Terms and Conditions of Sale
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Terms and Conditions: Revit Software Content
1. Acknowledgment and Acceptance of Licence Conditions
1.1 The REVIT Content, including all Intellectual Property Rights in the source code and object code of the REVIT Content, together with the disk or other Software media in which it is contained (the 'Licenced Software') is owned by BlueScope Steel Ltd ABN 16 000 011 058 (‘Licensor’) and provided to you free of charge under the terms and conditions set out in this Licence ('Licence').
1.2 By signing this agreement, you expressly agree to be bound by this Licence and these terms and conditions. By doing these things you are entering into a legally binding agreement with Licensor.
2.1 Licensor grants to you a non-exclusive Licence to install and use the Licenced Software for your internal purposes in accordance with this Licence. The Licence is limited, non transferable, non assignable and only relates to use of the Licenced Software in Australia.
2.2 You are entitled to make one copy of the Licenced Software to be used for backup and archival purposes only.
3. Supply, Installation and Restrictions on use of the Licenced Software
3.1 You are responsible for installing the Licenced Software on any computer which you propose to use the Licenced Software in conjunction with.
3.2 The Licenced Software may only be installed and used on computer equipment located at your place of business and in accordance with the terms of this Licence.
3.3 Subject to the terms of this Licence, you must not, and must not permit any other person (including any third party) to, in any manner:
(a) reverse engineer, disassemble, decompile, decode or adapt the Licensed Software, or otherwise attempt to derive or gain access to the source code of the Licensed Software without the Licensor’s express permission, in whole or in part, except as and only to the extent this restriction is prohibited by law;
(b) remove, disable, or otherwise create or implement any workaround to, any security features contained in the Licensed Software;
(c) remove, delete or alter any trademarks in the Licensed Software;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer or otherwise make the Licensed Software available to any third party;
(e) use the Licensed Software in violation of any law, regulation or rule applicable to you; or
(f) use the Licensed Software for purposes of developing a competing product or service or any other purpose in a manner that is to the Licensor's commercial disadvantage.
4. Manuals and Other Documentation
4.1 The terms of this Licence apply to the operating manuals and any other documentation which accompanies the Licenced Software ('accompanying documentation'). The accompanying documentation may not be copied or modified except where necessary to enable use of the Licenced Software as contemplated or expressly authorised by this Licence.
5. Purpose and Limitations of the Licenced Software
5.1 You acknowledge that the Licenced Software is provided for the purpose of a design aid using REVIT Content to professional designers (’Purpose’) and the results obtained from the use of the Licenced Software are intended as a guide only and do not replace professional judgement.
5.2 You acknowledge that the results obtained from use of the Licenced Software do not constitute a guarantee that the REVIT contect is or will be approved for use in the construction of a dwelling or any other type of building and will not be subject to complaints regarding characteristics of that construction.
5.3 You recognise that the use of the Licenced Software does not eliminate the need for other forms or processes of assessment to evaluate design (including personal and professional judgement) on a case by case basis that is not provided by or associated with the use of the Licenced Software.
5.4 You must use the Licenced Software in accordance with all instructions contained within the Licenced Software and the accompanying documentation.
5.5 You acknowledge that the efficacy of the results provided by the Licenced Software is reliant on your input of information or data that is not provided or controlled by Licensor and for which you are solely responsible (as between you and the Licensor).
5.6 You acknowledge that the output derived from any use of the Licenced Software does not constitute any certification or design related assurance by the Licensor and that you, or your nominated third party, are responsible for certifying any design generated in connection with any use of the Licenced Software.
5.7 You acknowledge that any planning or associated laws and regulations may impact the ability to make use of any design or output generated through the use of the Licensed Software and that the Licensor does not make any representation that any such design or output will comply with any such planning or associated laws.
6. Protection of the Licenced Software and Accompanying Documentation
6.1 You are responsible for the supervision, management and control of the Licenced Software and any accompanying documentation and must ensure that your employees, contractors and other agents are made aware of the conditions of this Licence.
