End user agreement
Bimfire Tools Version 2021
Bimfire Software AB ( CVR. ,559229-7823). All Rights Reserved.
Protected by pending Patents in the Sweden. Copyright law and international treaties protect the software solutions in Bimfire Suite. Unauthorized reproduction or distribution of any software, or any portion of it, will be prosecuted to the maximum extent possible under law and may result in civil and criminal penalties.
Important—read carefully prior to using Bimfire Tools: this end-user license agreement (the “EULA”) is a legal agreement between you (“you” or “licensee”) and Bimfire Software AB. (“Bimfire” or “licensor”) for use of the Bimfire Tools software application (the “software”) and the related user guides and specifications made available by Bimfire for only that version of the software licensed by you hereunder (the “documentation”).
By accessing, installing, copying or otherwise using all or any portion of the software, licensee agrees to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or otherwise use the software. You agree that your use of the software represents your acknowledgement that you have read this EULA, understand it, and agree to be bound by its terms.
Bimfire is not responsible for any third party software, proprietary or otherwise, utilized in connection with the software, and Bimfire shall have no liability for your use of such third party software.
All intellectual property in this software is owned by Bimfire or its licensors. The software is licensed, not sold. Bimfire permits you to use or otherwise benefit from the intellectual property of the software only in accordance with the terms of this EULA. The software may include product authorization or registration technology designed to prevent unauthorized use and copying. This technology may cause your computer to automatically connect to the internet or to prompt you to contact Bimfire and may prevent uses of the software that are not permitted. Visit bimfiretools.com/legal for information about installation and registration.
- Single User License
- Subject to Licensee’s continuous compliance with this EULA and payment of the applicable license fees (“License Fees”), Bimfire grants Licensee a limited, non-exclusive, personal, non-sublicensable, non-transferable right and license to download, install and use one (1) copy of the Software (a “Seat”) on one (1) personal computer (a “Device”) for use by one (1) end-user (a “Licensed User”) in accordance with the terms of this EULA.
- Even though copies of the Software may be provided on media of different formats, copies of the Software on different media formats do not constitute multiple licenses of the Software.
- Licensee may only use the Software in connection with the internal conduct of Licensee’s business.
- License Restrictions
Except where Bimfire is required to permit such activity under the terms of an applicable open-source license or applicable law, Licensee may not:
- a. Use any software, hardware or other services (i) to bypass any of the terms, conditions or restrictions set forth herein or any application technology restrictions; or (ii) to modify the number of Devices, Licensed Users or Seats that access or utilize the Software outside of the validly licensed number of each, including for purposes of “multiplexing,” “pooling,” or “virtualization” (i.e., the validly licensed Devices, Licensed Users or Seats must equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). If the number of Devices or Licensed Users that can connect to an individual Seat exceeds a one-to-one ratio or has the potential to exceed the one-to-one ratio, Licensee shall be in breach of this EULA and required to immediately cease such actions and/or license additional Seats of the Software to maintain the one-to-one ratio. Failure to take corrective action is grounds for immediate termination of this EULA;
- b. Modify or create any derivative works based on the Software, including customization, translation, or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software (e.g., in an effort to develop other applications or services that provide similar or substitute or complimentary functionality to the Software), except where such activity is permitted by applicable law;
- c. Redistribute, encumber, sell, rent, lease, sublicense, loan, assign, commercialize or otherwise transfer rights to the Software or make any similar commercial use of the Software, except where such activity is permitted by applicable law;
- d. Benefit from the Software via a facility management, timesharing, service bureau or other arrangement or allow a third party (including, without limitation, Licensee’s parent, affiliates, subsidiaries, employees or agents) to so benefit;
- Provide access to the Software with the intention of processing the data of another entity (including, without limitation, Licensee’s parent, affiliates, subsidiaries, employees or agents);
- f. Use the Software on Devices that are not under Licensee’s exclusive control;
- g. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software; and
- h. Reproduce, republish, display, frame, download (except as expressly authorized herein), distribute, or transmit the Software; (ii) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; and
- Use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
Bimfire may, in its sole discretion, make bug fixes, updates, patches and/or service packs available to address certain issues or features that may not be working as intended or to add or activate minor enhancements or compatibility (each an “Update”). Updates are made available free of charge and are subject to all of the terms and conditions of this EULA.
