GRAPHISOFT BIMx Legacy for Android EULA

IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT LICENSE AGREEMENT ("Agreement") INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER AND ANY AUTHORIZED USERS WHETHER OR NOT EACH SUCH AUTHORIZED USER INDICATES THEIR INDIVIDUAL ACCEPTANCE.

IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE ALL INSTALLER FILES AND ADHERE TO THE PROVISIONS OF THE „TERMINATION” SECTION HEREIN.

GRAPHISOFT SOFTWARE LICENSE AGREEMENT

GRAPHISOFT SE Private European Company Limited by Shares ("GRAPHISOFT") licenses this Software to You, an individual or as the representative of and on behalf of Your employer ("You") only upon the condition that You accept all of the terms contained in this Software License Agreement ("Agreement").

By accepting the terms of this Software License Agreement, You expressly declare and confirm that You have the full power and capacity to represent Your employer and/or the entity on behalf of which You are acting. Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.

This Agreement constitutes a non-exclusive, non-transferable, non-sublicenseable, limited license for You to use the enclosed Software and associated documentation, together with the upgrades, updates, new versions and fixes provided to You by GRAPHISOFT (the "Software"). The Software is licensed, not sold, to You exclusively for Your own use under the terms and conditions of this Agreement.

The Software is owned by GRAPHISOFT and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, GRAPHISOFT reserves all rights to the Software not expressly granted hereunder and to any reproduction of the Software including its documentation, logos, trademarks, icons and interface in whole or in part. If You copy or use all or any portion of the Software without entering into this Agreement or obtaining the prior written permission of GRAPHISOFT or in non-compliance with any of the terms of this Agreement, You are violating copyright or other intellectual property law, and You may be liable to GRAPHISOFT and its licensors in particular for damages, and You may be subject to criminal penalties.

INTERNET-BASED SERVICES COMPONENTS

The Software may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that GRAPHISOFT may automatically check the version of the Software and/or its components that You are utilizing in order to check that You are utilizing the Software according to its purpose, and may provide upgrades or fixes to the Software in order to advance lawful and improved operation thereof. GRAPHISOFT shall not be liable for any loss of data or malfunctioning of the Software occurring in connection with GRAPHISOFT’s conduct under this point.

The Software may contain technological measures that are designed to prevent unlicensed use of the Software. You hereby expressly accept that GRAPHISOFT or its assignee will use those measures to confirm that You have a legally licensed copy of the Software and You use the Software according to the terms and conditions of this Agreement. If GRAPHISOFT finds that You are not using a licensed copy of the Software or Your use of the Software infringes the terms and conditions of this Agreement, You are not allowed to install future updates of the Software, and GRAPHISOFT will take the necessary measures in order that You shall not be able to install future updates of the Software. You accept that GRAPHISOFT or its assignee will collect, transmit and use for law enforcement purposes technical data from Your computer during this process necessary to detect and pursue the illegal use of the Software.

CONSENT TO USE OF DATA

You expressly agree and give Your consent that during the term of this Agreement GRAPHISOFT may at any time collect, process and use information and files gathered as part of and related to Your use of this version of the Software and during the product support services provided to You related to the Software. You expressly agree and give Your consent that during the term of this Agreement GRAPHISOFT may process, use this information to improve its products and services or to provide customized services or technologies or to troubleshoot any deficiencies in compliance with the applicable rules of law. GRAPHISOFT hereby represents and warrants that GRAPHISOFT shall use this information exclusively for the purposes defined herein and shall take all reasonable measures to prevent the disclosure of this information to third persons, GRAPHISOFT will not disclose this information in any form that personally identifies You.

You may request information concerning the data relating to You stored by GRAPHISOFT. In addition You may request the rectification or erasure of Your personal data stored by GRAPHISOFT in accordance with the governing rules of law.

Unless otherwise regulated by the special rules determined by GRAPHISOFT and expressly accepted by You, GRAPHISOFT uses the information gathered from you as set forth above.

LICENSE PARAMETERS

The license granted by this Agreement is subject to the License Parameters defined hereinafter:

• The Software consists of a computer program downloadable from a website.
• You may use the Software on a single computer at a time;

RESTRICTIONS

• You may not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part, without the prior written consent of GRAPHISOFT.
• You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purposes whatsoever.
• You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software.
• You may not copy any written materials accompanying the Software;
• You are expressly prohibited from distributing, providing access to or commercializing the Software or its any component either alone or as part of another product or service.

