PIXBIM END USER LICENSE AGREEMENT
NOTICE TO USERS: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.
use of the pixbim software provided with this agreement (the "software") constitutes your acceptance of these terms. if you do not agree to all of the terms of this agreement, then pixbim is unwilling to license the software to you and you should not download, install or use the software. use of this software is conditioned upon compliance by user with the terms of this agreement
FREE COMPONENTS - PIXBIM offers a range of free tools within the software, these tools are provided free of charge and requires no purchase to be able to utilize, usage of these free tools and free edition software requires compliance by user to this agreement
PIXBIM retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of PIXBIM, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, and Customer specifically agrees not to:
(i)transfer, assign or sublicense its license rights to any other person or entity, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii)reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human readable form, or permit third parties to do the same;
(iii)disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party. Customer shall implement reasonable security measures to protect such trade secrets. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which PIXBIM makes such information available. Software, Upgrades and Additional Copies: For purposes of this Agreement, 'Software' shall include (and the terms and conditions of this Agreement shall apply to) computer programs, as provided to Customer by PIXBIM or an authorized PIXBIM reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, 'Upgrades') or backup copies of the Software licensed or provided to Customer by PIXBIM or an authorized PIXBIM reseller.
License: Conditioned upon compliance with the terms and conditions of this Agreement, PIXBIM, grants to Customer a nonexclusive and non-transferable license to use for Customer's purposes the Software and Documentation for which Customer has paid the required license fees. 'Documentation' means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by PIXBIM with the Software in any manner (including on CD-Rom, or on-line). Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single hardware (single computer) or that number of concurrent users, sessions, IP addresses, port(s), seat(s), server(s) or site(s), as set forth in the applicable Purchase Order which has been accepted by PIXBIM and for which Customer has paid PIXBIM the required license fee. When you first obtain a trial of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which you must pay for the SOFTWARE. This license is not transferable to any other system, or to another organization or individual. you are expected to use SOFTWARE on your system and to thoroughly analyze its usefulness before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction.
NOTE: For evaluation or beta copies or free trial for which PIXBIM does not charge a license fee, the above requirement to pay license fees does not apply.
Proprietary Notices: Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of PIXBIM.
Term and Termination: This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software, any Documentation, and, if provided. Customer's rights under this Agreement will terminate immediately without notice from PIXBIM if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement.
Export: Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S and Indian Laws.
Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that he has the responsibility to obtain licenses to export, re-export, or import Software and Documentation.
In no event does PIXBIM warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
(a) You agree that the Software contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Software. No portion of the Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, in any manner, and You shall not exploit the Software in any unauthorized way whatsoever. You further agree not to use the Software in any manner to harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party, and that PIXBIM is not in any way responsible for any such use by You.
NO WARRANTIES
You expressly acknowledge and agree that:
the software and any services performed or provided by the software are provided "as is" and "as available", and without warranty of any kind.
unless expressly stated to the contrary in this agreement, pixbim hereby disclaims all representations, warranties and conditions with respect to the software and any services, whether express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment. pixbim does not warrant against interference with your enjoyment of the software, that the functions contained in, or services performed or provided by, the software will meet your requirements, that the operation of the software or services will be uninterrupted or error-free. to the maximum extent permitted by law, no oral or written information or advice given by pixbim or its authorized representative shall create a warranty.
In no event shall ln be liable any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if pixbim has been advised of the possibility of such damages. Nothing in this agreement is intended to limit liability for death, personal injury or fraud. the aggregate liability of pixbim whether for breach of this agreement or in part (including negligence) or for any other common law or statutory cause of action shall not exceed the amount of fifty US dollars ($50.00).
The Indian laws govern this Agreement and your use of the SOFTWARE. The Courts of India shall have sole jurisdiction.
Under no circumstances may you redistribute the SOFTWARE or its license on an intranet, internet, cloud or other platform or site whatsoever.
free edition software. pixbim does not provide support and maintenance with respect to free edition software. if customer has questions regarding the use of free edition software, pixbim may elect, in its sole discretion, to respond to the questions, but customers use of any advice provided by pixbim is at customers own risk. customer may not sublicense or otherwise distribute, or allow others to use, free edition software.
Disclaimer of Warranties; Limitation of Liability. PRE-RELEASE SOFTWARE, EVALUATION SOFTWARE AND/OR
free edition software is provided to customer "as-is", and pixbim and its suppliers
make no warranties or representations, express or implied, whether by statute,
common law, custom, usage or otherwise, as to any matters, including the performance
or results customer may obtain by using the pre-release software, evaluation
software and/or free edition software. to the maximum extent permitted by applicable law, pixbim and its suppliers disclaim all warranties with regard to the prerelease software, evaluation software and/or free edition software and information provided to customer with respect to such products, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, informational content or accuracy, quiet enjoyment, title and noninfringement.WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED, PIXBIM’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID FOR PURCHASING THE SOFTWARE.
Customers sole REMEDY in the event of any dissatisfaction is to cease using the Pre-release Software, Evaluation Software, and/or Free Edition Software and erase all copies of same from Customers computers and memory storage devices, and return to PIXBIM all copies of those products and any associated documentation.
BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.