PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT SOFTWARE LICENSE AGREEMENT ("Agreement") INCLUDING THE LIMITED WARRANTY, PERSONAL DATA HANDLING AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER (IF ANY) 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 IF APPLICABLE RETURN THE COMPLETE PACKAGE TO THE PLACE FROM WHERE IT WAS PURCHASED.
GRAPHISOFT SOFTWARE LICENSE AGREEMENT
Graphisoft SE Private European Company Limited by Shares, Záhony utca 7. Budapest H-1031 Hungary https://www.graphisoft.com ("Graphisoft") licenses this Software to You, an individual or as the representative of and on behalf of Your employer (collectively referred to as "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 Yourself, Your employer and/or the entity on behalf of which You are acting (if any). 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-sublicensable, 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 (together referred to as 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.
Graphisoft may offer the opportunity to download and try updates which are in 'preview' (non-finalized) status, but this is on Your own discretion and - to the maximum extent permitted by the applicable rules of law - Graphisoft does not take any liability for the damage the update may cause.
YOU MAY USE YOUR COPY OF THE SOFTWARE EITHER IN COMMERCIAL MODE, IN TRIAL MODE, IN EDUCATIONAL MODE OR IN DEMO MODE.
YOU ARE ENTITLED TO USE THE COMMERCIAL MODE ONLY IF YOU HAVE PURCHASED AND CONNECTED THE HARDWARE-BASED PROTECTION KEY (HARDWARE KEY) OR INSTALLED THE SOFTWARE-BASED PROTECTION KEY (SOFTWARE KEY) TO YOUR COMPUTER. THE SOFTWARE MAY BE USED IN TRIAL MODE FOR A LIMITED PERIOD OF TIME IF YOU HAVE A TRIAL SERIAL NUMBER.
YOU MAY USE THE EDUCATIONAL MODE EXCLUSIVELY FOR THE PURPOSE OF INSTRUCTION OR FOR PERSONAL LEARNING, AND ONLY IF AND AFTER YOU HAVE RECEIVED A PROPER EDUCATIONAL SERIAL NUMBER FROM GRAPHISOFT OR ITS PARTNERS.
IF YOU LACK ALL THE PROPER AUTHORIZATIONS (FOR EXAMPLE HARDWARE KEY, SOFTWARE KEY OR APPROPRIATE SERIAL NUMBER) FOR THE USAGE OF THE SOFTWARE, YOU MAY USE THE SOFTWARE ONLY IN DEMO MODE.
2. INTERNET-BASED AND NON-INTERNET BASED SERVICE COMPONENTS
* The Software may contain components that enable and facilitate the use of certain Internet-based and non-Internet based services. You acknowledge and agree that Graphisoft may automatically check the operation mode, version of the Software and/or its components, its HARDWARE KEY serial number (if any), the SOFTWARE KEY serial number (if any), Trial or Educational serial number (if any) and the related services that You are utilizing in order to check that You are utilizing the Software according to its purpose, and may provide upgrades, fixes or additional services to the Software in order to advance lawful and improved operation thereof at Graphisoft's sole discretion. Graphisoft shall not be liable for any loss of data or malfunctioning of the Software occurring in connection with Graphisoft's conduct under this paragraph.
* You acknowledge that the use of Blacklisted SOFTWARE or HARDWARE Keys and of Grey-listed SOFTWARE Keys and the use of the license(s) running on them are prohibited. Graphisoft has the right to revoke/invalidate the license running on the Blacklisted SOFTWARE or HARDWARE Key and on the Grey-listed SOFTWARE Key. Graphisoft is also entitled to delete all contents from the Blacklisted SOFTWARE or HARDWARE Key and Grey-listed SOFTWARE Key. Your right to use the license that has run on Blacklisted SOFTWARE or HARDWARE Key or on Grey-listed SOFTWARE key automatically terminates when the key is registered as Blacklisted or Grey-listed by Graphisoft. Graphisoft notifies You without undue delay on the deletion of the license from the key.
Blacklisted SOFTWARE or HARDWARE Key means a protection key that is prohibited to be used for any purposes. Graphisoft registers protection keys with blacklisted status in Graphisoft's systems based on a notification made to Graphisoft as refunded, stolen, destroyed, damaged or lost. If Your are a blacklisted key owner and would like more information, please contact your Graphisoft Partner or third party from whom you purchased Your license and protection key.
Grey-listed SOFTWARE Key means a protection key, where the license running on it is activated on Your computer but in Graphisoft's system the license is still listed as available for activation due to system communication issues occurring at the license activation process.
