VIZCODE DEVELOPMENT AB
BIMXplorer™ END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE
This End-User License Agreement (“EULA”) is a legal agreement between You (either an individual or a single legal entity) and VIZCODE DEVELOPMENT AB (“VIZCODE”) authorizing You to use the Software (“BIMXplorer”, as defined below) under the terms and conditions set forth below. By installing, downloading, copying, or otherwise using the Software and/or clicking the applicable button to complete the installation process, You consent to the terms of this EULA, and You agree to be bound by this EULA. If You do not wish to become a party of this EULA and bound by all of its terms and conditions, click the appropriate button to cancel the installation process, do not install or use the Software, and immediately delete all of the Software and any accompanying User Documentation.
This Software is owned by VIZCODE and is protected by copyright law and international treaties. The Software is licensed to You, not sold.
As used in this EULA, the following terms have the following meanings:
1.1 “Software” means the current (latest) version of BIMXplorer that is downloaded and installed from the BIMXplorer website (www.bimxplorer.com).
1.2 “Update” means a subsequent version of the Software that You have previously licensed from VIZCODE that primarily addresses bug fixes and may contain minor and/or major functional improvements. An Update is a new release of the Software requiring a new installation.
1.3 “Upgrade” means a subsequent version of the Software that You have previously licensed from VIZCODE which adds new and/or extended functionality and, if necessary, contains bug fixes for previous versions. An Upgrade is a new release of the Software requiring a new installation.
2. LICENSE GRANTS
2.1 Trial Period License. Subject to the terms and conditions of this EULA You may download and use the Software for free for thirty (30) days after installation ("Trial Period"). During the Trial Period, VIZCODE grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes. The trial version of the Software may be installed and used on any number of computers owned or controlled by You for evaluation purposes. At VIZCODEs discretion, VIZCODE may provide limited support through email during the Trial Period. The trial period license will expire at the end of the Trial Period. Upon the expiration of the Trial Period, the Software will automatically cease to operate. Continued use of the Software beyond the trial period requires the purchase of a Full License.
2.2 Full License. This Software is licensed, not sold. During the Trial Period, You have the option of paying an annual license fee in order to use the Software after expiration of the Trial Period. Annual in this case means a twelve (12)-month period. Before the end of each twelve (12)-month period, You will have the option of renewing the license for another twelve (12)-month period. Subject to the terms and conditions of this EULA and payment of the annual license fee to VIZCODE, VIZCODE provides you with a username/password (“Floating License Account”) for access to the BIMXplorer floating license server and grants you a limited, non-exclusive, non-transferable license to use the Software according to the following additional terms and conditions:
(a) You may install and use the Software on any number of computers owned by You (with the maximum concurrent users limited to the number of floating licenses that You hold).
(b) If the computer(s) on which You have installed and are using the Software on is/are a multi-user system(s), then this EULA covers all users on that/those system(s). To clarify; any number of different users within Your organization are allowed to use the Software on a computer which have a valid License for the Software.
(c) You may make copies of the Software and/or the Floating License Account details for backup and archival purposes.
3. LICENSE RESTRICTIONS
3.1 You may not provide or make available by any means the Floating License Account to any third party. You undertake to take such steps as are necessary in order to protect the Floating License Account against unauthorized use.
3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. UPDATES AND UPGRADES
4.1 VIZCODE is not obligated to provide Updates or Upgrades to the Software; however, VIZCODE may, at its sole discretion, make Updates and Upgrades to the Software available by general posting on the BIMXplorer website or by any other means or methods. If You hold a valid License (i.e. You are within the twelve (12)-month period covered by the annual license fee) for the previous version of the Software You will get Updates and Upgrades free of charge. An Update or Upgrade may be made available pursuant to the terms of this EULA OR the release of an Update or Upgrade to You may be subject to Your acceptance of another agreement. Both Updates and Upgrades are considered new releases of the Software and require a new installation. VIZCODE retains the sole right to decide when a new release/version of the Software is considered an Update or an Upgrade.
5.1 Any form of technical support service for the Software is provided solely at the discretion of VIZCODE. VIZCODE has, however, no obligation to provide You with such support or any other maintenance, technical or other support for the Software unless separately agreed in writing between You and VIZCODE.
6. TERM AND TERMINATION
6.1 License Term. Subject to the terms of this EULA and unless terminated earlier in accordance with this EULA, a Full License (i.e. Floating License) will terminate at the end of the twelve (12)-month period covered by the annual license fee. Before the end of this period, You will have the option of renewing the license for another twelve (12)-month period. A Trial License will terminate automatically at the end of the Trial Period. With respect to any license type, Your rights to use the Software will terminate automatically or otherwise cease to be effective without notice from VIZCODE if You fail to comply with any term(s) of this EULA. You may terminate this EULA at any time by uninstalling and permanently deleting the Software, all backup copies and all related materials provided by VIZCODE.
6.2 Termination. Upon termination of the license grant or this EULA, You must immediately cease all use of the Software, and immediately delete or destroy the Software, all backup copies and all related documentation. VIZCODE reserves the right to require You to show satisfactory proof that all copies of the Software have been uninstalled and the Software, all backup copies and any related documentation have been destroyed. Sections 3, 6, 7, 8, 9, 10 and 11 shall survive any expiration or termination of this EULA.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1 This Agreement gives you limited rights to use the Software. VIZCODE retain any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this EULA, including International Copyrights, are reserved by VIZCODE. The structure, organization and code of the Software are valuable trade secrets and confidential information of VIZCODE. The Software is licensed, not sold, and You do not acquire any rights of ownership in the Software.
8. WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW VIZCODE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY VIZCODE OR BY ANY OTHER PARTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIZCODE BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VIZCODE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some countries/states/jurisdictions do not allow the exclusion or limitation of liability, but may allow liability to be limited, in such cases, VIZCODE’S liability shall be limited to the amount paid by You for the Software.
All notices should be delivered to:
VIZCODE DEVELOPMENT AB
c/o Mikael Johansson
437 42 LINDOME
11. APPLICABLE LAW AND GENERAL PROVISIONS
This EULA is governed by the laws of Sweden without regard to the conflict of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. All disputes arising from or relating to this EULA shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration proceedings shall be conducted in the English language and take place in Gothenburg, Sweden
This is the entire EULA between VIZCODE and You relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising with respect to the Software. If any provision of this EULA is found void, invalid or unenforceable in whole or in part under applicable law, it will not affect the validity of the rest of the EULA, which shall remain valid and enforceable according to its terms. This Agreement may only be amended by a writing signed by an authorized officer of VIZCODE, although VIZCODE may vary the terms of this EULA.