6.2 The Licensed Software may contain technological measures designed to prevent unauthorized or illegal use of the Licensed Software by you. You agree that the Licensor may use these measures to enforce the Licensor's rights, including all Intellectual Property Rights, in and to the Licensed Software in the event of your breach of this Licence. You must take reasonable precautions to safeguard the Licensed Software (including all copies thereof) that Licensor provides to you under this Licence from infringement, misappropriation, theft, misuse or unauthorized access.
6.3 You acknowledge that the Licenced Software and any accompanying documentation are the subject of copyright. You must not:
(1) during or after the term of this Licence permit any act which infringes the copyright in these items; or
(2) remove or alter any copyright notices on any copy of the Licenced Software or on the accompanying documentation.
6.4 You acknowledge that the Confidential Information, which includes information contained in the Licenced Software and any accompanying documentation, is confidential to and remains the property of Licensor or its suppliers. You must ensure that the Confidential Information is only used in connection with the Purpose and is not disclosed to any other person unless required by law (and only then to the extent required). Where the information is required to be disclosed by law, you must notify the Licensor and provide reasonable details of basis on which it is required to be disclosed and must all provide reasonable assistance to the Licensor in any attempt to resist disclosure.
6.5 You must use reasonable endeavours to ensure that the Licenced Software and accompanying documentation is protected at all times during the term of this Licence from unauthorised access or use by a third party and from physical misuse, damage or destruction by any person.
7. Support Services
7.1 Nothing in this Licence requires Licensor to support the Licenced Software, whether by providing error correction, training, telephone advice, help-desk or other support.
7.2 The terms and conditions governing support of the Software (if any) must be set out in a separate support services agreement between you and Licensor.
8. Updates and New Releases
8.1 During the term of the Licence, Licensor may offer you updates and new releases of the Licenced Software. From the issue of any update or new release, without limiting any other provision of this Licence any prior version of the Licenced Software will be used by you at your own risk.
8.2 You are responsible for installing any updates or new releases Licenced by you.
8.3 The terms of this Licence apply to all updates and new releases.
9. Warranties and Liability
9.1 Licensor does not warrant that the Licenced Software will be free of errors. You acknowledge that the existence of any such errors does not constitute a breach of this Licence. The Licensed Software is provided "as is" and Licensor expressly disclaims all representations, warranties, conditions and guarantees, whether express, implied, statutory or otherwise with respect to the Licensed Software, accompanying documentation, and any other services and materials provided to you under this Licence, including all implied representations, warranties, conditions and guarantees of merchantability, quality, fitness for a particular purpose, non-infringement and representations, warranties, conditions and guarantees arising from a course of dealing, usage or trade practice. Without limitation to the foregoing, Licensor provides no warranty, condition, guarantee or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that the Licensed Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards.
9.2 All statutory or implied conditions and warranties are excluded to the fullest extent permitted by law.
9.3 To the fullest extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited, at the option of Licensor, to:
(1) in the case of goods:
(a) the replacement or repair of the goods or the supply of equivalent
(b) goods; or
(c) the payment of the cost of replacing or repairing the goods or of
(d) supplying equivalent goods; and
(2) in the case of services:
(a) supplying the services again; or
(b) paying the cost of having the services supplied again.
9.4 Except to extent to which liability may not lawfully be excluded or limited, Licensor will not be under or incur any liability to you for any direct or indirect loss or damage (including, without limitation, consequential loss or damage, such as loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including, without limitation, breach of contract, negligence and/or breach of statute), which you may suffer or incur in connection with the Licenced Software, this Licence or which arises in connection with the subject matter of this Licence.
9.5 You release and indemnify the Licensor in respect of any claims arising out of the use of or reliance on the Licensed Software whether brought by you or any third party to which you provide a copy of any output or design documentation produced in connection with any use by you of the Licensed Software.