In case of infringement of any provisions of this chapter, you expressly acknowledge that GRAPHISOFT will take the necessary measures in order that the infringement be terminated and to enforce your compliance with the above provisions. In addition GRAPHISOFT shall be entitled to enforce payment for its damages as well as other rights and claims under the governing laws in force resulting from your breach of this agreement.

TERMINATION

• This Agreement remains in effect until it is terminated.
• Upon termination, You must destroy the Software and all copies of it.
• GRAPHISOFT may terminate the Agreement without notice following breach of any part of the Agreement. Your actual or attempted violation of any of the provisions of the LICENSE PARAMETERS or RESTRICTIONS, as set out above, shall be a material breach of this Agreement.
• Under no circumstances will GRAPHISOFT be liable for reimbursing the price of the Software or for any other damages.

LIMITED WARRANTY

• THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO ITS CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE'S FUNCTIONS.
• No advice or information given by GRAPHISOFT employees, its distributors, resellers, agents, or consultants shall constitute a warranty by GRAPHISOFT or extend the warranty in this Agreement. This Agreement and the warranty provided herein may only be modified by a written amendment signed by a duly authorized executive officer of GRAPHISOFT.
• In no event shall GRAPHISOFT be liable for any loss or damages whatsoever, including but not limited to loss of data, damages for lost income, business interruption, loss of business information, or other special, incidental, consequential, exemplary, multiple, or indirect damages or other pecuniary loss, arising from the use or misuse of the Software, or otherwise under this Agreement, even if GRAPHISOFT or its employees, resellers, or agents have been advised or should have known of the possibility of such damages. In no event will GRAPHISOFT's aggregate liability for any breach of this Agreement, use of the Software or otherwise, exceed the amounts actually paid by You to GRAPHISOFT for this copy of the Software, except as otherwise required by applicable statutory law.

You accept and confirm that the price of the Software (if any) or the free of charge provision of the Software and the conditions of this Agreement advantageous to You hereof have been determined in consideration of the above provisions on limited warranty.

OWNERSHIP OF LOADED CONTENT, THIRD PARTY MATERIALS, SERVICES

• All title, ownership rights, and proprietary rights in and to the information and other content loaded into the Software from any electronic media or Internet by operation of the Software (collectively, "Content") is the property of the applicable Content owner, including, without limitation, supplier, its affiliates, and any Internet Content providers ("Content Providers"). This Agreement does not give You ownership or any other rights with respect to any such Content and GRAPHISOFT does not undertake any liability for any such Content.
• You accept that the use of some GRAPHISOFT products and some third party materials and services included in or accessed through the Software are subject to other terms and conditions found in separate license agreement(s) located at http://www.graphisoft.com/licenses, which You also accept by accepting the terms and conditions of this Agreement.
• You accept that the use of some GRAPHISOFT and some third party materials, software and services accessed, used with the help of the Software may be subject to other terms and conditions found in separate license agreement(s) not appearing at the link indicated above, for which GRAPHISOFT does not assume any liability. GRAPHISOFT also does not assume any liability for the co-operation of the Software with third party materials, software and services and for the operation, use of third party materials, software and services.

GENERAL CONDITIONS

• This Agreement DOES NOT give You the right to any technical support for, or upgrades to, the Software which GRAPHISOFT may offer from time to time. GRAPHISOFT may, at its option and as part of its sales and marketing policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by GRAPHISOFT or its distributors.
• This Agreement constitutes the full, complete agreement between You and GRAPHISOFT concerning the Software and supersedes all prior agreements and understandings, either written or oral. Unless otherwise communicated to You by GRAPHISOFT in writing, the conditions of this Agreement shall apply to the installation and use of additional functions of the Software and to the repair of the Software’s installation.
• If any part or provision of this Agreement is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Agreement shall remain in full force and effect.

This Agreement is governed by the laws of Hungary. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by the Permanent Arbitrate Tribunal formed beside the Hungarian Chamber of Commerce and Industry, Budapest, in accordance with its own rules of procedure. The place of jurisdiction shall be in Budapest.

INQUIRIES

All inquiries regarding this Agreement should be directed to

GRAPHISOFT SE Private European Company Limited by Shares
Záhony utca 7.
Budapest
H-1031 Hungary
graphisoft.com