PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE GRAPHISOFT BETA PROGRAM AGREEMENT (“AGREEMENT”) CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “ACCEPT TERMS AND JOIN” BUTTON.

GRAPHISOFT BETA PROGRAM AGREEMENT

A: General Provisions

  1. Participation in the Graphisoft Beta Program
    1. You as participant (“Participant” or “You”) understand and agree that your participation in the Graphisoft Beta Program (“Beta Program” or the “Program”). Your participation in the Program is voluntary, free of charge and does not create a legal partnership, agency, or employment relationship between you and Graphisoft.
    2. Graphisoft grants You a license right to use the pre-release, beta software products ( collectively the “Software”) in the Beta Program made available to You on the dedicated Site available on Graphisoft Community (community.graphisoft.com - the “Site”) exclusively for Your personal use and not for commercial purposes (resale, transfer or providing it SaaS), for a limited period of time expiring at the end of the Program, with limited functionality according the terms and conditions of this Agreement.
    3. You understand that your participation in the Program does not obligate Graphisoft to provide You with any Software or any compensation of any kind.
    4. You shall be responsible to comply with the system requirements necessary to the installation and running of the Software at your own risk and expense.
    5. Graphisoft reserves the right to modify any of the terms, conditions, and policies of the Program at any time without notice. Graphisoft shall provide you with all information related to the Program through the Site.
    6. As a condition of your participation in each of the Programs, You also declare and certify that You are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Program. This Agreement is void where prohibited by law and the right to become a Participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by Graphisoft in writing, you cannot share or transfer any software or other materials, information (either verbally or in writing) you receive from Graphisoft in connection with being a Participant. Please note that you are fully liable to Graphisoft for any unauthorised sharing by you or your employee and trustee. The Graphisoft Id and password you use to login as a Participant cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Graphisoft Id and password and for any activity in connection with your account.
    7. Participant acknowledges that if Participant for any reasons breaches any of the provisions of the present Agreement by applying with false, misleading or inaccurate data to the Program this seriously harms the effectiveness of the software testing and thus causes significant damages to Graphisoft. The Participant is aware of Participant’s full liability arising at Graphisoft from Participant’s application and participation in the Program with false, misleading or inaccurate data.
    8. Unless otherwise communicated by Graphisoft, the English language must be used in all forms of communications related to the Program.
    9. In case Graphisoft cannot reproduce a bug in-house, Graphisoft retains the right to ask for additional information / reproduction from Participant. Online meeting services will be provided by Graphisoft and will not result in any cost to Participant.
  2. Graphisoft’s obligations
    1. In scope of the Program Graphisoft will provide to the Participant the instructions, safety information, warnings or cautions concerning the Software through the Software and the Site.
    2. Graphisoft has no obligation to develop or provide any updates or revisions to the Software, and Graphisoft reserves the right to alter or adjust performance specifications for any of the Software as it deems necessary or desirable.
  3. Participant’s obligations
    1. Participant agrees to test and evaluate the Software as requested and described on the Site. Participant agrees to familiarize itself with the Software information provided by Graphisoft and to only use or test the Software as directed. Participant will notify Graphisoft of any and all functional flaws, errors, anomalies, and problems directly or indirectly associated with the Software known to or discovered by Participant. In addition, Participant agrees to provide Graphisoft with such reports via the methods designated by Graphisoft and to promptly respond to any and all reasonable inquiries, questionnaires, surveys, and other test documents submitted to Participant by Graphisoft.
    2. If Participant is a company or other entity, Participant shall designate an employee or representative who will serve as the single technical contact and who will be responsible for maintaining communication with Graphisoft.
    3. Upon Graphisoft’s request for the deletion of the Software, Participant agrees to delete the Software within three working days of Participant’s receipt of Graphisoft’s request to do so.
    4. Any feedback, ideas, modifications, suggestions, improvements, and the like made by Participant with respect to the Software (“Supportive Information”) will be the property of Graphisoft. Participant agrees to assign, and hereby assigns, all right, title, and interest worldwide in the Supportive Information and the related intellectual property rights to Graphisoft and agrees to assist Graphisoft, at Graphisoft’s expense, in perfecting and enforcing such rights. Graphisoft may disclose or use Supportive Information for any purposes whatsoever without any obligation to Participant.
    5. Participant is obliged to reimburse Graphisoft all damages and claims caused by the breach of the provisions of the present Agreement or by causing damage to the operation of the Program by the Participant or its employee, trustee, especially specified in section 3.2 above.
  4. Confidentiality
    1. Participant acknowledges that Participant may have access to, and Graphisoft may disclose to Participant, certain valuable information belonging to and relating to Graphisoft which Graphisoft considers confidential, including, but not limited to, information concerning the Software, their elements, trademark(s) and trade name(s), Participant manuals, sales and marketing plans, business plans, processes, customer lists, and other trade secrets (“Confidential Information”). Participant shall use the Confidential Information solely for testing purposes, shall not disclose, without Graphisoft’s written consent, such Confidential Information to third parties or use such Confidential Information for its own benefit or for the benefit of third parties.
