Archicad EULA

IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT LICENSE AGREEMENT (“Agreement”) INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER 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 RETURN THE COMPLETE PACKAGE WITHIN THIRTY (30) DAYS OF YOUR PURCHASE DATE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND.

GRAPHISOFT SOFTWARE LICENSE AGREEMENT

GRAPHISOFT SE Private European Company Limited by Shares (“GRAPHISOFT”) licenses this Software to You, an individual or as the representative of and on behalf of Your employer (“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 Your employer and/or the entity on behalf of which You are acting. Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement. YOU MAY USE YOUR COPY OF THE SOFTWARE EITHER IN COMMERCIAL MODE OR IN TRIAL 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. WITHOUT THE HARDWARE KEY OR THE SOFTWARE KEY, ONLY THE DEMO MODE OF THE SOFTWARE CAN BE USED. THE SOFTWARE MAY BE USED IN TRIAL MODE FOR A LIMITED PERIOD OF TIME IF YOU HAVE A SERIAL NUMBER. IF YOU LACK ALL AUTHORIZATION (I.E. HARDWARE KEY, SOFTWARE KEY OR SERIAL NUMBER) FOR THE USAGE OF THE SOFTWARE, YOU MAY USE THE SOFTWARE IN DEMO MODE. This Agreement constitutes a non-exclusive, non-sublicenseable, 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 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.

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, the SOFTWARE KEY serial number 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. * The Software may contain technological measures that are designed to prevent unlicensed use of the Software. You hereby expressly accept that GRAPHISOFT or its assignee will use those measures 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 the right to GRAPHISOFT 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 hereby expressly accept that GRAPHISOFT or its assignee will collect, transmit and use for law enforcement purposes technical data from Your computer during this process necessary to detect and pursue the illegal use of the Software. * You acknowledge that GRAPHISOFT shall from time to time, for different reasons (e.g. reported to be stolen, destroyed or replaced), check whether the key running Your copy of the Software is in commercial release or not.

CONSENT TO USE OF DATA

* You expressly agree and give Your consent that during the term of this Agreement, Graphisoft may – in compliance with the Privacy Policy – collect, process, transfer and use information and files gathered as part of and related to Your use of the Software that may qualify as personal data for the purposes set forth herein and in the Privacy Policy. * The rights and obligations related to GRAPHISOFT’s data collection, handling, processing are set forth in the Privacy Policy constituting an inseparable part of this Agreement available at http://www.graphisoft.com/info/legal/privacy_policy/. * You ensure that Your employee shall give his/her consent required by the applicable rules of law to the collection, processing, transfer and usage of his/her personal information by Graphisoft.

LICENSE PARAMETERS

The license granted by this Agreement is subject to the License Parameters defined hereinafter:

LICENSE PARAMETER A: Commercial Mode

* The Software consists of a computer program downloadable from a website or delivered on one or several DVDs, a HARDWARE KEY or authorization key necessary for the SOFTWARE KEY installation, 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. In case you have signed up to a subscription license, the specific terms and conditions thereof are set out in the License Subscription Amendment to this Agreement. * You may use the Software on a single computer at a time. * You may make one copy of the Software in machine-readable form as a back-up.

LICENSE PARAMETER B: Trial Mode

* The Software consists of a computer program downloadable from a website or delivered on one or several DVDs. * The Software is equipped with a time-control disabling function connected to a serial number. You are allowed to use the Software for thirty (30) days starting from the date on which You install the Software. * 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. * You may make one copy of the Software in machine-readable form as a back-up. * To upgrade this copy to a commercial license, please contact the local distributor or GRAPHISOFT.

LICENSE PARAMETER C: Demo Mode

* You may use the Demo Mode if you lack a HARDWARE KEY or SOFTWARE KEY required for usage in Commercial Mode, or after the expiry of the serial number required for usage in Trial Mode. * In Demo Mode, You may explore the Software’s features without being able to use its Copy, Save and Teamwork functions.

