By using or visiting the Site, you expressly agree to be bound by these Terms and to follow all terms and applicable laws and regulations governing the Site.
Use Agreement
Virtual Construction and Technology BIM One Inc. ( “BIM One” ) makes available various new information, technologies, solutions and content on this site at http://www.bimone.com (the “Site”), subject to the following terms and conditions.
By using or visiting the Site, you expressly agree to be bound by these Terms and to follow all terms and applicable laws and regulations governing the Site.
Further, your use of this Site is subject to those additional terms and conditions provided by BIM One and, subject to BIM One’s sole discretion, applicable to certain information, technology previews, pre-release products, tools, applications or software (collectively, “Content”) available through this Site. Such additional terms and conditions include, but are not limited to, disclaimers, license agreements, terms of service and supplementary user agreements (collectively, “Additional Terms”).
The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). If you do not agree with these Terms, your sole recourse is not to use the Site. BIM One reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us.
No Warranty
The services and content provided as part of the Site are experimental in nature. They have not been tested in any manner and may contain defects or deficiencies which may not be corrected by BIM One. Hence, BIM One does not represent that they are reliable, accurate, complete, uninterrupted or otherwise valid. Accordingly, the site and any content is provided “as is” with no warranty of any kind and you use the site and content at your own risk.
BIM One expressly disclaims any warranty, express or implied, regarding the site or its content, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement and any warranties arising by statute or otherwise in law, or from a course of dealing or usage of trade. BIM One specifically disclaims and does not warrant that the content provided by BIM One on this site will meet your requirements, operate in all the combinations which may be selected for use by you.
Neither BIM One nor its suppliers shall be liable for any damages whatsoever arising from or relating to your use or inability to use certain content. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you. You acknowledge that BIM One shall have no obligation to release any product or make available any service based on the Content provided on this Site, and the Content may undergo significant changes prior to release of the corresponding generally available final version, if any.
Any Content that is made available to download or access by or through this Site is governed by the terms of the license agreement or terms of service, if any, which accompanies or is included with the Content.
In the event that no license agreement or terms of service accompanies or is included with such Content , the following terms will apply: Subject to your compliance with these Terms, BIM One grants to you a non sublicensable, non transferable, nonexclusive, royalty-free, limited term license to install the Content on your computer (if the Content is a downloadable application) and use the Content solely for the purposes of evaluating and testing the Content, only within the country in which you downloaded or accessed the Content (except if you downloaded or accessed the Content in a member country of the European Union or the European Free Trade Association, then you can use the Content in all the countries of the European Union and the European Free Trade Association).
If such Content is designed to be used or operated only in conjunction with the specific BIM One software identified in the download/access page describing the Content (“Software”), then you may use the Content only if you are a registered user of the Software and for the term and within the scope of the license granted for the Software.
These Terms do not modify or alter the Additional Terms accompanying the Software. You may not (and may not permit any third party to): (i) reverse engineer, decompile, or disassemble the Content; (ii) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Content to any other person without the prior written consent of BIM One; (iii) remove, alter, or obscure any proprietary notices, labels, or marks from the Content; (iv) modify, translate, adapt, arrange, or create derivative works based on the Content for any purpose; or (v) utilize any equipment ,device, software or other means designed to circumvent or remove any usage restrictions, or to enable functionality disabled by BIM One.
In using this Site, you may provide certain comments, suggestions, input, ideas, data, or other information to BIM One relating to the Site or the Content (collectively “Feedback”).
You hereby grant BIM One the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights to (1) make, have made, use, copy, modify, and create derivative works of the Feedback as part of or in connection with any BIM One product, technology, service, content, material, specification or documentation (including, without limitation, in connection with the marketing or sale thereof); (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, without additional compensation to you.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against BIM One and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site or Content. If you are a California resident, you waive your rights under California Civil Code § 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
These Terms contain the entire agreement between you and BIM One with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BIM One with respect to this Site.