* The Software may contain technological measures that are designed to prevent and detect unlicensed use of the Software. Utilizing the Software, You will also install these technical protection measures (hereinafter the "TPM") used by Graphisoft or its foreigner suppliers to collect, transmit and use for law enforcement purposes technical data from Your computer (hereinafter the "Technical Data") in order to prevent and detect unlicensed use of the Software and enforce Graphisoft's intellectual property rights.
* You hereby expressly accept that Graphisoft or its assignee will use TPM to confirm that You have a legally licensed copy of the Software and that 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 that Your use of the Software infringes the terms and conditions of this Agreement, this qualifies as material breach of this Agreement that gives Graphisoft the right to terminate this Agreement with immediate effect without notice and You shall be obliged to compensate Graphisoft for its damages and expenses occurring in connection with the unlawful usage and the breach of this Agreement, and Graphisoft shall be entitled to enforce other rights and claims under the governing laws in force, furthermore You will not be allowed to install future updates of the Software.
* You acknowledge that - in case of Commercial Mode to the Software Graphisoft shall from time to time, for different reasons (e.g. reported to be stolen, destroyed or replaced), check whether the Hardware or Software key running Your copy of the Software is valid for commercial usage.
3. INFORMATION AND CONSENT TO USE OF PERSONAL DATA
* Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data (including those Technical Data collected and used by the TPM system) will be collected and processed by Graphisoft for the purposes related to the execution of this Agreement, including the fulfillment of Your obligations, such as those related to Graphisoft's intellectual property rights.
* In line with the above in particular the following data processing take place under the respective terms and conditions:
- Purpose of the crash report is to support the identification and improvement of the software defects. Crash report is sent by the Software to Graphisoft whenever the Software identifies malicious operation or fatal error causing the Software complete breakdown.
- If You provide consent to Graphisoft then the crash report includes personal data indicated in paragraph five below for the purpose of potential technical support that might be provided by Graphisoft to You as end user of the Software, otherwise the crash report is pseudonymous. Pseudonymous means that it is not possible to identify You, unless You provide identification data (such as hardware ID and user ID) to Graphisoft with which Graphisoft can identify You.
- By giving Your consent, the generated crash reports are sent continuously for 30 days in a row to Graphisoft including Your personal data indicated in paragraph five below. Consent can be revoked anytime by You during the 30 days period.
- Revoking consent stops including personal data and crash report becomes pseudonymous again, but it does not mean that previously sent personal data is deleted. For deletion of such processed personal data, You have to contact support@graphisoft.com requesting the deletion.
- Personal data processed: the Software collects and sends to Graphisoft certain data of the hardware running the license (such as hardware component information, protection key type and identifier), the list of Archicad components and their versions, applications ran at the time of and technical data related to the crash of the Software (for example the operational action when the defect occurred, content of the memory, running system processes, system variables, system component versions, system time, computer name, login name of the user),any personal and contact information You voluntarily shares when sending the crash report.
- Legal base of the data processing: if You are a natural person the consent under point a. of Article 6(1) GDPR; if You are an entity the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR.
- Duration of the data processing: as long as Graphisoft provides technical support for the respective version of Archicad, but maximum for 5 years period of time from the data collection date.
B. Customer Experience Improvement Program ("CEIP")
- The Software collects data on the time, frequency of use of each Archicad Software function; hardware, software and product information and sends it to Graphisoft.
- The report is pseudonymous, meaning that it is not possible to identify You, unless You provide identification data (such as hardware ID, User ID and Project ID) to Graphisoft with which Graphisoft can identify You.
- Purpose of the data processing: collect feedback on how You use the software, its functionalities, new features, malfunctions in order to improve the software and create solutions to common problems.
- Once You enabled its operation, CEIP runs automatically in the background. You can stop its operation anytime by disabling the function.
- Legal base of the data processing: if You are a natural person the consent under point a. of Article 6(1) GDPR; if You are an entity the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR.
- Duration of the data processing: as long as Graphisoft provides technical support for the respective version of Archicad, but maximum for 5 years period of time from the data collection date.
C. SSA/Forward validity checking if You are a natural person
- The software collects and sends to Graphisoft certain data of the Software (such as the version and language of the Software), the protection key type and identifier.
- Purpose of the data processing is to identify eligibility to SSA/Forward dependent content.
- Legal base of the data processing: processing is necessary for the performance of a contract to which the data subject is party (point b. of Article 6(1) GDPR).