    2. If Participant is a company or other entity, Participant shall disclose Confidential Information only to those of its employees who need to know such information for the purpose of the agreed-upon beta testing and shall ensure that its employees observe the confidentiality obligations in this Section 4, for which Participant will be fully responsible. Participant acknowledges that the Software contains Confidential Information developed or acquired by Graphisoft and that all rights therein and in other Graphisoft Confidential Information remain in Graphisoft. Participant will not disclose that it is evaluating or testing or has evaluated or tested the Software to any third party without Graphisoft’s prior written consent. In addition, Participant agrees to treat any communications and reports prepared under this Agreement, including, but not limited to, those prepared in accordance with Section 3.1, as Confidential Information and will not divulge the existence or content of such communications or reports to any third party without Graphisoft’s prior written consent.
    3. Participant further commits and agrees:
      1. to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;
      2. not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized in writing in advance by Graphisoft in accordance with the present Agreement;
      3. not to use any Confidential Information to unfairly compete or obtain unfair advantage vis-à-vis Graphisoft in any commercial activity which may be comparable to the commercial activity contemplated by the Parties in connection with the Program;
      4. not to, and it shall cause its personnel not to disclose to any person the fact that the Confidential Information has been made available or the fact that discussions are taking place concerning the Business Purposes;
      5. to instruct each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited to use, publish or otherwise disclose to any third party, or permit to any third party to use for its benefit or to the detriment of Graphisoft, any of the Confidential Information, and upon request of Graphisoft;
      6. to use such Confidential Information only to the extent required to accomplish the test of the Programs.
      7. to comply with any other reasonable security measures requested in writing by Graphisoft.
    4. This Agreement shall impose no obligation of confidentiality upon Participant with respect to any portion of the Confidential Information which: (i) now or hereafter, through no act or failure to act on Participant’s part, becomes generally known or available; (ii) is known to Participant at the time Participant receives same from Graphisoft as evidenced by written records; (iii) is hereafter furnished to Participant by a third party as a matter of right and without restriction on disclosure.
  5. Proprietary Rights; No Right to Copy, Modify, or Disassemble
    1. The Software provided by Graphisoft and all copies thereof, are proprietary of Graphisoft. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents and other intellectual property rights in or associated with the Software are and will remain in Graphisoft and Participant shall have no such intellectual property rights in the Software.
    2. Participant may not copy or reproduce the Software without Graphisoft’s prior written consent. Participant may not copy or reproduce any software or documentation provided by Graphisoft, without Graphisoft’s prior written consent. Each copy of software or documentation made by Participant must contain Graphisoft’s proprietary and copyright notices in the same form as on the original. Participant shall not remove or deface any portion of any legend provided on any part of the Software.
    3. Participant agrees to secure and protect the Software and all copies thereof in a manner consistent with the maintenance of Graphisoft’s rights therein and to take appropriate actions by instruction or agreement with any of its employees or agents permitted access thereto to satisfy its obligations hereunder.
    4. Participant shall not reverse engineer, alter, modify, disassemble or decompile the Software or any part thereof, without Graphisoft’s prior written consent.
  6. Disclaimer of Warranty
    1. As pre-release, beta versions, by their nature, the Software may contain errors, bugs and other problems that could cause system failure, damages to your Archicad project files and the testing and quality assurance of the Software may not yet be completed. Because the Software are subject to change, Graphisoft reserves the right to alter the Software at any time, and any reliance on the Software is at Participant’s own risk. Please note that Graphisoft does not ensure the opening and compatibility of the files created with the Software with full commercial version of the Software.
    2. PARTICIPANT ACCEPTS THAT THE SOFTWARE ARE PROVIDED BY GRAPHISOFT TO PARTICIPANT ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW GRAPHISOFT MAKES NO WARRANTY OF ANY KIND REGARDING RELATED TO THE SOFTWARE. GRAPHISOFT HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.
  7. Term and Termination
    1. This Agreement automatically terminates on the end date of the Program indicated by Graphisoft on the Beta Site.
    2. This Agreement can be terminated by the Participant or by Graphisoft any time without reasoning upon ten days prior written notice by either party.
    3. Upon termination of this Agreement for any reasons, Participant agrees to (a) delete the Software and all copies thereof to Graphisoft, if requested by Graphisoft in writing to do so, within seven days after such termination, or (b) if requested by Graphisoft to do so, certify to Graphisoft in writing that the deletion of the Software and all copies (including all related data and information) thereof. The provisions of, and the obligations of the parties under, Sections 4, 6, 8, 9 and 10, and any other provisions that would normally survive, shall survive the termination of this Agreement.
  8. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW GRAPHISOFT EXCLUDES ITS LIABILITY TO PARTICIPANT OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THE TRANSACTIONS CONTEMPLATED HEREIN. THE LIMITED LIABILITY ABOVE DO NOT APPLY IN CASE OF DAMAGES CAUSED WILLFULLY OR IN CASE OF DAMAGES SUFFERED TO LIFE, BODY OR HEALTH.