Bimfire may, in its sole discretion, offer new versions of the Software that replace the prior version in its entirety and offer significant changes and improvements over the prior version (each an “Upgrade”). Upon release of an Upgrade, Bimfire`s obligation to support the previous versions may end. Upgrades are not licensed to Licensee in this EULA unless otherwise agreed in writing by Bimfire. If an Upgrade is licensed by Licensee, the previous version of the Software must be removed from Licensee’s Device and no further use or access is permitted except archival copies in accordance with Section 3 above.
- Ownership and Reservation of Rights
- Software. All right, title and interest in and to the Software, including without limitation all copyrights, patents (whether pending or issued), trade secret rights, trademarks and other intellectual property rights, are owned and retained by Bimfire. The Software and Documentation are protected by patent, copyright and/or other intellectual property laws of Sweden and by international treaty provisions. Except as expressly set forth herein, Licensee’s possession, use or installation of the Software does not grant Licensee any intellectual property rights in the Software and all rights, title, and interest not expressly granted are reserved by Bimfire. All rights not expressly granted by Bimfire are hereby reserved. Licensee agrees that it will not take any action to interfere with Bimfire`s ownership of or rights in the Software.
- Licensee Content. Title, ownership rights and intellectual property rights in and to any documents, information, materials, and other content created by Licensee (“Licensee Content”) in connection with Licensee’s use of the Software shall be retained by Licensee and may be protected by applicable copyright or other intellectual property laws. Bimfire receives only such limited license as is necessary to host and access the Licensee Content in order to make the Software and related services available to Licensee.
- Fees and Payments
- Purchases from Bimfire. If purchased directly from Bimfire, Licensee agrees to pay Bimfire the Licensee Fees on the date Licensee downloads the Software or the date that the thirty (30) day trial ends, whichever is later. All new or incremental licenses of additional Software are licensed as priced at the time of purchase, not at prices previously paid or advertised.
- Purchases from an Authorized Reseller. If You purchase the Software through a Bimfire authorized reseller (a “Reseller”), You agree to pay Reseller such fee as may be published by Reseller or mutually agreed upon between You and Reseller. You further acknowledge and agree that the Reseller has no authority to bind Bimfire, provide any warranty or other commitment or obligation on behalf of Bimfire or the Software, or to modify any the terms of this EULA.
- Enterprise License Fees. Provided you elect to purchase an Enterprise License subscription, you agree to pay the ELS Fee directly to Bimfire or to the Reseller to which You paid the License Fee, as applicable.
- Right to Audit
Bimfire reserves the right to periodically conduct audits of Licensee’s use and installation records related to the Software to verify compliance with the terms of this EULA (each an “Audit”). Licensee shall be given no less than thirty (30) days prior written notice of Bimfire´s intent to conduct an Audit. Audits will be conducted during Licensee’s normal business hours and will occur no more than once in any twelve (12) month period. In the event an Audit shows that Licensee is using or accessing Software that is not licensed or is beyond the terms of this EULA, Bimfire shall have the right to immediately invoice Licensee for the unauthorized use, including applicable late fees and interest at the legally allowable rate, and the reasonable costs of the Audit. If Licensee fails to pay such invoice on Net 30 terms, Bimfire may terminate this EULA in additional to all other remedies that may be available to it in law or in equity.
- Limited Warranty and Disclaimer
- Limited Warranty. Bimfire represents and warrants that the Software will perform substantially in accordance with the Documentation when used on the recommended operating system and hardware configuration. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Bimfire and Licensee’s exclusive remedy will be limited to either, at Licensee’s option, replacement of the Software or a refund of the License Fee paid by Licensee.