RESTRICTIONS

A: Commercial Mode

* 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.

B: Trial Mode

* 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 after the trial period has expired. In order to continue to use the Software after the trial period, You must purchase the Software in order to be able to use it in Commercial Mode. * You may not use the Software for commercial or production purposes.

C: Demo Mode

* 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. NOTE: ALL REMAINING PROVISIONS OF THIS AGREEMENT APPLY TO ALL MODES OF THE SOFTWARE * 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 license 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’ (e.g.: ‘Archicad 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. 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.

AUDIT

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. 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.

TERMINATION

* This Agreement remains in effect until it is terminated.

A: Commercial Mode

* Upon the expiry of the time limit determined by the terms and conditions of your purchase of the Product, You may terminate this Agreement by destroying the Software and all copies of it or You may use the Software in Demo Mode. * Upon termination, You must destroy the Software and all copies of it and send back the HARDWARE KEY to the local partner of GRAPHISOFT or to the place where You purchased the Software or, if the foregoing is not available or will not accept the HARDWARE KEY, You must return the HARDWARE KEY directly to GRAPHISOFT. You must uninstall the SOFTWARE KEY with the license programming application.

B: Trial Mode

* Upon the expiry of the term determined by the serial number received, You may terminate this Agreement by destroying the Software and all copies of it or You may use the Software in Demo Mode.

C: Demo Mode

* Upon termination, You must destroy the Software and all copies of it. NOTE: ALL REMAINING PROVISIONS OF THIS AGREEMENT APPLY TO ALL MODES OF THE SOFTWARE * 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 or for any other damages.

LIMITED WARRANTY

* GRAPHISOFT warrants that the HARDWARE KEY will be free of defects for a period of 1 year from the original date of the Software’s first sale by Graphisoft/a GRAPHISOFT partner as indicated on the purchase receipt. * GRAPHISOFT warrants that the DVDs on which the Software is 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 or HARDWARE KEY 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 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 or HARDWARE KEY prove defective, Graphisoft’s entire liability and Your exclusive remedy shall be, at GRAPHISOFT’s option, to: a) repair or replace the defective DVDs or HARDWARE KEY free of charge provided that they are returned to GRAPHISOFT along with a proof of purchase, or b) refund the price paid for the replacement license. Any replacement DVD or HARDWARE KEY will be warranted for 90 days from the date that the replacement was shipped to You. You are entitled to the refund of the price you paid for the replacement software exclusively from the seller from whom You purchased the software. * EXCEPT FOR THE LIMITED WARRANTIES ON THE MEDIA AND THE HARDWARE KEY, 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. * No advice or information given by Graphisoft employees, its distributors, 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 expressly accept that – to the maximum extent permitted by the applicable rules of law – GRAPHISOFT excludes any warranty related to the SOFTWARE KEY. If Your SOFTWARE KEY is destroyed or damaged for any reason, You must re-purchase the SOFTWARE KEY under the current conditions. * 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.

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 http://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. * You accept that your use of Content downloaded from the “BIM Components” WEB Portal available at http://BIMcomponents.com either through a WEB browser or directly from the Software is subject to the Terms & Conditions of the “BIM Components” WEB Portal and separate license agreement(s) located at http://www.graphisoft.com/licenses, which You also accept by accepting the terms and conditions of this Agreement. GRAPHISOFT does not assume any liability for the co-operation of the Software with the BIM Components WEB Portal.

GENERAL CONDITIONS

* 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”). * In order to use and manage the SOFTWARE KEY, You acknowledge that You need to have a valid GRAPHISOFT ID, to be obtained from GRAPHISOFT at https://graphisoftid.graphisoft.com. * 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 distributors. * You accept that the Software may have time/functionality limited components, which may be used in their full functionality in case of purchase of the relevant license(s). * 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.

INQUIRIES

All inquiries regarding this Agreement should be directed to
GRAPHISOFT SE Private European Company Limited by Shares Záhony utca 7.
Budapest
H-1031 Hungary
www.graphisoft.com