1.1. GRAPHISOFT ID: GRAPHISOFT ID is a unique identifier, based on users’ email addresses, to allow unified login to various websites managed by GRAPHISOFT. Each user only needs one GRAPHISOFT ID to log in to multiple websites.
1.2. Site: any website that GRAPHISOFT manages that supports GRAPHISOFT ID authentication. GRAPHISOFT ID authentication is currently available for the following websites:
Unless otherwise provided for by a specific Site, this TOU is applicable to all Sites operated by GRAPHISOFT.
1.3. Local Representative: GRAPHISOFT’s distributor, reseller or agent. The list of current Local Representatives is available at http://www.graphisoft.com/info/where_to_buy.
1.4. Licenses: the right to use the computer program made available for the end user by GRAPHISOFT. The software to be used by the Licenses may have specific terms and conditions.
1.5. You: the natural or legal person for whom GRAPHISOFT makes the Site available for use, including all services, content, licenses, information, documents, communications, files, text, graphics, software, and products available through the Site.
2. YOUR ACCOUNT
2.1. In order to use the Site or the services available through the site, You need to open an account (including setting up a GRAPHISOFT ID and password) directly at the Site, or sign in to the Site through Your Facebook or Google+ profile. You are entirely responsible for maintaining the confidentiality of the information You hold for Your GRAPHISOFT ID and for Your Facebook and Google+ accounts, including Your passwords, and for any and all activity that may occur concerning Your accounts as a result of Your failing to keep this information secure and confidential. Please note that GRAPHISOFT is able to assist You in any breach of security matters exclusively in cases that involve setting up a GRAPHISOFT ID and password directly at the Site. In case of breaches of security occurring in connection with Your Facebook or Google+ profile, the relevant policies of these service providers are applicable and GRAPHISOFT is unable to support You.
2.2. You agree to notify GRAPHISOFT at and Your Local Representative immediately of any unauthorized use of Your GRAPHISOFT ID account or password, or any other breach of security. GRAPHISOFT handles misuses on the basis of its relevant commercial and business policies. You must contact Your Local Representative for the relevant rules.
2.3. You may be held liable for losses incurred by GRAPHISOFT or any other user of or visitor to the Site due to someone else using Your GRAPHISOFT ID account as a result of Your failing to keep Your account information secure and confidential.
2.4. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and for ensuring that You “log off”/exit from Your Site account (if applicable) at the end of each session.
2.5. You hereby agree to accept responsibility for all activities that occur under Your account or password.
2.6. You may not use anyone else’s GRAPHISOFT ID account at any time without the express permission and consent of the holder of that GRAPHISOFT ID account. GRAPHISOFT cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
2.7. GRAPHISOFT reserves the right to refuse to set up an account, to terminate accounts, and to remove or edit inappropriate or unlawful content uploaded by end users at its sole discretion.
3. YOUR USE OF THE SITE
3.1. Eligibility. You may use the Site only if You are (a) over 18 years old and (b) allowed by law to enter into a binding contract.
3.2. GRAPHISOFT’s Access. GRAPHISOFT will not access, view, or listen to any of Your content, except as reasonably necessary to operate the Site. Actions reasonably necessary to operate the Site may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.
3.3. Level of Access. GRAPHISOFT does not monitor or control what others do with Your content. You are responsible for determining the limitations that are placed on Your content and for applying the appropriate level of access to Your content. If You do not choose the access level to apply to Your content, the system may default to its most permissive setting. It’s Your responsibility to let other users know how Your content may be shared and to adjust the setting related to accessing or sharing of Your content.
3.4. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. GRAPHISOFT reserves the right to bar any such activity.
3.5. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any GRAPHISOFT server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
3.6. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of GRAPHISOFT, including any GRAPHISOFT account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
3.7. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GRAPHISOFT’s systems or networks, or any systems or networks connected to the Site or to GRAPHISOFT.
3.8. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
3.9. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to GRAPHISOFT on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
3.11. Misuse. You must not misuse the Site or any content thereon for any purposes different from the purposes specified herein or on the Site or without the express permit of the IP right holder. In particular, You must not:
- (a) copy, modify, host, sublicense, or resell the Site or any content thereon;
- (b) enable or allow others to use the Site or any content thereon using Your account information;
- (d) access or attempt to access the Site by any means other than the interface we provided or authorized;
- (e) circumvent any access or use restrictions put into place to prevent certain uses of the Site;
- (i) attempt to disable, impair or destroy the Site;
- (l) market or advertise any products or services through the Site unless GRAPHISOFT specifically allowed You to do so;
- (m) use any data mining or similar data gathering and extraction methods in connection with the Site; or
- (n) violate applicable law.
4. USE OF SITE INFORMATION
You may download, view, print and copy documents and graphics incorporated in the documents from the Site (hereinafter collectively referred to as the “Documents”) subject to the following: the Documents may be used solely for personal, informational, non-commercial purposes; the Documents may not be modified or altered in any way. Except where Your use constitutes "fair use" under copyright law, You may not otherwise use, download, upload, copy, print, display, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without written authorization from GRAPHISOFT. This section 4 is not applicable to licenses available through the Site.