  9. Waiver
    A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition but shall apply solely to the instance to which such waiver is directed.
  10. Assignment; Severability
    Participant agrees not to assign any rights under this Agreement; any attempted assignment shall be null and void and shall result in the termination of this Agreement. If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect.
  11. Data Processing
    1. Graphisoft Bug Reporting and Feedback channel: the Participant undertakes to use the Bug Reporting and Feedback channel operated by Graphisoft available at graphisoft.atlassian.net for the purposes of performing Participants testing and feedback activities under this Agreement. The Participant needs to have a valid Atlassian account to be able to login and provide feedbacks; concerning the personal data to be provided during the account registration, Atlassian acts as Data Controller (for further information visit https://www.atlassian.com/legal/privacy-policy#what-this-policy-covers) for the registration relevant information and as data processor for the other information provided by the Participant under the scope of this Agreement. Once the Participant logs into the feedback channel with its Atlassian account, Atlassian makes personal data (name, email, Atlassian ID) and all other provided information (e.g. feedbacks) available to Graphisoft. The following personal data shall be collected and processed for the purposes of the Bug Reporting and Feedback channel: first name, last name, email address,Graphisoft ID and all other information that is voluntarily provided by the Participant. The legal base of the data processing is the performance of contract if the Participant is a natural person (GDPR Art. 6(1) b.) and the legitimate interest of Graphisoft (GDPR Art. 6.(1) f.) if the Participant is an entity whose employees’ personal data is processed. Participants are able to report a bug, raise suggestion, or ask questions. Submitting bug report and feedback is possible only in the Participant’s own name. Participant has control whether the bug report or feedback Participant submitted is visible to other Participants or restricted to Graphisoft only. In case of prior consent given by the Participant the bugs sent by the Participant to Graphisoft shall be transferred by Graphisoft through making available the bugs to all Participants during the beta period. Participants are also able to comment on each other’s bugs. The legal base of the data transfer is the consent of the Participant (GDPR 6 (1) a.), the purpose of the data transfer is the elimination of duplications in the reporting system. The registered name of the Participant (Graphisoft Id) shall appear in the Graphisoft Bug Reporting and Feedback channel together with the feedback for all other Participants. The list of Participants is made available by Graphisoft at the Bug Reporting and Feedback channel for all Participants by indicating the Participant name. In case of termination of this Agreement for any reasons Graphisoft shall remove Participant’s data without delay but within 15 days.
    2. Matters related to data processing not provided for in this Agreement shall be regulated by Graphisoft’s Privacy Policy available at https://www.graphisoft.com/info/legal/privacy_policy/.
  12. Intellectual Property, License Rights
    All works, materials, ideas created by You and submitted to Graphisoft in scope of this Agreement are and will remain Your intellectual property. By accepting this Agreement You grant to Graphisoft and its partner network enlisted at graphisoft.com an exclusive, royalty free, sublicensable license right unlimited in time, territory and usage mode without any restrictions to the use, adaptation, modification of Your IP by Graphisoft without any time limitation. The license right granted herein includes the inclusion of Your IP into Graphisoft’s marketing materials furthermore the publishing of Your IP in press releases and on social media platforms. You represent and warrant that You are the author and owner regarding all of Your IP provided to Graphisoft under this Agreement
  13. Governing Law and Jurisdiction
    This Agreement shall be governed and controlled in accordance with the laws of Hungary, especially with the regulations of Hungarian Civil Code and the Act No. LIV of 2018 on the Protection of Trade Secrets. Parties shall immediately harmonize their positions in connection with disputes arising from this Agreement through negotiations. In case of the failure of these for any dispute arising from or in connection with this contract - so especially with its breach, termination, validity or interpretation - the parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be one and the language to be used in the arbitral proceedings shall be Hungarian. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration. In order to settle the legal dispute the Hungarian substantive law shall apply, excluding its private international law rules.
  14. Entire Agreement
    This Agreement and all information made available on the Site, including any additional terms and conditions represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all prior agreements between the parties, whether written or oral, regarding the subject matter hereof. This Agreement or any part thereof may be modified or amended unilaterally by Graphisoft through a notification made on the Beta Site.

B: Particular Provisions

  1. Participation in the Beta Program. The purpose of the Beta Program is to make alpha, beta, and other pre-release software, and related documentation, materials, and information related to the Beta Software available to Beta Program Participants from time to time for the purpose of providing Graphisoft with feedback on the quality and usability of the Beta Software.
  2. YOU UNDERSTAND AND AGREE THAT THE PARTICIPATION IN THE BETA PROGRAM IS BY INVITATION ONLY FROM GRAPHISOFT, IT IS NOT OPEN TO FREE PARTICIPATION. GRAPHISOFT INVITES THE PARTICIPANTS BY EMAIL. THOSE WHO ACCEPT THE INVITATION TO TAKE PART IN THE BETA PROGRAM WILL BE ABLE TO JOIN WITH THEIR GRAPHISOFT ID AND ACCESS EXTRA INFORMATION VIA HTTPS://COMMUNITY.GRAPHISOFT.COM/
  3. Participant will have the following channels for communicating with Graphisoft:

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