- DISCLAIMER. To the maximum extent permitted by applicable law, and except for the Limited Warranty set forth herein, the Software (and accompanying Documentation) is provided on an “as is” and “as available” basis without warranty of any kind, express or implied, whether by statute, common law, usage, industry custom, or otherwise as to any matter, including but not limited to performance, non-infringement of third party rights, integration, conditions of merchantability, title, quiet enjoyment, quiet possession, security, quality or workmanship, fitness for a particular purpose, or a lack of viruses. Some countries and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
The parties hereto agree to defend, indemnify and hold harmless the other party and its directors, officers, and employees (the “Indemnified Party”) from and against all costs, expenses, losses, damages, penalties, taxes, liabilities, judgments, settlements, reasonable attorneys’ fees, claims, demands, actions, suits, proceedings or other causes of action of any nature (individually and collectively referred to herein as “Damages”) arising out of any breach of the terms and conditions of this EULA by the non-Indemnified Party. In addition, Licensee agrees to defend, indemnify and hold harmless Bimfire and its officers, directors, employees, affiliates and agents from and against any Damages arising out of claims related to
(a) Licensee’s use of the Software,
(b) Licensee or any of the Licensed User’s violation of this EULA,
(c) any infringement or violation by Licensee of any intellectual property or other right of any person or third party, or
(D) if the Software is exported from Sweden, export duties or other claims arising from such exportation.
The Indemnified Party agrees to promptly notify the other party in writing of any such claim for Damages or threat thereof, allow the other party sole control over the defense and/or settlement of such claim through counsel of the other party’s choice, and give the other party all reasonably requested information and assistance to enable the defense and/or settlement of the claim.
- Infringement Indemnification
Subject to the terms and conditions of this Section, Bimfire agrees to defend, indemnify and hold harmless Licensee against any and all Damages arising out of or relating to a third party claim that the Software violates, misappropriates or infringes upon any issued copyright, trademark, trade secret or other intellectual property right owned by such third party.
- The indemnification provided in this Section is expressly conditioned upon (i) Licensee giving Bimfire immediate notice in writing of any such third party claim or threat thereof; (ii) Licensee permitting Bimfire sole control, through counsel of Bimfire’s choice, to defend and/or settle the claim; and (iii) Licensee giving Bimfire all reasonably requested information, assistance and authority, at Bimfire’s expense, to enable Bimfire to defend or settle such claim. Licensee may participate in the defense of such claim with counsel of Licensee’s choice and at Licensee’s sole expense.
- The indemnification provided in this Section will not apply to any claim to the extent such claims arises from or relates to (a) use of the Software not in accordance with the Documentation (b) any modification, alteration or conversion of the Software not created or approved in writing by Bimfire, (c) any combination or use of the Software with any computer, hardware, software, service or data not approved by Bimfire where the infringement arises out of such combination or use, (d) Bimfire’s compliance with specifications, requirements or requests of Licensee, or (e) Licensee’s gross negligence or willful misconduct.
- If the Software becomes, or Bimfire reasonably determines that the Software is likely to become subject to a claim of infringement for which Bimfire must indemnify Licensee as described in this Section 11, Bimfire may at its option (i) procure for Licensee the right to continue to access and use the Software; (ii) replace or modify the Software so that it becomes non-infringing without causing a material negative effect on the functionality provided by the infringing version; or (iii) if neither (i) or (ii) are viable options, remove the infringing part of the Software and refund Licensee a portion of the Licensee Fee paid which shall be negotiated in good faith with Licensee considering the materiality of the portion of the Software that is removed.
- This Section 11 states the entire liability and obligation of Bimfire and the exclusive remedy of Licensee with respect to any claims of infringement relating to or arising out of the Software.
- Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Bimfire or its affiliates, suppliers or resellers be liable to licensee or to any other person or entity for any indirect, special, incidental, or consequential damages of any character whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, for business interruption, work stoppage, computer failure or malfunction, for personal injury, loss of privacy, for failure to meet any duty including a duty of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the software, or otherwise under or in connection with any provision of this EULA, even in the event of fault, negligence, breach of contract, or breach of warranty by Bimfire, its resellers or its suppliers, and even if Bimfire or its suppliers have been advised of the possibility of such damages. In no event will Bimfire, its resellers or its suppliers be liable for any damages in excess of the licenses fees paid for the software hereunder, if any.
- Term and Termination.
- Term. This EULA is effective as of the date the Software is downloaded by Licensee (the “Effective Date”) and shall continue until terminated by Bimfire or Licensee as provided herein (the “Term”).