5. INFORMATION YOU SEND TO US
We welcome Your feedback on our products and services available through the Site. To avoid dispute, however, You agree that any information that You send to us, including but not limited to all suggestions, ideas, concepts, messages, emails, samples, and all other content or submissions shall be deemed, and shall remain, the property of GRAPHISOFT and You hereby assign all rights in these submissions to GRAPHISOFT. If for any reason any rights in any submissions are not assigned, to the maximum extent permitted by the applicable rules of law, You hereby grant GRAPHISOFT a perpetual, irrevocable, fully paid license to use the submissions for any purpose whatsoever. You also hereby give Your consent for GRAPHISOFT to use Your name in connection with Your submissions, or for promotional purposes.
6. LINKS TO OTHER WEBSITES
This site contains links to other websites and access to content, products, and services from third parties. GRAPHISOFT provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by GRAPHISOFT of the Site. You agree that GRAPHISOFT is not responsible for the privacy practices of, availability of or content provided on third party websites. Please refer to the policies of the respective site.
7. NO SPAMMING
We post several email addresses on our Site for Your convenience in contacting us and for participating in forums and contests. You agree not to gather any such email addresses for the purposes of sending bulk email (i.e. spamming).
8.1. Except where expressly provided otherwise in a written agreement between You and GRAPHISOFT, this Site, and all content, materials, information, software, products and services provided on the Site, to the maximum extent permitted by the applicable rules of law, are provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement.
8.2. GRAPHISOFT makes no warranty that the Site will meet Your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that this site is free of viruses or other harmful components; or that the quality of any products, services, information, or other material purchased or obtained by You through the Site will meet Your expectations.
8.3. Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at Your own discretion and risk. GRAPHISOFT shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software.
8.3. GRAPHISOFT reserves the right to make changes or updates to the Site at any time without notice.
8.5. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8.6. GRAPHISOFT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by the applicable rules of law, in no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by You or any third party, whether on the basis of breach of contract or warranty, negligence or tort, arising from Your access to, or use of, the Site or from any other claim related to the Site.
As a condition of use of this Site, You, the end user, agree to indemnify GRAPHISOFT, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by You of these terms and conditions.
11. COPYRIGHT/TRADEMARK INFORMATION
11.1. The Site and the content uploaded thereto are owned by GRAPHISOFT and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, GRAPHISOFT reserves all rights related to the Site and the content uploaded thereto not expressly granted hereunder. If You use the Site in non-compliance with any of these terms, You are violating copyright and/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.
11.2. GRAPHISOFT, ARCHICAD, and ArchiFM are registered trademarks of GRAPHISOFT SE. All rights reserved worldwide.
11.3. Unless otherwise specified, the following notice applies to all contents of this Site: Copyright © 2015 GRAPHISOFT SE. GRAPHISOFT Park 1, H-1031 Budapest, Hungary. All rights reserved worldwide.
GRAPHISOFT uses industry-standard encryption to protect the confidentiality of all information transferred to or accessed on the Site. All information transferred between Your computer and GRAPHISOFT servers are encrypted to protect the information in transit. With SSL technology, the web address starts with "https://" instead of "http://" to indicate that Your information is encrypted during transmission.
13. CONSENT TO USE OF DATA
13.2. You expressly agree and give Your consent that during the term of these terms, GRAPHISOFT may collect, process or use this information qualifying as personal data to improve its products and services or to provide customized services or technologies or to troubleshoot any deficiencies in compliance with the applicable rules of law.
13.3. GRAPHISOFT hereby represents and warrants that GRAPHISOFT shall take all reasonable measures to prevent the unpermitted disclosure of the information qualifying as personal data to third persons.
13.4. You may request information concerning the data relating to You stored by GRAPHISOFT. In addition, You may request the rectification or erasure of Your personal data stored by GRAPHISOFT in accordance with the governing rules of law. In such a case please send Your request to .
14.1 Termination by you. You may stop using the Site at any time. Termination of Your account does not relieve You of any obligation to pay any outstanding fees and other obligations if any.
14.2 Termination by GRAPHISOFT. If GRAPHISOFT terminates these terms for reasons other than for cause, then we will make reasonable effort to notify You at least 30 days prior to termination via the email address You provide to us, with instructions on how to retrieve Your content. GRAPHISOFT may at any time terminate these terms with You if:
- (a) You breach any provision of these terms (or act in a manner that clearly shows You do not intend to, or are unable to, comply with these terms);
- (b) You fail to make the timely payment of related fees, if any;
- (c) we are required to do so by law;
- (d) we elect to discontinue the operation of the Site, in whole or in part; or
- (e) there has been an extended period of inactivity in Your account.
14.3. Upon expiration or termination of these terms, any perpetual licenses You have granted, Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon expiration or termination of these terms, the Site may cease to operate without prior notice.
16.1. By accepting these terms, 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 these terms.
16.2. These terms DO NOT give You the right to any technical support 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 under terms to be determined from time to time by GRAPHISOFT or its Local Representatives.
16.3. You accept that the Site may have time/functionality limited components, which may be used in their full functionality in case of purchase of the relevant license(s).
16.4 These terms constitute the full, complete agreement between You and GRAPHISOFT concerning the Site and supersede all prior agreements and understandings, either written or oral.
16.5. If any part or provision of these terms 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 part shall remain in full force and effect.
16.6. The English version of these terms will be the governing version used when interpreting or construing these terms. Any translations thereof shall be provided exclusively for informational 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.
16.7. These terms are 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.