Terms and Conditions

SEPM

Software Engineering & Project Management

These Terms and Conditions ("Terms") govern the use of software products, websites, online services and related services provided by:

• SEPM — Software Engineering & Project Management
• Robert Schweikert
• Gerliswilstrasse 42
• CH-6020 Emmenbrücke
• Switzerland
• Website: https://www.sepm.ch
• Email: info@sepm.ch

Hereinafter referred to as "SEPM".

SEPM provides its products and services exclusively to businesses, professional users, public institutions, educational institutions and other organisations acting in a professional capacity.

SEPM does not currently offer online subscriptions or software licences to private consumers acting outside their professional or business activities.

By registering an organisation or purchasing a product or subscription, the purchaser confirms that they are authorised to act on behalf of the organisation and to accept these Terms.

SEPM may refuse or cancel orders that do not meet these requirements.

By creating a mySEPM account, registering an organisation, downloading software or purchasing a subscription, the user agrees to the applicable provisions of these Terms.

Before completing a paid online order, the purchaser must expressly accept these Terms.

A binding purchase agreement is concluded when SEPM accepts or confirms the order, including by electronic confirmation or activation of the purchased subscription.

Individually negotiated written agreements, including existing SEPM Master Agreements, reseller agreements, maintenance agreements and project contracts, remain valid.

SEPM grants the customer a non-exclusive, non-transferable right to use the licensed software and associated documentation within the scope of the purchased or otherwise granted licence.

The software is licensed, not sold. Ownership of the software, source code and associated intellectual property remains with SEPM or the respective rights holders.

All intellectual property rights in SEPM software, product names, documentation, interfaces, designs and associated materials remain with SEPM or their respective owners.

No rights are transferred to the customer beyond the expressly granted licence.

The customer is not entitled to access to or delivery of source code unless separately agreed.

SEPM products may contain or depend on third-party software, libraries, services or open-source components.

These components may be subject to separate licensing conditions.

The applicable product documentation or distribution package identifies relevant dependencies and licensing information where required.

The functionality of each SEPM product is described in its product documentation and release-specific specifications.

Supported software versions, operating systems, file formats, databases and external applications may vary between releases.

Product demonstrations, previews, roadmaps and descriptions of planned functionality do not constitute a commitment to deliver specific future features unless separately agreed.

The new SEPM X-Translator uses a named-user subscription model.

Each subscription grants the right to use the applicable software for the number of named users covered by the subscription.

User assignments and licence activation are managed through mySEPM.

Unless otherwise stated, the subscription does not include a perpetual licence to use the software after the subscription has expired or been terminated.

Subscription periods, renewal conditions and cancellation arrangements are specified in the applicable subscription offer and order confirmation.

For monthly subscriptions, the applicable billing period is one month unless otherwise agreed.

Where automatic renewal applies, it must be disclosed during checkout or in the applicable order confirmation.

Customers may manage their subscriptions through mySEPM, subject to the conditions of the purchased subscription.

Upon expiry or termination of a subscription, the customer's right to use the corresponding subscription-based software ends.

SEPM may disable the associated licence entitlement and access to subscription-dependent services.

Termination does not affect payment obligations already incurred or rights and obligations that are intended to survive termination.

Where supported, customers may generate offline licences for authorised users or installations.

Offline licences may be tied to a specific user or machine and remain subject to the applicable subscription period and licensing restrictions.

SEPM makes reasonable efforts to maintain the availability and security of its online services.

However, uninterrupted or error-free availability is not guaranteed.

SEPM may temporarily restrict access for maintenance, security updates, technical improvements or other operational reasons.

Applicable prices are displayed on the SEPM website, in mySEPM, in the SEPM Price List or in an individual quotation.

Unless otherwise stated, prices exclude applicable value-added taxes, withholding taxes and other government charges.

SEPM may offer products in CHF, EUR, USD or other supported currencies.

The applicable currency and price are displayed before the order is confirmed.

Customers must provide accurate company and tax information necessary for invoicing.

For Swiss customers, applicable Swiss VAT is charged according to Swiss law.

For business customers established outside Switzerland, Swiss VAT is generally not charged where the applicable place-of-supply rules treat the service as supplied abroad.

For qualifying EU business transactions, VAT may be accounted for by the recipient under the reverse-charge mechanism.

