04. License - 02. User Agreement

Page / - last modified by MaxiBIM Admin on 2021/07/01 21:13

02. User Agreement

last modified by MaxiBIM Admin

on 2021/07/01 21:13

Table of Contents

MaxiBIM License and Services Agreement

Introduction

Thank you for choosing MaxiBIM Software. To use MaxiBIM Software (hereinafter referred to as the "Software") and Services, you must carefully read this Agreement, fully understand the contents of the terms, in particular the terms of exemption or limitation of liability, as well as the separate agreement for access to or use of a service, and check “I have read and agree with MaxiBIM User License Agreement” when register. Unless you have read and accepted all the terms of this agreement, you have no right to download, install or use the software and related services. By downloading, installing, using and logging in, you shall be deemed to have read and agreed to be bound by the Agreement.

1. Scope of Agreement

1.1 Scope of Subject of the Agreement

1.1.1 This Agreement is the agreement between you and MaxiBIM Software regarding your download, installation, use and replication of the software and your use of MaxiBIM Software related services.

1.2 Agreement and Conflict Terms

1.2.1 This Agreement also includes the relevant agreements, business rules and other contents regarding the Service that may be continuously released by MaxiBIM. Once the above content is officially released, it shall be an integral part of this Agreement and you shall also abide by it.

2. About the Service

2.1 Content of the Service

2.1.1 This Service refers to a series of software licenses and services (hereinafter referred to as "the Service") provided by MaxiBIM to users, such as MaxiBIM Revit Add-on and MaxiAEC.

2.2 Type of the Service

2.2.1 To use the Service, you need to download the MaxiBIM client application. MaxiBIM grants you a personal, non-transferable and non-exclusive license to use the software. You may use these software and services only for the purpose of accessing or using the Service.

2.3 Scope of the Service

2.3.1 MaxiBIM grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device.

2.3.2 You may create a copy of the Software for the purpose of using the Software and Services, only for backup. Backup copies must include all copyright information contained in the original software.

2.3.3 All other rights not expressly authorized by this article and other terms hereof shall be reserved by MaxiBIM, and you shall obtain written permission from MaxiBIM before exercise these rights. The failure or neglect by MaxiBIM to enforce any of rights under this agreement will not be deemed to be a waiver of that party's rights.

3. Obtaining the Software

3.1 You may obtain the Software directly from the website of MaxiBIM, or from a third party authorized by MaxiBIM.

3.2 In case that you obtain an installer or the Software with the same name as the Software from a third party that is not authorized by MaxiBIM, MaxiBIM cannot guarantee the normal use of the Software and shall not be responsible for any losses caused to you.

4. Installing and Uninstalling the Software

4.1 MaxiBIM may have developed different software versions to suit different requirements. You should choose the appropriate version to download for installation according to the actual condition.

4.2 After downloading the installer, you need to follow the steps provided to install the Software properly.

4.3 For optimizing your user experience and improve security, MaxiBIM may recommend you to install other application during the installation of this software. You can choose to install those applications or not.

4.4 If the Software and services are no longer required by the user, or Upgrade version of the Software are provided, you can uninstall the software by yourself.

5. Effect of Upgrade

5.1 To improve user experience and provide further service content, MaxiBIM will make continuous efforts to develop new products and provide you with software updates occasionally (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.)

5.2 To ensure the security and consistency the Software and the Service, MaxiBIM reserves the right to update the Software or change or limit some functions of the software without additional notification.

5.3 After the release of the new version of the software, the prior version of the Software may not be usable. MaxiBIM does not guarantee the availability of the old version of the Software and the corresponding customer service. Please timely check and download the latest version.

6. Privacy Policy

6.1 In MaxiBIM, protecting our users’ privacy and security is a key principle.

6.2 MaxiBIM will take reasonable measures to protect the user's personal information. Except as otherwise required by laws and regulations, MaxiBIM will not share users' personal information with any third party without the user's permission. MaxiBIM adopts professional encryption storage and transmission method for relevant information to guarantee the security of users' personal information.

6.3 In the process of registering or using the Service, you may need to provide necessary information. If there are special provisions in laws, regulations or policies, you need to provide your real identity information. Based on certain product functions, MaxiBIM may requires you to provide partial identification of users who use the function. MaxiBIM will collect the computer hardware information and software system information that you have activated on and bound the Software to, in an encrypted way, and such information is not related to the identity of the user. You agree that MaxiBIM collects the information for above purposes, and that if you do not provide or provide incomplete information, you will not be able to use the Service or be limited in using it.

6.4 Under normal circumstances, you can browse and modify the information you submitted at any time, but for security reasons and identification, you may not be able to modify the initial registration information and other verification information provided during registration.

6.5 MaxiBIM will apply various security technologies and programs to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.

6.6 Without your consent, MaxiBIM will not disclose your personal information to any company, organization or individual other than MaxiBIM, except as otherwise stipulated by laws and regulations.

6.7 If you are a minor under 18, written consent of your parent or legal guardian should be obtained before using the services provided by MaxiBIM.

