End-User License Agreement (EULA)
PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE APPLICATION. BY USING THE APPLICATION, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Application Use and Limitations
1.1. You acknowledge and agree that the application ("Application") provided to you is not intended to be used or relied on in any way for actual construction purposes. The Application is not a contract document under the terms of any construction contract or documents ("Construction Documents"), and it may not accurately reflect values, quantities, accuracy, or dimensions relating to any construction project, Construction Documents, or construction or design model.
1.2. You agree that the Application will be used for general reference purposes only. It should not be considered as a substitute for professional advice or judgment. Any decisions or actions taken based on the information provided by the Application are solely your responsibility.
1.3. Neither this Agreement nor any use of the Application will have any bearing on or be deemed to alter any rights or obligations of parties under any Construction Documents, including, without limitation, the model provider. They will not modify the relationship between the parties to Construction Documents in any way. The Construction Documents take precedence over this Agreement.
2. License and Restrictions
2.1. Subject to the terms and conditions of this Agreement, the Application provider grants you a limited, non-exclusive, non-transferable license to use the Application for your personal or internal business purposes.
2.2. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Intellectual Property Rights
3.1. The Application and all intellectual property rights associated with it, including but not limited to copyrights, trademarks, and trade secrets, are and will remain the exclusive property of the Application provider.
3.2. You are granted a limited, non-exclusive, non-transferable license to use the Application for your personal or internal business purposes in accordance with the terms and conditions of this Agreement.
3.3. You shall not modify, reverse engineer, disassemble, decompile, or create derivative works based on the Application, nor shall you remove any proprietary notices or labels from the Application.
4. Collection and Use of Your Information
4.1. You acknowledge that when you download, install, or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your devices and your use of the Application. You may also be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality.
4.2. All information collected through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4.3. Any and all data received from you or other third parties acting on your behalf in connection with, or generated by your use of, the Application (collectively, "Use Data") is and shall be the sole and exclusive property of the Company. The Company may use, modify, and exploit such Use Data for any and all purposes, including, without limitation, selling it to third parties. However, any Use Data that the Company may sell to third parties will be aggregated and will not contain any personally identifiable information.
4.4. To the extent you own any rights in the Use Data, you hereby agree to, and hereby do, assign all right, title, and interest in and to the Use Data to the Company. You agree to perform all acts reasonably requested by the Company to perfect and enforce such rights.
5. Third-Party Materials
5.1. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials, CAD files and/or Building Information Model and design elements of a construction project) or provide links to third-party websites or services ("Third-Party Materials").
5.2. You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
5.3. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
6. Limitation of Liability
6.1. To the maximum extent permitted by applicable law, the Application provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Application, even if the Application provider has been advised of the possibility of such damages.
6.2. In no event shall the Application provider's total liability to you for all damages exceed the amount you paid for the license to use the Application.
6.3. Model providers make no warranties, express or implied, regarding the CAD files’ accuracy, correctness or completeness, or the CAD files’ merchantability or fitness for a particular purpose.
YOU HEREBY RELEASE, DISCLAIM AND WAIVE ANY LIABILITY OR CLAIMS AGAINST ANY MODEL PROVIDER USING THE APPLICATION, THEIR EMPLOYEES, AGENTS, OR SUCCESSORS, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE USE OF THE APPLICATION AND INFORMATION CONTAINED THEREIN; AND ANY AND ALL WARRANTIES REGARDING THE SAME, EXPRESS OR IMPLIED, ARE HEREBY WAIVED.
7. Termination
7.1. This Agreement is effective until terminated by either party. You may terminate this Agreement by discontinuing the use of the Application and destroying all copies of the Application in your possession.
7.2. The Application provider may terminate this Agreement immediately and without notice if you breach any provision of this Agreement.
8. Governing Law
8.1. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
8.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction].
9. Severability
9.1. If any provision of this agreement is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall not be affected or impaired.
9.2. If any modified provision is not valid, legal, or enforceable, it shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
By using the Application, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree with any provision of this Agreement, you should not use the Application.
Last updated: July 7, 2023