The customer remains responsible for taxes, duties or reporting obligations applicable to the customer under local law, except to the extent SEPM is legally required to collect or remit such taxes.

SEPM may request additional tax information or documentation where necessary.

Payment methods and payment terms are specified during checkout or in the applicable invoice or individual agreement.

Payments must be made in the agreed currency and without unauthorised deductions.

Where SEPM uses an external payment service provider, payment processing may also be subject to the provider's applicable conditions.

If payment is not received when due, SEPM may request payment and, after appropriate notice, suspend access to affected subscription services or licences.

For contracts governed by an existing individual agreement, the payment-default and termination provisions of that agreement continue to apply.

SEPM reserves its right to recover outstanding amounts and reasonable collection costs to the extent permitted by applicable law.

SEPM may update its published price lists and offers.

Price changes do not retroactively affect completed purchases or prepaid subscription periods.

Any changes to recurring subscription fees apply only in accordance with the renewal conditions communicated to the customer.

For existing individual agreements, the applicable contractual price-adjustment provisions remain unchanged.

Unless otherwise agreed or required by mandatory law, fees for activated software subscriptions and electronically delivered software licences are not refundable for periods already commenced.

This does not limit contractual warranty remedies or statutory rights that cannot lawfully be excluded.

SEPM software is normally delivered electronically through mySEPM, the SEPM website, a customer or partner portal, or email.

Software is deemed delivered when the relevant installation package, download or licence entitlement has been made available to the customer.

Unless otherwise agreed, the customer is responsible for downloading, installing, configuring and operating the software.

Installation, migration, customisation, training and other professional services may be offered separately.

The customer must ensure that the relevant hardware, operating systems, databases, GIS applications and other dependencies meet the published requirements.

SEPM is not responsible for errors caused by unsupported environments, incompatible third-party products or incorrect configuration outside SEPM's responsibility.

The customer remains responsible for its own business data, GIS databases, source files, configurations, data validation and backups.

Before performing data imports, migrations, conversions or other potentially destructive operations, the customer should maintain suitable backups and test the relevant procedures.

The customer is responsible for verifying the correctness and completeness of conversion results before using them in production or operational systems.

Maintenance and support are provided according to the purchased product, subscription or individual maintenance agreement.

Support portal: sepm.ch/support

Customers should provide sufficient technical information, including logs, configuration details and reproducible examples where appropriate.

Support is provided for supported software versions and within the scope of the applicable maintenance arrangement.

Customer-specific engineering, data migration, custom development, extensive configuration and other professional services are not included in standard maintenance unless expressly agreed.

Such services may be quoted separately.

Specific response times, resolution targets or service-level commitments apply only where expressly provided in an individual agreement or applicable service-level arrangement.

No guaranteed resolution time or continuous 24-hour support is implied by these Terms.

SEPM endeavours to provide software that performs substantially in accordance with the applicable product documentation when used in a supported environment.

Software may nevertheless contain errors or limitations and may not operate correctly in every environment or with every dataset.

Customers must report suspected defects with sufficient information to allow SEPM to investigate and, where practicable, reproduce the problem.

For perpetual licences and products covered by an existing SEPM Master Agreement, the agreed warranty period and defect-reporting provisions remain applicable.

Where SEPM is responsible for a reproducible software defect covered by the applicable warranty or maintenance arrangement, SEPM may provide a correction, patch, workaround or updated software version.

To the extent permitted by applicable law, these remedies constitute the customer's contractual remedies for software defects, without prejudice to rights that cannot legally be excluded.

SEPM is liable for damages resulting from its intentional misconduct or gross negligence in accordance with applicable Swiss law.

To the fullest extent permitted by law, liability for slight negligence is excluded.

SEPM is not responsible for damage attributable to third-party software, hardware, services, unsupported environments, incorrect customer data or use outside the documented product scope, except where liability cannot lawfully be excluded.

Nothing in these Terms excludes or restricts liability where such exclusion or restriction is prohibited by applicable law.

Any individually agreed liability provisions take precedence over these Terms.

SEPM DataCheck is provided free of charge as a diagnostic tool for Smallworld GIS databases.

Users may use and modify the software for their own purposes, provided that SEPM is acknowledged as the original author.

DataCheck reports potential errors and inconsistencies but does not guarantee the detection of all database defects.

The software is provided "as is", without warranty, to the extent permitted by law.

