IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE DDSCAD SOFTWARE LICENSE 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.

DDSCAD SOFTWARE LICENSE AGREEMENT

This DDScad End-User License Agreement (the “Agreement” or “EULA”) is a legally binding agreement between you (either an individual or a single entity) and dRofus AS (registered address: Badstugata 2, 0183 Oslo , Norway; Organizational number: NO 997466586; hereinafter referred to as the "Licensor") for the Licensed Works provided pursuant to this Agreement. For the purposes of this Agreement each of the following software products (the “Software”) qualify as Licensed Work: DDScad and DDScad Viewer.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED WORK. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE LICENSED WORK. USING ANY PART OF THE LICENSED WORK INDICATES THAT YOU ACCEPT THESE TERMS.

1. License

1.1. Grant of license: the Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Licensed Work(s) on a single computer, for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights of Licensor.

1.2. Assent: By opening the file package containing the Licensed Work, or installing, copying, or otherwise using the Licensed Work, you agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.

1.3. Ownership of Licensed Works and related materials: The Licensor and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with the Licensed Works. All intellectual property rights in and to the Licensed Works are and shall remain in Licensor’s ownership.

2. Restrictions:

2.1. You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter the Licensed Works or any portion thereof.

2.2. You may take a single copy of materials within the package or otherwise related to Licensed Works only as required for backup purposes.

2.3. You may not remove, alter, deface, overprint or otherwise obscure Licensor's patent, trademark, service mark or copyright notices.

2.4. You agree that the Licensed Works will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.

2.5. You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation, help files, examples, and benchmarks.

3. Term and Termination:

3.1. This Agreement is effective until terminated.

3.2. You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works.

3.3. The Licensor may terminate this Agreement with immediate effect upon the breach of any material provisions thereof by Customer. Material provisions include among others “ownership of Licensed Works and related materials” and each paragraph of the “restrictions”.

3.4. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials. In case of termination for any reason, under no circumstances will Licensor be liable for reimbursing the price of the Software (if any) or for compensation of any other damages.

3.5. Upon termination by Licensor, You are obliged to compensate Licensor for its damages and expenses occurring in connection with the breach of this Agreement and Licensor shall be entitled to enforce other rights and claims under the governing laws in force.

3.6. Your license to the Licensed Work terminates if the Licensor at any time and for any reason, including addressing competitive demands, encountering technical issues or changes in third party technologies involve, responding to a government regulation, order or law, or advancing 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, Licensor will no longer provide: (i) Technical Support; (ii) Updates; and/or (iii) support services. For any Licensed Work subject to an End-of-Life designation, Licensor will post relevant dates on its website at least ninety (90) days prior to the End-of-Life effective date and will use commercially reasonable efforts to assist You in such a transition.

4. Cloud licensing:

4.1. Licensor may offer You cloud licensing for the purposes of increasing secure licensing of the Software. The cloud license can only be used with a valid Graphisoft ID. Users without a valid Graphisoft ID will not be able to activate the Software on their computer. To activate and use the cloud license you need an internet connection (steps: Software download, installation, Graphisoft ID login, automatic license activation). Only the latest program versions (starting from Version 19) will support cloud licensing. You will not be able to launch former Versions of the software, but you can convert and access project files from former versions to the new one. After conversion, the project won't be accessible with older versions.

4.2. As a special type of cloud licensing, the named cloud license can be used exclusively with Graphisoft ID and assigned to one by the Graphisoft ID administrator. After activating the cloud license, the user can use the license on a machine without internet connection for a limited time period but must be online periodically (as defined by dRofus AS) to renew the license. A named cloud license can only be used on one machine at a time; no concurrent use is allowed.

4.3. When using a cloud license, it is prohibited to

4.3.1. mark a license on an offline machine as unused in the server-side registry and activate it on a new machine

4.3.2. to share the Graphisoft ID name and password with others to use the program from several machines in parallel with one license.

4.4. If You lack all the proper authorizations (for example hardware key, software key, appropriate serial number or cloud license identification number) for the usage of the software, you cannot use the software.

5. Subscriptions:

5.1. In case you have signed up for a subscription license ("Subscription"), the specific terms and conditions thereof are set out in the relevant Terms of Service ("TOS"). The TOS constitutes inseparable part of this Agreement and shall be provided to You directly.

5.2. By accepting the terms and conditions of this Agreement you also accept the terms and conditions of the TOS made available to you at https://www.graphisoft.com/legal/store-terms-of-service.

6. Privacy:

Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data will be collected and processed by the Licensor for the purposes related to the conclusion and performance of this Agreement, including the fulfillment of Your obligations, such as those related to Licensor'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.