7. Terms of Rights and Obligations

7.1 Third Party Products and Services

7.1.1 When you use the products or services provided by a third party of the Software, such as Revit Family, MaxiBIM does not guarantee the safety, accuracy, effectiveness or other uncertain risks of the services and contents provided by the third party. MaxiBIM has no responsibility for, and makes no representations or warranties regarding any disputes or damages caused thereby and shall not assume any liability.

8. Terms of Rights and Obligations

8.1 User Code of Conduct

8.1.1 The information content mentioned in this article refers to any content produced, copied, published or transmitted by users in the process of using the Software and Service.

8.1.2 You understand and agree that MaxiBIM have been committed to providing a civilized, healthy, standardized and orderly network environment for users, and you shall not use your account or the Software and Service to produce, copy, publish or disseminate the following contents, including but not limited to, that interfere with normal operation or infringe upon the legitimate rights and interests of other users or third parties

8.1.2.1 Violate the basic principles established by the Constitution;

8.1.2.2 Endanger national security, divulge state secrets, subvert state power and undermine national unity;

8.1.2.3 Damage national honor and interest;

8.1.2.4 Incite national hatred and ethnic discrimination, and destroy national unity;

8.1.2.5 Undermine national religious policies and promote cults and feudal superstition;

8.1.2.6 Spread rumors, disturb the social order and undermine social stability;

8.1.2.7 Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;

8.1.2.8 Insult or slander others and infringe legitimate rights and interests of others;

8.1.2.9 Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;

8.1.2.10 Carry out any activity in the name of any illegal civil organization;

8.1.2.11 Contradict to Interim Provisions on the Administration of the Development of Public Information Services of Instant Messaging Tools and comply with the requirements of "seven bottom lines" including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality and information authenticity;

8.1.2.12 Contain any other content prohibited by laws and administrative regulations.

8.2 Software Usage Specification

Unless permitted by law or approved in writing by MaxiBIM, you may not engage in any of the following activities during the use of the Software:

8.2.1 Remove Information about copyright in the Software and its copies;

8.2.2 Reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of the Software;

8.2.3 Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site of the contents of which MaxiBIM owns intellectual property rights;

8.2.4 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by MaxiBIM to access to the Software and related systems;

8.2.5 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.

8.2.6 Login or use MaxiBIM Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by MaxiBIM, or produce, publish, disseminate the these tools;

8.2.7 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;

8.2.8 Other acts not expressly authorized by MaxiBIM.

8.3 Service Operation Requirement

Unless permitted by law or approved in writing by MaxiBIM, you may not engage in any of the following activities during the use of the Software:

8.3.1 Submit and publish false information, or impersonate others or use the name of others;

8.3.2 Induce other users to click on the link pages or share information;

8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;

8.3.4 Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;

8.3.5 Utilize any MaxiBIM account, any function and any third-party operating platform to conduct promotion or mutual promotion without written permission from MaxiBIM;

8.3.6 Utilize any MaxiBIM account or the Software and Services to engage in any illegal and criminal activities;

8.3.7 Make or release the methods or tools related to the above-mentioned acts, or operate or spread such methods or tools, whether or not for commercial purposes;

8.3.8 Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by MaxiBIM.

8.4 Limitation of liability

You fully understand and agree that you must be responsible for all acts under your account, including any content and any comments you published and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. MaxiBIM cannot and will not be responsible for any loss or damage caused by the foregoing risks.

8.5 Breach of Contract

8.5.1 If MaxiBIM finds or receives any report or complaint from others against the user on violation to this Agreement, MaxiBIM is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.

8.5.2 You understand and agree that MaxiBIM is entitled to, based on its reasonable judgment, punish any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant departments etc. The user shall bear all the resulting legal responsibilities.

8.5.3 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to MaxiBIM.

9. Disclaimer & Intellectual Property Statement

9.1 MaxiBIM is the holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, related data or electronic documents) are protected by laws and regulations of the People's Republic of China and corresponding international treaties. MaxiBIM owns the above intellectual property rights, except for those rights owned by relevant right holders in accordance with the laws.

9.2 You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of MaxiBIM or relevant rights holders.

10. End-User Security Responsibilities

10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.

10.2 You shall not produce, publish, use, and spread any malicious program which steals MaxiBIM accounts and other personal information or property.

10.3 It is the common responsibility of you and MaxiBIM to maintain software security and normal use. MaxiBIM will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that MaxiBIM cannot therefore provide a complete guarantee.

11. Third-Party Software or Technology

11.1 The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.

11.2 If any third-party software or technology is adopted for the Software, MaxiBIM will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require MaxiBIM to provide assistance. You shall be solely liable for relevant legal responsibilities.

11.3 Any third party shall be liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to MaxiBIM. MaxiBIM does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.

12. Miscellaneous

12.1 Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. MaxiBIM reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.

12.2 This Agreement is signed in Yangpu District, Shanghai City of the People's Republic of China.

12.3 The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China, without regard to the principles of conflict of laws.

12.4 If any dispute arises between you and MaxiBIM, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the signing place of this Agreement.

12.5 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.

12.6 This Agreement may be drafted and concluded in different languages, including Chinese, English and others. In case of any inconsistency and discrepancy between the Chinese version and any version of other language, the Chinese version shall prevail.

12.7 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties.

(End)

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