriate or available for viewing
or downloading at locations outside such country. If Users
access TriCad Web Site from outside such country, they are
exclusively responsible for compliance with all applicable local
laws. Access to TriCad Web Site's information, software and/or
documentation from countries where such content is unlawful is
prohibited. In this case and where User seeks to do business
with TriCad, the User should contact the TriCad representative
for the particular country for country specific business.
subject matter shall be resolved in accordance with - the laws
of Germany, to the exclusion of its conflict of laws rules. The
application of the United Nations Convention on Contracts for
the International Sales of Goods (CISG) of 11 April 1980 is