United States site instead?PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT SOFTWARE AGREEMENT ("AGREEMENT") INCLUDING THE LIMITED WARRANTY, PERSONAL DATA HANDLING AND DISCLAIMERS FOR YOURSELF AS CUSTOMER, YOUR EMPLOYER (IF ANY) 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 DELETE ALL INSTALLER FILES AND IF APPLICABLE RETURN THE COMPLETE PACKAGE TO THE PLACE FROM WHERE IT WAS PURCHASED.
GRAPHISOFT SOFTWARE AGREEMENT
Graphisoft SE Private European Company Limited by Shares, Záhony utca 7. Budapest, H-1031 Hungary https://graphisoft.com ("Graphisoft") licenses this Software to You, an individual or as the representative of and on behalf of Your employer (collectively referred to as "You" or "User") only upon the condition that You accept all of the terms contained in this Agreement.
PART A: GRAPHISOFT SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT")
1. LICENSE
1.1. By accepting the terms of this Agreement, You expressly declare and confirm that You have the full power and capacity to represent Yourself, Your employer and/or the entity on behalf of which You are acting (if any). Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.
1.2. This Agreement constitutes a non-exclusive, non-transferable, non-sublicensable, 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") for the purposes of assisting the comparison of project files created in Archicad. The Software is licensed, not sold, to You exclusively for Your own use under the terms and conditions of this Agreement.
1.3. The licensor of the Software is Graphisoft and the Software is 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.
1.4. Graphisoft may offer the opportunity to download and try updates which are in 'preview' (non-finalized) status, but this is on Your own discretion and - to the maximum extent permitted by the applicable rules of law - Graphisoft does not take any liability for the damage the update may cause.
1.5. You may use your copy of the software either in commercial mode, in trial mode or in demo mode.
1.6. You are entitled to use the commercial mode only if you have activated the cloud license on your computer.
1.7. The software may be used in trial mode or demo mode for a limited period of time and with limited functionalities if you have a proper license for that.
2. INTERNET-BASED AND NON-INTERNET BASED SERVICE COMPONENTS
2.1. 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 Cloud license serial number, and the related services to verify 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.
2.2. The Software may contain technological measures that are designed to prevent and detect unlicensed use of the Software. Utilizing the Software, You will also install these technical protection measures (hereinafter the "TPM") used by Graphisoft or its suppliers to collect, transmit and use for law enforcement purposes technical data from Your computer (hereinafter the "Technical Data") in order to prevent and detect unlicensed use of the Software and enforce Graphisoft's license and intellectual property rights.
2.3. You hereby expressly accept that Graphisoft or its assignee will use TPM 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.
2.4. 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 Graphisoft the right 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 shall be informed through an In-App message that Graphisoft identified You are using illegal, unauthorized software. The message both reports the illegal use to You and suggests a solution. In case You do not legalize the license within a reasonable but maximum fourteen (14) days time period the program will switch to demo mode.
3. INFORMATION AND CONSENT TO USE OF PERSONAL DATA
3.1. Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data (including those Technical Data collected and used by the TPM system) will be collected and processed by Graphisoft for the purposes related to the conclusion and performance of this Agreement, including the fulfillment of Your obligations, such as those related to Graphisoft'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:
3.1.1. Customer Experience Improvement Program ("CEIP")
3.1.1.1. The Software collects data on the time, frequency of use of each Software function; hardware, software, product information and some personal identification data (such as Graphisoft ID, hardware ID, User ID and Project ID) and sends it to Graphisoft.
3.1.1.2. The report is pseudonymous; Graphisoft has no interest in knowing who exactly provided the data, but only to interconnect the data coming from the same User to make statistically correct conclusions about Software usage. Nevertheless, to observe the existence of the marketing consent, the user's Graphisoft ID might get reverse-engineered for a short period of time if specific marketing purpose exists (e.g to identify and survey the users who use certain functions of the Software).
3.1.1.3. Graphisoft has implemented certain technical and organizational measures where the source information and encryption key, as well as their accesses are segregated ensuring that the collected data remains unidentified.