- Termination by Bimfire. Bimfire may terminate this EULA upon the occurrence of any of the following: (i) Immediately and without notice if Licensee fails to make any payment as required hereunder; (ii) At the expiration of a thirty (30) day cure period and upon written notice to the breaching party in the event of a breach of this EULA that is capable of being cured within thirty (30) days; (iii) Immediately and without notice if Licensee ceases to do business as a going concern, becomes the object of the institution of voluntary or involuntary proceedings in bankruptcy or liquidation, which is not dismissed within sixty (60) days after the initial filing or a receiver is appointed with respect to a substantial portion of its assets.
- Termination by Licensee. Licensee may terminate this EULA at any time, with or without cause, upon providing Bimfire with thirty (30) days written notice of termination.
- Effect of Termination. Upon the termination of this EULA, the license provided herein shall immediately cease and Licensee shall (i) discontinue use of the Software; (ii) unregister the Software from all Devices; and (iii) delete and/or destroy all copies of the Software including all copies or extracts of the Documentation.
- Survival. The following sections shall survive the termination or expiration of this EULA: Section 2 “License Restrictions”; Section 3 “Archival Copy”; Section 6 “Ownership and Reservation of Rights”; Section 8 “Right to Audit” for a period of three (3) years; Section 9.b. “Disclaimer”; Section 12 “Limitation of Liability”; Section 15 “Confidentiality”; Section 16 “Additional Provisions – Software Features”; Section 17 “Licensed User Data; Consent; Transfer; and Security”; Section 19 “Export Controls”; and Section 20 “General Terms”.
- Pre-Release Users; Educational Users
- Pre-release Users. Pre-commercial releases or beta software releases (“Beta Software”) do not represent a final commercial software application and may contain bugs, errors, inconsistencies or other problems that can cause system or other failures and/or data loss. If you elect to participate in Bimfire´s beta program (i.e Premium Partnership Program), your use and license of the Beta Software will be governed by this EULA and a separate premium Partnership Program agreement and nondisclosure agreement. All rights hereunder to the Beta Software will terminate upon the commercial release of such Beta Software. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the beta software is at your sole risk and that the beta software is provided “as is” and “as available” with all faults and with no warranty of any kind. Bimfire hereby disclaims all warranties and conditions with respect to the beta software, express, implied or statutory, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement of third party rights.
- Educational Users. If You licensed the Software as part of Bimfire´s academic program, You warrant and represent that You are a current and registered student or faculty member (full-time, part-time or adjunct) with a public or private high school or an accredited college or university. Academic verification is required, and you must submit a valid academic e-mail address. Alumni do not qualify. Limited one (1) Seat per educational end-user.
- Except as otherwise authorized by the relevant party in writing, Bimfire and Licensee will keep confidential all non-public information reasonably disclosed by or on behalf of, and belonging to, the other party in connection with the transactions contemplated by this EULA and Licensee’s use of the Software, provided however, Bimfire is permitted to use and disclose Licensed User Data to the extent permitted by Section 16(e) below.
- The receiving party will protect the other party’s confidential information with the same degree of care as it uses to protect its own confidential information, and may share the confidential information with its advisors and consultants and authorized affiliates who are bound by confidentiality obligations consistent with the receiving party’s obligations. If the receiving party receives a request pursuant to a court order, governmental body request or other legal process to disclose the other party’s confidential information, the receiving party will promptly notify the other party and provide reasonable assistance to maintain the confidentiality of such information. The receiving party will not be subject to confidentiality obligations for confidential information that (a) at the time of receipt was already known to it without confidentiality obligations; (b) becomes publicly known through no wrongful act of the receiving party; (c) was received from a third party without confidentiality obligations or knowledge that the information was subject to confidentiality obligations; (d) was disclosed to third parties by the other party without confidentiality obligations; (e) is independently developed by the receiving party without use of the confidential information of the other party, or (f) was released pursuant to prior written authorization by the other party.