- Duration of the data processing: 1 year from the end date of the SSA/Forward.
* You expressly acknowledge that Your personal data processed under this Agreement will be processed, either manually or with the help of electronic or automated means, in such a way as to minimize, by means of suitable security measures, the risk of unauthorized access or disclosure of Your data. Your personal data will be processed during the term of this Agreement in relation to its purposes, also in order to prevent unlicensed use of the Software. For the above purposes Your personal data can be disclosed to third parties (service providers, consultants, collaborators, a list of which is available from within the Privacy Policy), either to other EEA or third countries, pursuant to the scope of this Agreement and any applicable law. In the event of any data transfers to third countries, Graphisoft always uses suitable safeguards (such as the standard contractual clauses adopted by the European Commission, the EU-US Privacy Shield and similar instruments) to ensure the adequate protection of personal data. Graphisoft reserves the right to disclose Your personal data to the competent legal authority if required to do so to enforce or defend its rights or legitimate interests before civil and criminal courts, regulatory bodies, or to execute an order of the competent judicial or regulatory authority. As End User of the Product, You have the right to access the personal data processed by Graphisoft, to obtain the updating or rectification of such data. You also have the right to obtain the erasure of any personal data if, for instance, such data have either been processed unlawfully or are no longer necessary for the purposes for which they were collected or otherwise processed. In certain cases, such as when the processing is unlawful and you oppose the erasure of your data, you have the right to obtain from Graphisoft the restriction of processing. You also have the right to receive the personal data concerning you, which you provided to Graphisoft, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. If you consider that the processing of your personal data by Graphisoft infringed the GDPR, please contact us first at privacy@graphisoft.com ; Graphisoft SE Business Compliance Manager; Záhony utca 7. Budapest, H-1031 Hungary so we can remedy the issue. Of course, in such cases you also have the right to lodge a complaint with the Hungarian Data Protection and Freedom of Information Authority ( http://naih.hu/general-information.html ) or another data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
* If applicable, You ensure and warrant to us that Your employee has been duly informed of the collection, processing, transfer and usage of his/her personal information by Graphisoft as per the above, and shall indemnify and hold Graphisoft harmless from and against any related third party claims.
* The detailed rules regarding the various rights and obligations related to Graphisoft's data collection, use, transfer, handling, processing, including your subject access rights and rights to legal redress, are set forth in the Privacy Policy constituting an inseparable part of this Agreement available at https://graphisoft.com/legal/privacy-policy .
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 or delivered on one or several DVDs, the respective software license for HARDWARE KEY or SOFTWARE KEY, and accompanying documentation and packaging.
* The Commercial Mode may be limited in time or unlimited as determined by the terms and conditions of your purchase of the Product.
* You may use the Software on a single computer at a time.
* The Software consists of a computer program downloadable from a website or delivered on one or several DVDs.
* The Host Application in Trial Mode is equipped with a time-control disabling function. You are allowed to use the Software as long as the Host Application's Trial Mode remains in effect.
* You may use this Software only for non-commercial purposes. "Non-commercial purpose" means use of the Software solely for learning, education or research. "Non-commercial purpose" excludes, without limitation, any use of the Software for, as part of, or in any way in connection with a product (including software) or service which is sold, transferred, offered for sale, assigned, licensed, leased, loaned or rented.
* You may use the Software on a single computer at a time.
* To upgrade this copy to a commercial license, please contact the local Partner or Graphisoft.
* The Software consists of a computer program downloadable from a website or delivered on one or several DVDs.
* The Host Application in Educational Mode is equipped with a time-control disabling function. You are allowed to use the Software for as long as the Host Application's Educational Mode remains in effect.
* This is an educational mode of the Software sanctioned to be used only by students taking their degree studies, faculty members or staff of an educational institution. A degree-seeking student is defined as a student who is currently enrolled in a higher education institution, or a student who is taking (as a minimum), a three (3) credit-hour degree course, or a student who can confirm his/her enrolment at a nine (9)-month (minimum time period) certificate-granting college or university. This mode is only to be used for study and instruction - this is strictly NOT for commercial, professional, or for-profit purposes. By accepting the terms of this Software License Agreement, You expressly declare and confirm that You in person comply with the terms and conditions of this Agreement, which entitles You to conclude this Agreement with the advantageous terms and conditions provided by Graphisoft exclusively to students taking their degree studies, faculty members or staff of an educational institution. Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.