9.6 You must ensure that at all times during the Term you maintain professional indemnity insurance in an amount of no less than $5m per claim and in the aggregate with a reputable insurer and on terms which are consistent with market practice for policies of professional indemnity insurance applicable to engineers within Australia.
10.1 Licensor may immediately terminate this Licence by notice if:
(1) you breach any of the terms or conditions of the Licence;
(2) you destroy the Licenced Software program or the accompanying documentation for any reason; or
(3) you become the subject of an insolvency event.
10.2 On termination, you must immediately destroy all copies of the Licenced Software, and the accompanying documentation, and cease all use of the Licenced Software.
10.3 Termination under this clause does not affect any of Licensor's other rights.
11.1 You must not assign your rights under this Licence to a third party unless you have obtained Licensor's prior written consent. Licensor may withhold its consent or grant its consent on any conditions it thinks fit.
12. Compliance with Laws
12.1 You must comply with all applicable laws relating to your use of the Licenced Software and the accompanying documentation.
13.1 A party's failure or delay to exercise a power of right does not operate a waiver of that power or right. A waiver is not effective unless it is in writing.
14. No Representation
14.1 You acknowledge that in entering into this Licence you have not relied on any representation by Licensor or any person purporting to represent Licensor.
15.1 In this Licence, references to 'you' and 'your' are references to the legal entity which employs the person who accepts the terms and conditions of this Licence by clicking on the 'I understand and wish to continue' button.
15.2 In this Licence, references to ‘Confidential Information’ means any information in any form which includes:
(a) the existence of and the terms of this Licence;
(b) the Licensed Software; and
(b) all information, know-how, ideas, concepts, technology, industrial, marketing and commercial knowledge of a confidential nature (whether in tangible or intangible form) relating to or developed in connection with or in support of the business of the Licensor or a related body corporate of the Licensor which is disclosed, communicated or delivered to, learnt by, or which otherwise comes to the knowledge of or into the possession of you under or in connection with this Licence,
but does not include:
(c) information which is or becomes generally available in the public domain (other than through any breach of confidence);
(d) information rightfully received by you from a third person who is under no obligation of confidentiality in relation to the information and who has not obtained that information either directly or indirectly as a result of a breach of any duty of confidence owed to the Licensor; or
(e) information which has been independently developed by you.
15.3 In this Licence, references to an ‘Insolvency Event’, in relation to an entity means:
(a) a receiver, receiver and manager, administrator, trustee or similar official being appointed over any of the assets or undertaking of the entity;
(b) the entity suspending payment of its debts generally;
(c) the entity being or becoming unable to pay its debts when they are due or is unable to pay its debts within the meaning of the Corporations Act 2001 (Cth);
(d) the entity entering into or resolving to enter into any arrangement, understanding or compromise with, or assignment for the benefit of, its creditors or any class of them;
(e) an application or order being made for the winding up or dissolution of, or the appointment of a provisional liquidator to, the entity or a resolution is passed or steps are taken to pass a resolution for the winding up or dissolution of the entity otherwise than for the purpose of an amalgamation or reconstruction which has the prior consent of all of the members of the entity; or
(f) an administrator, or administrator of a deed of company arrangement being appointed in accordance with the Corporations Act 2001 (Cth.), and in relation to an individual, means the individual being or becoming insolvent or committing an act of bankruptcy as those terms are used in the Bankruptcy Act 1966 (Cth).
15.4 In this Licence, references to an ‘Intellectual Property Rights’ means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, inventions and Confidential Information, and any other results of intellectual activity in any field whether or not registrable, registered or patentable including rights that may exist in applications to register these
rights and all renewals and extensions of these rights.
15.5 In this Licence, references to 'Software media' are references to Software storage devices including disks.
16. Governing Law and Jurisdiction
16.1 This Licence will be governed by the laws of New South Wales.
16.2 In any dispute arising out of or in connection with the subject matter of this Licence, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
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