IMPORTANT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE LICENSED WORKS REFERENCED IN THIS END-USER LICENSE AGREEMENT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY GRAPHISOFT SCANDINAVIA AS TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
DDScad End-User License Agreement
This DDScad End-User License Agreement (the “Agreement” or “EULA”) is a legally binding agreement between you (either an individual or a single entity) and Graphisoft Scandinavia AS (registered address: Engelsvollvegen 264, 4353 KLEPP STASJON, Norway; Organizational number: NO 976 931 335; hereinafter referred to as the "Licensor") for the Licensed Works provided pursuant to this Agreement. For the purposes of this Agreement each of the following software products (the “Software”) qualify as a Licensed Work: DDScad MEP, DDScad 19, DDScad Viewer and all other Software enlisted at https://graphisoft.com/solutions/ddscad#products.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED WORKS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE LICENSED WORKS. USING ANY PART OF THE LICENSED WORKS INDICATES THAT YOU ACCEPT THESE TERMS.
1. LICENSE
1.1. GRANT OF LICENSE: the Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Licensed Works on a single computer, for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights of Licensor.
1.2. ASSENT: By opening the file package containing a Licensed Work, or installing, copying, or otherwise using a Licensed Work, you agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.
1.3. OWNERSHIP OF LICENSED WORKS AND RELATED MATERIALS: The Licensor and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with the Licensed Works. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR’S OWNERSHIP.
2. RESTRICTIONS:
* You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter the Licensed Works or any portion thereof.
* You may take a single copy of materials within the package or otherwise related to the Licensed Works only as required for backup purposes.
* You may not remove, alter, deface, overprint or otherwise obscure Licensor’s patent, trademark, service mark or copyright notices.
* You agree that the Licensed Works will not be shipped, transferred, or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions, or regulations.
* You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation, help files, examples, and benchmarks.
3. TERM AND TERMINATION:
* This Agreement is effective until terminated.
* You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works.
* The Licensor may terminate this Agreement with immediate effect upon the breach of any material provisions thereof by Customer. Material provisions include among others “OWNERSHIP OF LICENSED WORKS AND RELATED MATERIALS” and each paragraph of the “RESTRICTIONS”.
* Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials. 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 compensation of any other damages.
* Upon termination by Licensor You are obliged to compensate Licensor for its damages and expenses occurring in connection with the breach of this Agreement and Licensor shall be entitled to enforce other rights and claims under the governing laws in force.
* Your license(s) to the Licensed Works is terminated if the Licensor at any time and for any reason, including to address competitive demands, respond to a government regulation, order, or law, or to advance innovation in its offerings, terminates in whole or in part the Software or ceases to provide by sale or other means. On the designated date for a product End-of-Life, Licensor will no longer provide: (i) Technical Support; (ii) Updates; and/or (iii) support services (“End-of-Life”). For any Licensed Work subject to an End-of-Life designation, Licensor will post relevant dates on its website at least ninety (90) days prior to the End-of-Life effective date and will use commercially reasonable efforts to assist You in such transition.
4. CLOUD LICENSING:
LICENSOR may offer You cloud licensING for the purposes of INCREASING secure licensing of the software. The cloud license can ONLY be used with a VALID GRAPHISOFT ID. users without a VALID GRAPHISOFT ID will not be able to activate THE SOFTWARE on their computer. To activate and use the cloud license you need an internet connection (steps: SOFTWARE download, installation, GRAPHISOFT ID login, automatic license activation). Only the latest program versions (STARTING FROM VERSION 19) will support the cloud licensing. YOU will not be able to launch FORMER Versions of the software, BUT YOU CAN CONVERT AND ACCESS PROJECT FILES FROM FORMER VERSIONS TO THE NEW ONE. AFTER CONVERSION, THE PROJECT WON'T BE ACCESSIBLE WITH OLDER VERSIONS.
As a special type of the cloud licenSing, the named cloud license can be used exCLUSively with GRAPHISOFT ID AND assigned TO ONE by the GRAPHISOFT ID administrator. After activating the cloud license, the user can use the license on a machine without internet connection FOR A LIMITED TIME PERIOD but must be online periodically (as defined by graphisoft SCANDINAVIA AS) to renew the license. A named cloud license can only be used on one machine at a time, no concurrent use is allowed.
WHEN USING A cloud license IT is prohibited TO:
* mark a license on an offline machine as unused in the server-side registry and activate it on a new machine
* to share the Graphisoft ID name and password with others to use the program from several machines in parallel with ONE license.
IF YOU LACK ALL THE PROPER AUTHORIZATIONS (FOR EXAMPLE HARDWARE KEY, SOFTWARE KEY OR APPROPRIATE SERIAL NUMBER) FOR THE USAGE OF THE SOFTWARE, YOU CANNOT USE THE SOFTWARE.