- Additional Provisions – Software Features
- Internet Access. The Software allows Licensee to access the Internet. Bimfire does not control, endorse or accept responsibility for any online services or websites offered by third parties that Licensee or the Licensed Users may access via the Software. Any transaction between Licensee and a third party in connection with a website or online service, including the delivery of and payment for goods or services and any other terms or conditions, warranties or representations associated with such transactions, are between Licensee and the third party.
- Third Party Applications. Use of third-party software or applications or the integration of such software or applications with the Software (“Third Party Applications”) may result in the Licensee Content being transferred to a third party. Bimfire is not responsible for and Licensee agrees to hold Bimfire harmless for any data or materials (including the Licensee Content) transferred to third parties in connection with your use of Third-Party Applications. Any use of third-party applications is at your own risk and Bimfire provides no warranty or indemnification related to such use.
- Open Source Software. The Software may contain certain open source software. The license terms for open source software and information on obtaining access to the source code to which you are entitled under the applicable open source licenses as available to you at bimfiretools.com. If you have any questions regarding this link or the information regarding open source software, please contact us at firstname.lastname@example.org.
- Licensed User Data; Consent; Transfer; and Security
- Definitions. “Personal Information” means any information relating to an identified or identifiable natural person. “Licensed User Data” includes both Personal Information and non-personal information about Licensee and Licensee’s Licensed Users including, without limitation, Licensee’s name, Licensed User names, Licensed User e-mail addresses, Licensee and/or Licensed User IP Addresses, Geo-location data, License activation metadata and device details associated with license activation:
- Hostname of the device
- Username of the device (hashed using SHA256)
- Operating system of the device
- Virtual machine being run on the device
- Fingerprint of the device generated using various hardware components (hashed using SHA256).
- What Information We Collect. Bimfire collects, transmits, stores and uses Licensed User Data to (i) contact Licensee concerning Licensee’s rights and obligations, the availability of Updates and Upgrades, and the performance of the Software; (ii) respond to Licensee’s inquires and feedback; (iii) verify Licensed Users and Devices and compliance with the terms of this EULA; (iv) meet regulatory requirements; and (v) understand and assist Licensee and the Licensed Users with bugs, error reports, crash logs and other problems discovered with the Software. The Software may automatically connect to Bimfire´s servers via the internet to communicate with Bimfire for purposes such as license validation and to check for the availability of Updates and Upgrades. Bimfire may disclose Licensed User Data in accordance with applicable law.
- Aggregated Data. Bimfire and its authorized affiliates use Licensed User Data, specifically excluding Personal Information, in combination with data from other users to analyze, develop, manage and deliver the Software and Upgrades and Updates to the Software as well as to understand feature usage, performance, and other legitimate business purposes related to understanding, developing and providing Bimfire’s products and services.
- Reasonable Security Measures. Bimfire shall implement and maintain commercially reasonable and appropriate technical, administrative, and physical safeguards and security methods designed to prevent any unauthorized release, access to or publication of Licensed User Data. Bimfire shall implement processes and maintain procedures designed to comply with applicable privacy laws. If Bimfire engages a subcontractor or affiliate to facilitate its obligations under the Agreement, Bimfire shall use commercially reasonable measures to ensure that such subcontractor and/or affiliate implements and complies with reasonable security measures in handling any Licensed User Data.
If Licensee provides Bimfire with any suggested improvements to the Software, then that suggestion is provided as is and unrestricted. No suggestion will be deemed the confidential information of Licensee. Licensee grants Bimfire a nonexclusive, perpetual, irrevocable, royalty free, worldwide license, with rights to transfer, sublicense, sell, use, reproduce, display, and make derivative works of such suggestions.
- General Terms
- Governing Law and Arbitration. This EULA shall be governed and construed in accordance with the laws of Sweden, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Sweden. Any controversy or claim, whether in law or in equity, arising out of or relating to this EULA, or the breach thereof, shall be settled by the Arbitration Institute of the Stockholm Chamber of Commerce.
- Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and other expenses. The term “prevailing party” means that party, as plaintiff or defendant, who substantially prevails against the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by the other party within forty-five (45) days after receipt and the party not accepting such offer fails to obtain a more favorable judgment, the non-accepting party shall not be entitled to recover its costs of suit and reasonable attorney’s fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney’s fees and costs incurred by the offering party.