3.1.1.4. Purpose of the data processing: collect feedback and assess on how You use the software, its functionalities, new features, malfunctions in order to improve the software and create solutions to common problems.
3.1.1.5. CEIP runs automatically in the background. You can object to the data processing by emailing to [email protected], however due to the fact that the data collected is pseudonymous, in order to complete your request, you need to provide your identification to Graphisoft to be able to identify you. Legal base of the data processing: the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to improve the software according to User needs, increasing User satisfaction and consequently the number of Users. Duration of the data processing: as long as Graphisoft provides technical support for the respective version of the Software, but maximum for five (5) years period of time from the data collection date.
3.1.2. Customer Experience Improvement Program - for Subscription customers
3.1.2.1. In addition to point B.1., for Users having subscription the CEIP report includes the 'Company Graphisoft ID' which might be a personal identifier; however, the more Graphisoft ID is linked to 'Company Graphisoft ID', the less likely that it is a personal identifier, and You can be identified.
3.1.2.2. The purpose of the data processing: identification of subscription cancellation schemes, prevention of cancellations, identification of Customer life cycle and tracking its progress, provide structured telemetry report to the Customer as benefit. Data processing for these purposes occurs at 'Company Graphisoft ID' level.
3.1.2.3. Legal base of the data processing: the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to increase User satisfaction and to reduce customer churn.
3.1.2.4. Duration of the data processing: the 'Company Graphisoft ID' identifier is deleted maximum a year after the subscription is cancelled; the duration of any further data processing is in accordance with previously mentioned duration at Section 3.1.1.
3.1.3.1. BIMcloud processes the following data: Graphisoft ID of person activating BIMcloud, operational system data (such as OS name, build, architecture, platform), BIMcloud Server ID generated at installation, time of activation, BIMcloud version, time of data collection, number of BIMcloud users, number of BIMcloud Projects, number of BIMcloud Libraries, number of LDAP connections, time of last server activity, number of licenses, as stated in the BIMcloud EULA.
3.1.3.2. Purpose of data processing: improvement of the software and providing information on relevant functionalities and services.
3.1.3.3. Legal base of data processing: the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR.
3.1.3.4. Duration of the data processing: Graphisoft deletes all data within three (3) years following the end of the BIMcloud subscription.
3.1.4.1. As mentioned at Section 2.1, Graphisoft uses technical protection measures to combat illegal software usage. In order to detect illegal uses, protect Graphisoft's intellectual property and track software legalization, Graphisoft's data processors process Identity Data, Contact Data, Eligibility Data, Profile Data, Usage Data, Transaction Data and Technical Data, as defined in the Graphisoft Privacy Policy of the User, illegally using the software.
3.1.4.2. To ensure effective software legalization, Graphisoft transfers the necessary data to its contracted partners for further processing (if needed). During the processing activities the data might get processed outside of the EU, EEA countries.
3.1.4.3. Legal base of data processing: processing is necessary for the legitimate interest of Graphisoft according to point f. of Article 6(1) GDPR, which is to protect Graphisoft's Intellectual Property.
3.1.4.4. Duration of the data processing: as long as it is necessary to reach the data processing purposes.
For subscriptions, Graphisoft uses its identity management and license management service provider as data processor.
10Duke collects Graphisoft ID registration data and license information to verify your eligibility for the use of Graphisoft products.
Legal base of the data processing: if You are a natural person the performance of the contract b. of Article 6(1) GDPR; if You are an entity the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR.
Duration of the data processing: as long as you have a valid Graphisoft ID.
When User signs to Archicad, then the User's Graphisoft ID (first name, last name, email address) together with certain technical data (e.g. timestamp, city/country location) is provided to its identity management and license management service provider to verify the eligibility for the service. No other personal data is transferred to Graphisoft or other parties.
Graphisoft processes personal data only when authenticates Your Graphisoft ID.
The collected data is pseudonymous.