SEPM X-Symbols is a free collection of SVG symbols for GIS and related applications.

Users may use and modify the symbols for their own purposes, provided that SEPM is acknowledged as the original author of SEPM-created assets.

Certain symbols may contain third-party material subject to separate licences and attribution requirements.

The symbols are provided "as is", without warranty, to the extent permitted by law.

Other free products may be subject to additional usage conditions stated in their accompanying documentation or licence files.

Unless expressly agreed otherwise, free products do not include guaranteed maintenance, support or future updates.

SEPM and the customer must treat non-public confidential information received in connection with their business relationship as confidential and use it only for legitimate contractual purposes.

This obligation does not apply to information that is publicly available without breach, lawfully obtained from another source, independently developed or required to be disclosed by law.

Customers retain ownership of and responsibility for their own business data and other materials supplied to SEPM.

SEPM does not acquire ownership of customer datasets through the use of its products or services.

SEPM may process technical, licensing, account and support information as necessary to provide its products and services.

The collection, use, retention and disclosure of personal data by SEPM are described in the separate SEPM Privacy Statement, available on the SEPM website.

Where SEPM processes personal data on behalf of a customer as a data processor, a separate Data Processing Agreement may be concluded where required.

Such agreements apply only to the processing activities and obligations within their specified scope and do not automatically replace other contractual terms.

SEPM products may be supplied through authorised sales partners and resellers.

Partner relationships, resale permissions, commercial discounts and other distribution rights are governed by the applicable partner agreement.

Unless expressly agreed otherwise, the end customer's right to use SEPM software remains subject to the applicable SEPM licensing conditions.

A sales partner may not grant rights beyond those authorised by SEPM.

Where subscriptions are administered by an authorised partner through mySEPM, the partner may manage customer organisations, user assignments and licensing within the scope authorised by SEPM.

Commercial settlement, invoicing and other partner-specific conditions are governed by the relevant partner agreement.

Unless otherwise agreed, the sales partner provides first-level support to its customers, while SEPM provides second-level support to the partner under the applicable agreement.

SEPM may terminate an affected licence or service for a material contractual breach, subject to applicable notice requirements and any opportunity to remedy the breach required by law or the relevant agreement.

Upon termination or expiry of a subscription or term licence, the relevant usage rights end.

For perpetual licences, continued use remains governed by the original perpetual licence conditions.

Termination does not affect accrued payment obligations, intellectual property rights, confidentiality obligations or other provisions intended to survive termination.

SEPM makes reasonable efforts to ensure that website information is accurate and current.

However, information may contain errors, omissions or outdated material.

Product features, availability, specifications and prices may change as products evolve.

The SEPM website may contain links to websites or services operated by third parties.

SEPM is not responsible for the content, availability or privacy practices of external websites.

Unless otherwise stated, the content, graphics, text, product documentation, designs and other materials on the SEPM website are protected by intellectual property law.

Reproduction, redistribution or commercial use requires SEPM's prior authorisation, except where permitted by law or an applicable licence.

SEPM may amend these Terms to reflect changes in its products, services, business operations or applicable law.

The current version will be published on the SEPM website.

Changes apply to new orders and new contractual relationships from their effective date.

Material changes affecting existing paid subscriptions will be communicated in advance where applicable and will take effect only in accordance with the relevant contractual conditions and applicable law.

Existing individually negotiated agreements remain unaffected unless expressly amended by the parties.

These Terms and contractual relationships governed by them are subject to Swiss law, excluding its conflict-of-law rules, to the extent permitted by applicable law.

The place of performance for software delivery and related services is Emmenbrücke, Canton of Lucerne, Switzerland.

Electronic delivery is completed by making the applicable software or licence entitlement available through the designated SEPM delivery channel.

Subject to mandatory legal provisions and any applicable individual agreement, the competent courts in the Canton of Lucerne, Switzerland, shall have jurisdiction over disputes arising from these Terms.

If a provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

SEPM

Software Engineering & Project Management

For questions concerning these Terms, SEPM software licences, subscriptions or services, please contact:

• SEPM — Software Engineering & Project Management
• Robert Schweikert
• Gerliswilstrasse 42
• CH-6020 Emmenbrücke
• Switzerland
• Email: info@sepm.ch

Support

support@sepm.ch

Website

https://www.sepm.ch

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