* You own a non-exclusive, special license of the Software with limitations in its functions, to be used exclusively for educational purposes for the time allowed by the serial number - at maximum, for the period of Your enrolment or employment in the educational institution.
* You may use this Software only for non-commercial purposes. "Non-commercial purpose" means use of the Software solely for learning, education or research. "Non-commercial purpose" excludes, without limitation, any use of the Software for, as part of, or in any way in connection with a product (including software) or service which is sold, transferred, offered for sale, assigned, licensed, leased, loaned or rented.
* You may use the Software on several computers for educational, academic, research purposes.
* To upgrade this copy to a commercial license, please contact the local Partner or Graphisoft.
* You may use the Demo Mode if you lack software license required for usage for Commercial Mode, or after the expiry of the serial number required for usage for Trial Mode or Educational Mode.
* In Demo Mode, You may explore the Software's features without being able to use its Copy, Save and Teamwork functions.
* 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 purpose whatsoever.
* You may not unlock or otherwise attempt to discover the source code or underlying algorithms of the Software or attempt to do any of the foregoing in relation to the object code of the Software.
* You may not use the Software for development, compilation, debugging and similar design-time purposes.
* You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software, and from merging the Software into any other software.
* You may not copy any written materials accompanying the Software.
* You are expressly prohibited from dividing Your Software and reselling part(s) of it.
* You may use all elements of the Software as integral components thereof exclusively for the purposes of performing the Software's functionalities set forth by Graphisoft.
* Unless You have a separate Service Provider License Agreement in force, You are expressly prohibited from providing 'Software as a Service' for third parties or other similar services which involve the reassignment of our software licenses to third parties e.g.: remarketing, reselling services or cloud services.
* You are prohibited from circumventing or supplying a system in order to circumvent the TPM of the Software and using the Software in any other unauthorized manner.
In case of infringement of any provisions of this chapter, you expressly acknowledge that it constitutes material breach of this Agreement giving the right to Graphisoft to immediately terminate this Agreement, and 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.
* Unless You make your own copy of the Software totally unusable, 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. You hereby accept that in case of any type of transfer of the Software by You, this Agreement automatically ceases to exist on the effective date of the transfer and You shall lose all rights arising from this Agreement.
* In case of a resold license, You, i.e. the purchaser of the resold Software, shall be required to re-register the Software with Graphisoft's appointed local partners, pay the applicable fees and enter into the applicable Software Support Agreement in order to be entitled to any updates, upgrades, support, etc.
* Any installation or use of this Software for purposes different from the purposes set forth in this Agreement, in particular but not limited to commercial purposes, are expressly prohibited and shall be qualified as a criminal act.
* You may not transfer the Software to any other computer or person. You are expressly prohibited from distributing, providing access to or commercializing the Software or any of its components either alone or as part of another product or service. Any attempt to do so will be void and may also disable Your continued use of the Software.
* You may not use the Software for commercial or production purposes.
* Any installation or use of this Software for purposes different from the purposes set forth in this Agreement, in particular but not limited to commercial purposes, are expressly prohibited and shall be qualified as a criminal act.
* You may not transfer the Software to any other computer or person. Any attempt to do so will be void and may also disable Your continued use of the Software.
* 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 may not use the Software for commercial or production purposes.
* You may not transfer the Software to any other computer or person.
* 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. Any attempt to do so will be void and may also disable Your continued use of the Software.
* You may not use the Software for commercial or production purposes.
You hereby agree that - in addition to any other license compliance checking set forth in this Agreement or elsewhere - Graphisoft has the right to visit You at the premises where You use the Software upon 7 (seven) days prior written notice in order to check Your records, systems, facilities to verify that Your use of the Software is fully in line with the provisions of this Agreement and with the applicable rules of law. Graphisoft may also appoint a third party to exercise its audit rights. You hereby agree to fully cooperate with Graphisoft in order to successfully perform this verification among others by providing Graphisoft with all requested information and documents.
* Graphisoft may terminate this Agreement with immediate effect without notice following breach of any part of the Agreement. The 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 giving the right to Graphisoft to terminate this Agreement with immediate effect.
* Upon termination by Graphisoft You are obliged to compensate Graphisoft for its damages and expenses occurring in connection with the breach of this Agreement and Graphisoft shall be entitled to enforce other rights and claims under the governing laws in force.
* In case of termination for any reason, under no circumstances will Graphisoft be liable for reimbursing the price of the Software (if any) or for any other damages.
* This Agreement remains in effect until it is terminated.
* Upon termination, You must destroy the Software and all copies of it.