Legal base of data processing: if the Customer is an entity, then the contact data are processed based on the legitimate interest of Graphisoft (point f. of Article 6(1) GDPR), while if the Customer is a natural person the legal base is the performance of a contract to which the data subject is party (point b. of Article 6(1) GDPR).
Duration of data processing: as long as it is necessary to reach the data processing purposes.
4. LICENSE PARAMETERS
The license granted by this Agreement is subject to the License Parameters defined hereinafter:
The Software consists of a computer program downloadable from a website.
The license to the Software is unlimited in time.
5. RESTRICTIONS
5.1. 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 without the prior written consent of Graphisoft.
5.2. You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purpose whatsoever.
5.3. 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.
5.4. You may not use the Software for development, compilation, debugging and similar design-time purposes.
5.5. 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.
5.6. You may not copy any written materials accompanying the Software.
5.7. You are expressly prohibited from dividing Your license and reselling part(s) of it.
5.8. You may use all elements of the Software as integral components thereof exclusively for the purpose of performing the Software's functionalities set forth by Graphisoft.
5.9. Unless You have a separate Service Provider Agreement in force, You are expressly prohibited from providing 'Software 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.
5.10. You are prohibited from circumventing or supplying a system in order to circumvent the TPM of the Software and using the Software in any other unauthorized manner.
5.11. In case of a resold license, You i.e., the purchaser of the resold license, shall be required to re-register the license Graphisoft's appointed local Partner, and pay the applicable fees.
5.12. In case of unlawful Software usage, You must legalize Your use of the Software by (i) purchasing a license to the Software as determined by Graphisoft and (ii) compensating Graphisoft for its related damages and expenses.
6. TERMINATION
6.1. This Agreement remains in effect until it is terminated.
6.2. 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.
6.3. 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.
6.4. Your license to the Software terminates if Graphisoft, at any time and for any reason, including addressing competitive demands, encountering technical issues or changes in third party technologies involved, responding 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 the services necessary to the activation and operation of the license ("End-of-Life"). On the designated date for a product End-of-Life, Graphisoft will no longer provide: (i) Technical Support; (ii) Updates; and/or (iii) support services. For any Software subject to an End-of-Life designation, Graphisoft will post relevant data on its website (graphisoft.com) at least three hundred and sixty-five (365) days prior to the End-of-Life effective date and will use commercially reasonable efforts to assist You in such transition.
6.5. In the event of termination for any reason, under no circumstances will Graphisoft be liable to reimburse the price of the Software (if any) or for compensation of any other damages.
7. LIMITED WARRANTY
7.1. No advice or information given by Graphisoft employees, its Partners 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.
7.2. To the maximum extent permitted by the mandatory rules of applicable law, Graphisoft excludes its liability 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 or Partners 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.
7.3. 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.
7.4. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS AGREEMENT, 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 MANDATORY RULES OF APPLICABLE LAW, GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE DESIGNS, SIMULATIONS, CALCULATIONS, ETC. CREATED WITH SOFTWARE BEING COMPLIANT WITH APPLICABLE RULES AND STANDARDS, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE'S FUNCTIONS OR COOPERATION WITH ANY OTHER SOFTWARE/HARDWARE DEVICE. THE SOFTWARE COULD NOT BE TESTED FOR EVERY USAGE SITUATION THUS IT ONLY ASSISTS YOU IN YOUR DESIGN, CALCULATION ACTIVITIES AND THUS IT IS YOUR RESPONSIBILITY TO CHECK THE OUTPUTS OF THE SOFTWARE FOR ACCURACY AND COMPLETENESS.
8. OWNERSHIP OF LOADED CONTENT, THIRD-PARTY MATERIALS, SERVICES
8.1. All title, ownership rights, and proprietary rights in and to the information and other content (e.g. commercial and third-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.
8.2. 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 Agreement(s) located at https://graphisoft.com/licenses, which You also accept by accepting the terms and conditions of this Agreement.
8.3. 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 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 (add-ons) and services or for the operation and use of third-party materials, software (add-ons) and services.