5. SUBSCRIPTIONS:
* In case you have signed up to a subscription license ("Subscription"), the specific terms and conditions thereof are set out in the relevant Terms of Service ("TOS"). The TOS constitutes inseparable part of this Agreement and shall be provided to You directly.
* By accepting the terms and conditions of this Agreement you also accept the terms and conditions of the TOS made available to you.
6. PRIVACY:
Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data will be collected and processed by the Licensor for the purposes related to the conclusion and performance of this Agreement, including the fulfillment of Your obligations, such as those related to Licensor’s intellectual property rights. In line with the above, in particular the following data processing take place related to this Agreement under the respective terms and conditions.
6.1. Customer Involvement Program (CIP)
* The Licensed Works collect data about your program usage, the features you most often use, your computer’s technical, configuration information and its performance, product information, license type, location information (such as country, region, city), your internet protocol address and the graphics user ID (GUID) number. Your GUID is needed to interconnect the data coming from the same User to make statistically correct conclusions about the Software’s usage.
* The collected data is pseudonym, which means Licensor is not able to identify you unless you provide your GUID to Licensor.
* Purpose of the data processing: collect feedback and assess on how You use the Licensed Works, their functionalities, new features, malfunctions in order to improve the Licensed Works and create solutions to common problems.
* CIP runs in the background only if you have consented to it and you can withdraw it anytime in the program after which no report is sent anymore. Withdrawing consent stops sending CIP reports, but it does not mean that previously sent personal data is deleted.
* The legal basis of data processing is your consent under point b. of Article 6(1) GDPR.
* Your IP data is forwarded to our sub-processor to get information about your city, region, and country; the data processing might take place outside of EU and EEA.
* Your IP address will be captured temporary until your location (country, city) is identified.
* Duration of the data processing: as long as Licensor provides technical support for the respective version of the Licensed Works, but maximum for five (5) years period of time from the data collection date.
6.2. Crash report
* Purpose of the crash report is to support the identification and improvement of the Licensed Works’ defects. Crash report is sent by the Licensed Works to the Licensor with your approval when the Licensed Works identify malicious operation or fatal error causing the Licensed Works’ complete breakdown.
* Report includes all data that CIP contains, the license information and your first name, last name, email address and company if you provide those. You can review and select the error files that the Licensed Works send to the Licensor.
* Report collects and stores the data for ten (10) days; if no crash occurs during these 10 days, then files are deleted, and data collection re-starts for ten (10) days.
* Report is sent to the Licensor only if you provide your consent and your consent applies to one set of report only; you will be asked, and your consent need to be provided for every single crash report submission.
* Duration of the data processing: as long as the Licensor provides technical support for the respective version of the Licensed Works, but maximum for five (5) years period of time from the data collection date.
6.3. Web updates
* Once the user initiates the Licensed Works update checking process, the license ID is verified by the Licensor’s servers for checking the eligibility for updates.
* The Licensed Works collect and send to the Licensor certain data of the Software (such as the version number, localization, and operation mode of the Licensed Works) and the license ID.
* Purpose of the data processing: to identify eligibility to Licensed Works updates.
* 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). If You are an entity, then no personal data is collected.
* Duration of the data processing: the term of Your license.
6.4. Additionally for Subscription customers only (with cloud license):
* To use the subscribed Licensed Works, the users must login with their Graphisoft ID, as the Licensor uses a 3rd party identity service provider to whom the Graphisoft ID data is transferred for authentication purposes.
* 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: the term of Your license.
7. WARRANTIES AND DISCLAIMER:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. GENERAL AND CLOSING CONDITIONS
8.1. SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
8.2. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding between you and Licensor and this Agreement supersedes all prior agreements, whether written or oral, with respect to the Licensed Works. Any terms and conditions of this Agreement and all other applicable legal documents may be modified unilaterally by the Licensor without prior notice to you without any legal or financial consequences for the Licensor. You are responsible for regularly reviewing these terms and conditions. Continued use of the Licensed Works following any such changes shall constitute your acceptance of such changes. Any amendments made by Licensor cannot be unreasonable or significantly detrimental for you.
8.3. LANGUAGE AND NOTICES: 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 the Licensor be liable for any direct, indirect, incidental, special, or consequential damages or damages whatsoever resulting from any incorrect, incomplete translations.
8.4. SPECIAL PROVISIONS APPLICABLE TO DDSCAD VIEWER: the DDScad Viewer is an OPEN BIM tool provided to you free of charge. The limited features are described at https://graphisoft.com/solutions/ddscad/viewer.
Graphisoft Scandinavia AS
Øksnevad Næringspark
Engelsvollvegen 264
N-4353 Klepp Stasjon
Norway
Telephone: +47 51 78 89 00
Fax: +47 51 78 89 01
E-mail: post-gssc@graphisoft.com
Organizational number: NO 976 931 335