- Severability. If any provision of this EULA is held to be unenforceable or invalid, the enforceability of the remaining provisions shall in no way be affected or impaired thereby but shall remain in full force and effect.
- Waiver. No failure or delay in enforcing any right, power or privilege granted herein will be deemed a waiver unless made in writing and signed by a duly authorized representative of the party providing the waiver; and no single waiver will be considered a continuing or subsequent waiver.
- Equitable Relief. Licensee acknowledges and agrees that any breach or alleged breach of this EULA would cause irreparable harm and significant injury to Bimfire that may be difficult to ascertain and that a remedy at law would be inadequate. Licensee agrees that Bimfire shall have the right to seek and obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations under this EULA in addition to any other rights and remedies it may have.
- Controlling Language. This EULA has been prepared in the English language and the English language shall control its interpretation. All notices to be provided by either party hereto shall be in the English or Swedish language. In the event of any conflict between the English language version and any translation of this EULA that may be provided for convenience only, the English language meaning shall control.
- Notices. All notices required by this EULA shall be in writing and either delivered and effective (i) personally upon receipt, (ii) by e-mail upon receipt or if sent after 5 pm CET then the next business day, (iii) by a major commercial overnight courier service with tracking capabilities upon receipt, or (iv) by certified mail, return receipt requested, postage prepaid, five (5) days after the post-marked date. Notice to Licensee shall be addressed to the Primary Contact listed by Licensee in Bimfire´s Licensing Portal. Notice to Bimfire shall be addressed to Magnus Ladulåsgatan 65, 118 27 Stockholm Sweden or to email@example.com.
- No Assignment. This EULA is personal as to Licensee and may not be transferred or assigned, voluntarily, by operation of law or otherwise, without Bimfire’s express written consent which may be withheld, delayed or conditioned in the sole discretion of Bimfire. Provided Bimfire grants such consent, this EULA shall be binding upon the assignee in the same manner that it is binding upon Licensee and Licensee is responsible for informing all Licensed Users and assignee’s of the binding application of this EULA and all provisions contained herein.
- Entire Agreement. This EULA, including all exhibits and addendums hereto, contains the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous discussion, understandings, communications, proposals, and agreements, whether written or oral. (i) This EULA may not be modified, amended or supplemented except in a writing signed by an authorized representative of Bimfire except as allowed by Section 18(i)(ii) below. (ii) This EULA expressly supersedes and completely replaces any and all prior end user license agreements for the Software. Bimfire reserves the right to update this EULA. Any updates will be made available at bimfiretools.com/legal. (iii) Bimfire shall not be bound by or liable to Licensee for any pre-existing or contemporaneous written or oral representations or warranties made by a third party with respect to the Software, including, without limitation, by a Reseller or their respective agents, employees or representatives, nor shall Licensee be deemed a third party beneficiary of any obligations of Bimfire to any such Reseller. (iv) Any terms and conditions contained in Licensee’s purchase order or other administrative document will not be effective as a modification or supplement to this EULA, regardless of whether Bimfire objects to such form.
Bimfire Customer Contact.
If you have any questions concerning these terms and conditions, or if you would like to contact Bimfire for any other reason, please write to: Bimfire Software AB, c/o Briab Group AB, Maria Skolgata 83. 118 53 Stockholm
Collection of information
When registering on our website, as appropriate, you may be asked to enter your name, e-mail address, mailing address or other details to help you with your experience. We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site. When you register via a form or similar activity on our channel, you consent to us keeping your data in our database.
Use of information
We may use the information we collect in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested
- To improve our website to better serve you
- To send periodic emails regarding your order of products, services or events
- To follow up with you after correspondence
Protection of information
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. We handle all data according to the European Union legislation, Genersl Data Protection Regulation (GDPR) and the Directive on privacy and electronic communications. For details, please visit this site: http://ec.europa.eu/justice/data-protection/individuals/index_en.htm.
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. If you turn cookies off, some of the features that make your site experience more efficient may not function properly.