8.4. SPECIAL PROVISIONS RELEVANT TO BIMcomponents:
You accept that your use of Content downloaded from the "BIM Components" web portal available at https://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 Agreement(s) located at https://graphisoft.com/legal, 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.
PART B: GENERAL AND CLOSING PROVISIONS
1. Intellectual Property, Branding. DDScad, MEP, Graphisoft, Archicad, BIMcloud, and BIMx and the Services and Benefits offered to Customer under this Agreement are trademarks and proprietary of Graphisoft and its licensors. For the detailed rules on INTELLECTUAL PROPERTY, BRANDING, please read Graphisoft's Intellectual Property Notice available at https://graphisoft.com/legal. Copyright © 2025 Graphisoft. All rights reserved worldwide.
2.1. Recipient must not use any of Discloser's Confidential Information for any purpose other than conducting Recipient's obligations or exercising its rights under this Agreement (the "Purpose").
2.2. Definition. As used in this Agreement, "Confidential Information" means information and materials provided by the disclosing Party ("Discloser") to the Party receiving such information or materials ("Recipient") that (a) are identified as confidential at the time of disclosure, or (b) a reasonable person in the relevant industries should understand to be confidential based on the nature of the information and materials and all other relevant factors. For the avoidance of doubt, Customer's Confidential Information includes, without limitation, Customer Data and Customer's non-public business plans, and Graphisoft's Confidential Information includes, without limitation, pricing terms offered under any Order Form, Graphisoft's non-public business plans, all non-public aspects of the Graphisoft Technology, and the results of any evaluation of the Service performed by or on behalf of Customer for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
2.3. Purpose. The receiving party: (a) shall not disclose Confidential Information to any employee or contractor of the receiving party unless such person needs access to such information as part of their job and is bound to this confidentiality clause; and (b) shall not disclose Confidential Information to any other third party without the disclosing party's prior written consent. Further, the receiving party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. The receiving party shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information that comes to the receiving party's attention. However, the receiving party may disclose Confidential Information if required by law or governmental authority. The receiving party shall give the disclosing party prompt notice (if legally permissible) of any such demand and cooperate with the disclosing party in any effort to seek a protective order or otherwise to contest such required disclosure, at the disclosing party's expense.
2.4. Exclusions. Recipient's obligations under this section do not apply to Discloser Confidential Information that Recipient can prove: (a) is or becomes part of the public domain through no fault of Recipient; (b) is rightfully in Recipient's possession free of any confidentiality obligation; (c) was independently developed by Recipient without using any Discloser Confidential Information; or (d) is communicated by Discloser to an unaffiliated third party free of confidentiality obligation. Disclosure by Recipient of Confidential Information (i) in response to a valid order or other legal process issued by a court or other governmental body having jurisdiction, (ii) as otherwise required by law, or (iii) necessary to establish the rights of either Party will not breach this Agreement if, to the extent legally permitted, Recipient gives prompt notice and reasonable cooperation so Discloser may seek to prevent or limit such disclosure.
3. Legal documents. This Agreement is to be construed and applied together with other Graphisoft legal documents such as, in particular but not limited to, Graphisoft's Privacy Policy (https://graphisoft.com/legal/privacy-policy), constituting inseparable part of this Agreement, which are available at https://graphisoft.com/legal. Any terms and conditions of this Agreement and the Service and Benefits List and all other applicable legal documents may be modified unilaterally by Graphisoft without prior notice to Customer without any legal or financial consequences for Graphisoft. Customer is responsible for regularly reviewing these terms and conditions. Continued use of the Software following any such changes shall constitute Customer's acceptance of such changes. Any amendments made by Graphisoft cannot be unreasonable or significantly detrimental for Customer.
4. Acceptance. By entering this Agreement, the Customer expressly declares and confirms that the person accepting this Agreement on behalf of the Customer has the full power and capacity to represent the Customer entity on behalf of which the person is acting. Should this declaration prove to be false, the person accepting this Agreement shall be responsible and liable in person for all obligations under this Agreement. Customer hereby authorizes the Selling Entity and Graphisoft to create, on behalf of Customer, the Company Graphisoft ID required under Section 2.1. PART C. above.