6.1. Customer Involvement Program (CIP)

6.1.1. Generally

6.1.1.1. 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 Licensor’s data sub-processor, Graphisoft SE.

6.1.1.2. Your IP data is forwarded to our sub-processor to get information about product usage location like city, region and country; the data processing might take place outside of the European Union (EU) and the European Economic Area (EEA) and will only be captured temporarily until usage location (country, city) is identified.

6.1.1.3. The report is pseudonymous; Graphisoft SE 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).

6.1.1.4. Graphisoft SE 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.

6.1.1.5. 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.

6.1.1.6. CIP 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 SE to be able to identify you. Legal base of the data processing: the legitimate interest of Licensor 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.

6.1.2. Customer Involvement Program- for Subscription customers

6.1.2.1. In addition to Section 6.1.1., for Users having subscription the CIP 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.

6.1.2.2. 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.

6.1.2.3. Legal base of the data processing: the legitimate interest of Licensor under point f. of Article 6(1) GDPR, which is to increase User satisfaction and to reduce customer churn.

6.1.2.4. 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 6.1.1.

6.2. Crash report

6.2.1. Purpose of the crash report is to support the identification and improvement of the Licensed Work defects. Crash report is sent by the Licensed Work to the Licensor with your approval when the Licensed Work identifies malicious operation or fatal error causing the Licensed Work complete breakdown.

6.2.2. The report includes all data that CIP contains, the license information and your first name, last name, email address and company if you provide those. You can review and select the error files that the Licensed Work sends to the Licensor.

6.2.3. Report collects and stores the data for ten (10) days; if no crash occurs during these ten (10) days, then files are deleted, and data collection re-starts for another ten (10) days.

6.2.4. The report is sent to the Licensor only if you provide your consent and your consent applies to one set of report only; you will be asked, and your consent need to be provided for every single crash report submission.

6.2.5. Duration of the data processing: as long as the Licensor provides technical support for the respective version of the Licensed Work, but maximum for five (5) years period of time from the data collection date.

6.3. Update mechanism

The Licensed Work automatically checks for updates. To identify the availability of updates, the identity of the software (language, version, default database) is once automatically sent to the Licensors server during software startup or in case of a manual call “perform webupdate” and processed.

6.4. Additionally for Subscription customers only (with cloud license):

6.4.1. To use the subscribed Licensed Work, the users must login with their Graphisoft ID, as the Licensor uses a 3rd party identity service provider to whom the Graphisoft ID data is transferred for authentication purposes.

6.4.2. Legal base of the data processing: processing is necessary for the performance of a contract to which the data subject is party (point b. of Article 6(1) GDPR).

6.4.3. Duration of the data processing: the term of Your license.

6.5. The detailed provisions on the data processing and in particular the data subjects’ rights are made available in the Licensor’s Privacy Policy available at Privacy Policy and in Graphisoft SE’s Privacy Policy available at https://graphisoft.com/legal/privacy-policy.

7. WARRANTIES AND DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN THE LICENSOR AND YOU, THE LICENSED WORKS ARE NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. General and closing conditions

8.1. Software activation and usage. To activate and use the Software You have to comply with the hardware and software requirements determined and communicated at https://www.graphisoft.com/resources-and-support/system-requirements .

8.2. Severability. In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

8.3. Entire agreement. This Agreement sets forth the entire understanding between you and Licensor and this Agreement supersedes all prior agreements, whether written or oral, with respect to the Licensed Works. Any terms and conditions of this Agreement and all other applicable legal documents may be modified unilaterally by the Licensor without prior notice to you without any legal or financial consequences for the Licensor. You are responsible for regularly reviewing these terms and conditions. Continued use of the Licensed Works following any such changes shall constitute your acceptance of such changes. Any amendments made by Licensor cannot be unreasonable or significantly detrimental for you.

8.4. Language and Notices. The English version of this Agreement will be the governing version used when interpreting or construing this Agreement. Any translations thereof shall be provided for information purposes without any binding force and in no event shall Licensor 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 or a notice submitted at https://drofus.com/en/contact related to the License Agreement.

8.5. 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 Norway 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.

8.6. Special provisions applicable to DDScad Viewer. The DDScad Viewer is a freely accessible BIM tool provided to you free of charge. The limited features are described at https://graphisoft.com/solutions/ddscad/viewer.

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INQUIRIES

All inquiries regarding this Agreement should be directed to

dRofus AS

Badstugata 2

N-0183 Oslo
Norway
Organizational number: 997466586

Telephone: +47 22 33 15 70
Contact: https://www.drofus.com/en/contact

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