* Upon the expiry of the Host Application's Trial Mode, You may terminate this Agreement by destroying the Software and all copies of it or You may use the Software in Demo Mode.
* Upon the expiry of the Host Application's Educational Mode, You may terminate this Agreement by destroying the Software and all copies of it or You may use the Software in Demo Mode.
* You may terminate this Agreement by destroying the Software and all copies of it.
* No advice or information given by Graphisoft employees, its Partners, 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.
* Graphisoft warrants that - if the Software is delivered on DVD(s) - the DVDs on which the Software are delivered will be free from defects for a period of 90 days from the original date of purchase as indicated by Your purchase receipt.
* This limited warranty is void if the failure of the DVDs in any way resulted from accident, negligence, misuse, abuse, theft, loss, or misapplication.
* The limited warranty period commences on the date that the Software was first purchased/provided from Graphisoft or a Graphisoft partner (i.e. the warranty period shall not restart in case of resale, upgrade, update, etc. of the Software).
* If, within the warranty period, Your DVDs prove defective, Graphisoft's entire liability and Your exclusive remedy shall be, at Graphisoft's option, to:
- replace the defective DVDs free of charge provided that they are returned to Graphisoft along with a proof of purchase, or
- refund the price paid for the replacement license (if any). Any replacement DVD will be warranted for 90 days from the date that the replacement was shipped to You.
* EXCEPT FOR THE LIMITED WARRANTIES ON THE MEDIA, THE SOFTWARE IS SOLD "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. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE RULES OF LAW, 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 OR COOPERATION WITH ANY OTHER SOFTWARE/HARDWARE DEVICE.
B: Demo, Educational and Trial Mode
* TO THE MAXIMUM EXTENT ALLOWED BY THE RELEVANT RULES OF LAW 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 OR COOPERATION WITH ANY OTHER SOFTWARE/HARDWARE DEVICE.
9. OWNERSHIP OF LOADED CONTENT, THIRD PARTY MATERIALS, SERVICES
* All title, ownership rights, and proprietary rights in and to the information and other content (e.g. commercial and 3rd party add-ons) 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 https://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 or for the operation and use of third party materials, software and services.
*Both You and Graphisoft shall comply with all economic, trade and financial sanctions laws, regulations, embargoes and/or restrictive measures administered ("Sanctions"), as well as all export and import control laws and regulations ("Trade Controls") enacted or enforced by the government of Hungary, the European Union and any other relevant country;
* You represent and covenant on a continuing basis that - if You are a legal entity - neither You nor Your subsidiaries, affiliates, parties which directly or indirectly own or control you, directors, employees nor Your authorized users are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;
* Graphisoft represents and covenants on a continuing basis that neither it nor its subsidiaries, affiliates, employees, nor the parties which directly or indirectly own or control it are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;
* Graphisoft Software is licensed on conditions that the license shall not be sub-licensed, transferred, released, exported, provided or used by You (i) for any purpose or any activity which is prohibited or restricted by Sanctions and/or Trade Controls and (ii) to any country or territory subject to jurisdiction wide Sanctions including without limitation at the date of this Agreement North Korea, Iran, Syria, Sudan, Cuba. User is solely liable for any Content in compliance with applicable Sanctions and/or Trade Controls.
* Each Party undertakes to immediately notify the other Party in writing if it receives any notice of, or becomes aware of, any violation of this section 10;
* Notwithstanding anything to the contrary, either Party shall have the right to (i) terminate this Agreement immediately if any of the provisions of this section 10 are breached and (ii) seek indemnities from the Party which has breached the relevant provisions for any direct losses incurred.
11. GENERAL AND CLOSING 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 Partners.
* You accept that Graphisoft may unilaterally modify any term of this Agreement with or without notice to You. You agree that Graphisoft shall not be liable to you or anyone else for any negative effect deriving from such modifications. For the most recent version of EULA please visit http://www.graphisoft.com/legal webpage.
* 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.
* The English version of this Agreement will be the governing version used when interpreting or construing this Agreement. Any translations thereof shall exclusively be provided for information purposes without any binding force and in no event shall Graphisoft be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from any incorrect, incomplete translations.
* 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.
* Unless otherwise provided, the terms and conditions of this Agreement shall be applicable to the additional functionalities of the Software and to the services and content provided to You in relation to the Software (such as in particular the "SSA/Forward").
All inquiries regarding this Agreement should be directed to
Graphisoft SE Private European Company Limited by Shares
E-mail: mail@graphisoft.hu