5. Anti-Bribery. Both Graphisoft and the Customer represent and covenant that they have not, and will not offer, give, solicit, or accept any bribe from any person, organization, or company with the intent to coerce or induce the other party or an employee or agent of the other party to act improperly in the course of their duties. If either party is found guilty of failing to prevent an act of bribery, or makes, offers, or solicits a bribe from the other party, then that party's rights under this Agreement will be terminated immediately. Such termination will not affect Graphisoft's rights and remedies surviving termination of this Agreement. Customer will use reasonable efforts to promptly notify Graphisoft if Customer becomes aware of any circumstances that are contrary to this acknowledgment.
6. Trade and Sanctions. In the context of this Agreement:
6.1. Each Party shall comply with all economic, trade and financial sanctions laws, regulations, embargoes and/or restrictive measures administered ("Sanctions"), as well as all export and import control laws and regulations ("Trade Controls") enacted or enforced by the governments of Hungary, the European Union, and any other relevant country;
6.2. Customer represents and covenants on a continuing basis that neither it nor its subsidiaries, affiliates, parties which directly or indirectly own or control it, directors, employees nor Customer's Users are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;
6.3. Graphisoft represents and covenants on a continuing basis that neither it nor its subsidiaries, affiliates, employees, nor the parties which directly or indirectly own or control it are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;
6.4. The license and Graphisoft products and services are made available on conditions that they shall not be sold, transferred, released, exported, provided or used by Customer and/or Customer's Users (i) for any purpose or any activity which is prohibited or restricted by Sanctions and/or Trade Controls and (ii) to any country or territory subject to jurisdiction wide Sanctions including without limitation at the date of this Agreement North Korea, Iran, Syria, Sudan, Cuba, Crimea & Sevastopol and other Ukrainian territories annexed by Russia. Customer and Customer's Users are solely liable for any Content in compliance with applicable Sanctions and/or Trade Controls;
6.5. Each Party undertakes to immediately notify the other Party in writing if it receives any notice of, or becomes aware of, any violation of this Section 6.;
6.6. Notwithstanding anything to the contrary, either Party shall have the right to (i) suspend the use of the licensed software; or (ii) terminate this Agreement immediately if any of the provisions of this Section 6 are breached and in both (i) and (ii) cases (iii) seek indemnities from the Party which has breached the relevant provisions for any direct losses incurred.
7. 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 carry out remote, electronic audit and/or physical audit by visiting You at the premises where You use the Software upon seven (7) 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. Graphisoft may also appoint a third party to exercise its audit rights. You hereby agree to fully cooperate with Graphisoft in order to successfully perform the audit among others by providing Graphisoft with all requested information and documents. You also ensure to bring your use of the software in-line with this Agreement (including but not limited to due payment of the applicable fees, acceptance of license terms, etc.) as contained in the result of the audit. In case of any non-compliances revealed by the audit related to your use of the software You shall reimburse the fees to Graphisoft arising from the performance of the audit at Graphisoft.