Types of data
The types of data we collect is:
- Contact: name, address, phone number e-mail address
- Identification: location, nationality
- Transaction: license information, support points, event participation
- Communication on all channels and social media: e-mails, online chat history, comments, feedback
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Use of Data
We use the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Sweden and choose to provide information to us, please note that we transfer the data, including Personal Data, to Sweden and process it there.
As an European citizen, under GDPR, you have certain individual rights. You can learn more about these guides in the GDPR Guide.
We do not sell, trade, or otherwise transfer the data we collect to outside parties. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users https://support.google.com/adwordspolicy/answer/1316548?hl=en.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Remove your data from Bimfire Software AB
You can at any time unsubscribe or change your subscription from future emails by following the instructions at the bottom of each email or by sending an email to firstname.lastname@example.org.
Your subscription will then be automatically updated. You cannot unsubscribe from communication directly with our sales department if we provide you with software and/or services on following topics; price information or other vital information on your account.
General standard terms and conditions
Bimfire ’s Services and Software may be subject to one or more of the additional terms below (“Additional Terms”). If there is a conflict between the General Terms and the Additional Terms, the Additional Terms govern regarding that particular Service or Software only. The Additional Terms are subject to change as provided therein.
- Bimfire Tools – End User License Agreement
- Webstore Terms of Sale
Licensed Not Sold
You acknowledge and agree that the Services and Software are licensed, not sold. All references in the General Terms or any Additional Terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a license to use the Services and/or Software only as licensed.
Intellectual Property Notice and Reservation of Rights
Nothing in the Terms, nor your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, moral right, patent (whether pending or issued) or trade secret right (collectively the “Intellectual Property Rights”). All right, title, and interest in and to the Services and Software, including, without limitation, all Intellectual Property Rights therein, are owned and retained by Bimfire. All rights not expressly granted by Bimfire are hereby reserved.
Bimfire User Account
To purchase, access and/or use the Services, license Software and otherwise engage with us on matters described in these Terms, you must create and maintain a user account (“User Account”). User Accounts are restricted to those persons 18 years of age or older at the time of registration.
“Registration Data” includes only your first and last name and e-mail address. When you create a User Account, you agree to (a) provide true, accurate, current and complete Registration Data; (b) to the extent you provide other information about yourself and as applicable your company and/or employer such as your employer’s name, your title, your address and/or country or region, you also agree to provide true, accurate and current Profile Data; and (c) update and maintain the Registration Data and Profile Data, if applicable, and promptly respond to requests from us to keep the Registration Data and Profile Data accurate and true. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Bimfire has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bimfire has the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof) or Software.
You are solely responsible for maintaining the confidentiality of Your password and to ensure that you have a secure password according to best practices.
Activity and Responsibility.
You are solely responsible for any and all activity that occurs under your User Account, and Bimfire shall have no responsibility with regard to the use, disclosure, or management of your User Account information or any content accessed, uploaded, processed or exchanged through use of your User Account. You are responsible for (a) keeping your User Account information confidential; (b) promptly notifying Bimfire of any suspected or unauthorized use of your User Account or disclosure of your password to any third person/party; and (c) ensuring that you exit from your User Account at the end of each session.
A User Account may be created for you by an administrator, such as your employer. If you are using a User Account assigned to you by an administrator different or additional terms may apply to you and the administrator may be able to access or disable your User Account.
You may terminate your User Account at any time for any reason. Bimfire may terminate your User Account, if in its sole and reasonable direction, we believe you have violated or these Terms. Upon termination, Bimfire will permanently delete your password and any content that Bimfire is not otherwise legally obligated to retain.
In order to enhance the quality of the Services and Software and to protect you and other Bimfire licensees, customers, potential customers and affiliated third parties from illegal, irresponsible, or disruptive activities, you are required to comply with Bimfire ’s Acceptable Use Policy.
Future Modifications of these Terms
Bimfire may revise, modify or update the General Terms or any Additional Terms from time to time due to changes in the law, regulatory requirements, or improvements or enhancements to the Services and/or Software. Therefore, Bimfire reserves the right to update and modify the General Terms or any of the Additional Terms at any time upon notice to you (a “Change Notice”). Bimfire will send you a Change Notice by sending an email to the email address associated with your User Account. If you do not agree with any of the updates and/or modifications made, you must immediately (i) remove all of your content; (ii) cancel your User Account; and (iii) discontinue all access and use of the Services and Software. By continuing to use the Services and/or Software after receipt of a Change Notice, you agree to be bound by the modified Terms.