8. Privacy. You expressly acknowledge that You and Your authorized users' personal data processed under this Agreement will be processed, either manually or with the help of electronic or automated means, in such a way as to minimize, by means of suitable security measures, the risk of unauthorized access or disclosure of Your data. Your personal data will be processed during the term of this Agreement in relation to its purposes, also in order to prevent unlicensed use of the Software. For the above purposes Your personal data can be disclosed to third parties (service providers, consultants, collaborators, a list of which is available from within the Privacy Policy), either to other European Economic Area (EEA) or third countries, pursuant to the scope of this Agreement and any applicable law. In the event of any data transfers to third countries, Graphisoft always uses suitable safeguards (such as the standard contractual clauses adopted by the European Commission) to ensure adequate protection of personal data. Graphisoft reserves the right to disclose Your personal data to the competent legal authority if required to do so to enforce or defend its rights or legitimate interests before civil and criminal courts, regulatory bodies, or to execute an order of the competent judicial or regulatory authority. As End User of the Product, You have the right to access the personal data processed by Graphisoft, to obtain the updating or rectification of such data. You also have the right to obtain the erasure of any personal data if, for instance, such data has either been processed unlawfully or are no longer necessary for the purposes for which they were collected or otherwise processed. In certain cases, such as when the processing is unlawful and you oppose the erasure of your data, you have the right to obtain from Graphisoft the restriction of processing. You also have the right to receive the personal data concerning you, which you provided to Graphisoft, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller. If you consider that the processing of your personal data by Graphisoft infringed the GDPR, please contact us first at [email protected]; Graphisoft SE Business Compliance Manager; Záhony utca 7. Budapest, H-1031 Hungary so we can remedy the issue. Of course, in such cases you also have the right to lodge a complaint with the Hungarian Data Protection and Freedom of Information Authority (http://naih.hu) or another data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
If applicable, You ensure and warrant to us that Your authorized users' has been duly informed of the collection, processing, transfer and usage of his/her personal information by Graphisoft as per the above and shall indemnify and hold Graphisoft harmless from and against any related third-party claims.
The detailed rules regarding the various rights and obligations related to Graphisoft's data collection, use, transfer, handling, processing, including your subject access rights and rights to legal redress, are set forth in the Privacy Policy constituting an inseparable part of this Agreement available at https://graphisoft.com/legal/privacy-policy.
9. Modifications. You accept that Graphisoft may unilaterally modify any term of this Agreement with or without notice to You. You agree that Graphisoft shall not be liable to you or anyone else for any negative effect deriving from such modifications.
10. Entire Agreement. This Agreement, together with any applicable appendices (including any other terms referenced in any of those documents) as published at https://graphisoft.com/legal, constitutes the full, complete agreement between Customer and Graphisoft concerning the Software, the Services and Benefits and supersedes all prior agreements and understandings, either written or oral. Unless otherwise communicated to Customer 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.
11. Invalidity. 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.
12. Technical support, upgrades. 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 Partners.
13. Limited functionality. 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) and/or appropriate internet connection.
14. Graphisoft ID. In order to use and manage the software key or Cloud license (if any) or use certain services provided by Graphisoft, You acknowledge that You need to have a valid Graphisoft ID, to be obtained from Graphisoft at https://graphisoftid.graphisoft.com
15. Technical usage conditions. The Software is cloud licensed. To download the Software from the Internet you need appropriate internet connection and hardware, software environment. To use the Software you need to comply with the hardware and software requirements determined by Graphisoft at https://www.graphisoft.com/resources-and-support/system-requirements.
16. Additional functionalities. Unless otherwise provided by Graphisoft, 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.
17. Governing Law . This Agreement and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by the laws of Hungary without regard to the conflicts of law provisions of any jurisdiction. All provisions of this Agreement are subject to the mandatory rules of applicable law.
18. Dispute resolution. In the event of any dispute arising from or in connection with this Agreement, so especially with its breach, termination, validity or interpretation, the parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be 3 (three) and the language to be used in the arbitral proceedings shall be English. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration.
19. Independent Contractors. The Parties are independent contracting parties. Neither Party has, or will hold itself out as having, any right or authority to incur any obligation on behalf of the other Party. The Parties' relationship in connection with this Agreement will not be construed as a joint venture, partnership, franchise, employment, or agency relationship, or as imposing any liability upon either Party that otherwise might result from such a relationship.
20. Language and Notices. The English version of this Agreement, published at https://graphisoft.com/legal (End User License Agreements), 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. With respect to all notices, Parties communicate with each other in English language through their contact persons via email to the e-mail addresses indicated at Company Graphisoft ID for the Customer and to [email protected] related to the Agreement, respectively.
All inquiries regarding this Agreement should be directed to
Graphisoft SE Private European Company Limited by Shares
E-mail: [email protected]