Future Modification of the Services and/or Software
Bimfire is continually developing, changing and improving our Services and Software. We reserve the right to revise, modify or update the Services and Software from time to time in its sole discretion to add new features or functionality, modify existing features or functionality, or remove features or functionality. Bimfire also reserves the right to discontinue (temporarily or permanently) the Services or Software, in whole or in part, or create new limits regarding the use of our Services and Software without liability to you or any third party.
Warranties and Disclaimers
Bimfire provides our Services and Software using a commercially reasonable level of skill and care.
Other than as expressly set forth in these general terms or additional terms, neither Bimfire nor its suppliers or vendors make any specific promises about the services or software.
The services and software are provided “as is” and “as available” without warranty of any kind whatsoever and your use of the services and/or software is at your own risk. Bimfire disclaims all warranties, express or implied, including but not limited to warranties related to availability, accuracy, non-infringement, and implied warranties of merchantability and fitness for a particular purpose. You assume responsibility for selecting the services and software to achieve your intended results, and for the use thereof. Bimfire makes no warranty that the services or software will meet your expectations or requirements or that the services or software will be uninterrupted, timely, secure or error-free.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Bimfire be liable under any legal theory (including negligence) for any lost revenues, lost profits, lost data, or any direct, special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to your use of the services or software even if Bimfire has been advised of the possibility of such damages.
**Internet Access and Fees ** The processing and transmission of communications and content from you to the Services and/or Software may involve transmissions over the internet and may involve one or more internet service providers, mobile service providers and networks (“Third Party Providers”). You acknowledge and agree that your use of Third Party Providers services are your sole responsibility and that Bimfire cannot and will not be liable for the timeliness, deletion, mis-delivery or failure of any Third Party Providers or any charges, fee or taxes you may incur from such Third Party Providers.
Links and Third Parties
The Services and/or Software may contain links to other internet sites or online resources over which Bimfire has no control. These links and resources are provided for convenience only and should not be construed as an endorsement by Bimfire of any content, items, or services on such third party websites. Your access, viewing and use of such website links, including any content, items or services therein, are solely at your own risk. Bimfire is not responsible or liable in any way for any content, advertising, services or goods on or available from such third party websites or resources.
DMCA and Copyright Infringement
Bimfire respects the intellectual property rights of others and we expect you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
Trade and Export Laws
The Services and Software and your use thereof are subject to the Swedish trade and export laws, regulation and restrictions (“Export Laws”). Export Laws govern the import, export and use of the Services and Software. You agree to comply with all applicable Export Laws. You agree that you will not upload or otherwise provide Bimfire with any content, documents, or other materials that cannot legally be transferred from your location to Sweden.
Bimfire ’s websites describing the Services and Software are accessible worldwide; however, not all Services, Software or features thereof may be available in your country. The Services and Software are also not available in all languages.
Notices to Bimfire shall be sent via e-mail to firstname.lastname@example.org
Notices to you shall be sent via e-mail to the email address you provide and maintain in your User Account.
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without Bimfire’s prior written consent, and any such attempt will be void. Bimfire may transfer our rights under the Terms to a third party.
Whenever possible, each provision of the General Terms and Additional Terms shall be interpreted in such a manner as to be effective and valid under applicable law. Notwithstanding the foregoing, if any term, provision, covenant or condition of the General Terms and Additional Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
No failure or delay by Bimfire in enforcing any right or provision of the General Terms or Additional Terms will be deemed a waiver unless made in writing and signed by a duly authorized representative of Bimfire. No single waiver will be considered a continuing or subsequent waiver.
The General Terms and all Additional Terms shall be governed and construed in accordance with the Swedish laws, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Sweden. The provisions of the United Nations Convention on Contracts for International Sales of Goods shall not apply to the General Terms or Additional Terms or the transactions contemplated thereby.
Any dispute, controversy or claim arising out of or in connection to these General Terms or any Additional Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the Arbitral Tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Stockholm, Sweden.