CADSwift – Terms of Use

This software licence agreement for the CADSwift Library Parts for ArchiCAD (“Agreement”) constitutes a legal agreement between you, the end-user, and CADSwift for the enclosed product consisting of ArchiCAD library parts plus user documentation (called the “Software”).

BEFORE YOU CAN DOWNLOAD THE Software, YOU MUST CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON “I AGREE” AT THE END OF THESE TERMS AND DOWNLOADING THE Software, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IN RETURN FOR CADSwift LICENSING YOU TO USE THE Software. If You do not agree to, or do not fully understand these terms and conditions, don’t click “I agree”.

On your acceptance of this Agreement, CADSwift grants you a non-exclusive licence to use the Software on the terms set out below.

General

1. 1.1 The Software is licensed, not sold. You own the media on which the Software is recorded, but not the Software itself, which remains the property of CADSwift’s licensor.
2. 1.2 The Software is licensed on 12 month subscription model.
3. 1.3 This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any earlier representations and agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
4. 1.4 No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.
5. 1.5 If part or all of any clause of this Agreement is illegal or unenforceable it will be severed from this Agreement and will not affect the continued operation of the remaining provisions and will remain enforceable to the greatest extent permitted by law.
6. 1.6 This Agreement shall be governed by the laws of the Australian Capital Territory, and the parties submit to the non-exclusive jurisdiction of the courts of Australia Capital Territory.

Payment

1. 2.1 All orders that you place on this website by adding products to your shopping cart are subject to payment in accordance with the payment processes on this website.
2. 2.2 Once your payment has been confirmed you will receive confirmation of your order detailing the product you ordered. You will also receive a link to download the products you order. You will be giving suitable limited time, noted in your confirmation, in which you can download the products you ordered.
3. 2.3 All prices exclude Australian Goods and Services Tax (GST) which will be added (where applicable) at the applicable current rates. You are responsible for payment of any taxes, levies or other similar payments required in your jurisdiction.

Intellectual Property

1. 3.1 The Software is an original work and protected by copyright laws protecting the owner’s rights and intellectual property.
2. 3.2 CADSwift reserves for its licensor all rights to the Software including its documentation, logos, trademarks, icons and interface in whole or in part and any copies thereof.

Licensor’s Obligations

1. 4.1 The Licensor must supply the Software and Guideline to the Licensee as soon as practicable after it receives the licence fee. The Licensor will offer upgrades and new versions of the Software to the Licensee if they become available. A further fee will be payable for any upgrade.

Warranty Disclaimers and Liability Limitations:

1. 5.1 The following provisions are without prejudice to any rights you may have at law which may not be legally excluded.
2. 5.2 Although CADSwift has tested the Software, the Software is sold “AS IS,” without any warranty; expressed or implied, as to its conformity to or fitness for any particular purpose, or that the Software will perform uninterrupted and without errors. CADSwift disclaims all other warranties, statutory, expressed or implied, including warranties of merchantability, fitness for a particular purpose, quality, completeness, or precision of the Software’s functions.
3. 5.3 No advice or information given by CADSwift employees, its resellers, agents, or consultants shall constitute a warranty by CADSwift or extend the warranty in this Agreement.
4. 5.4 In no event shall CADSwift be liable for any damages whatsoever, including but not limited to damages for lost income, business interruption, loss of business information, or other pecuniary loss, arising from the use or misuse of the Software, even if CADSwift or its employees, resellers, or agents have been advised of the possibility of such damages.
5. 5.5 If any of the exclusions or limitations of liability in this Agreement are held to be invalid in whole or in part, CADSwift’s maximum liability shall be limited to the licence fee paid by you for the Software.

The License

1. 6.1 The Licensor grants the Licensee a non-exclusive, non transferable licence to use the Software in your own office on each computer on which you are using ArchiCAD provided you are authorised to use ArchiCAD on that computer.
2. 6.2 You are required to purchase separate licenses for each ArchiCAD Keyplug you use, regardless of whether you use a Single licence Keyplug or a Multiple License server Keyplug.
3. 6.3 If You are an individual, You have the non-exclusive right to install and use one copy of the Software on each computer you use with the same individual ArchiCAD License.
4. 6.4 If You are a company, You have the non exclusive right to install the Software on a network server for the purpose of distribution to one or more other computers in the network of the company, for the exclusive purpose of use by employees of the company in the course of their employment. You are required to purchase one license for each server.
5. 6.5 You must not copy, reproduce, or permit to be copied or reproduced, part or all of the Software or any Documentation for any purpose, except that You may make a reasonable quantity of copies of the Software solely for Your own back-up or archival purposes. Any other copies of the Software will be in violation of this Agreement.
6. 6.6 You may transfer Your right under this Agreement on a permanent basis, provided that You transfer this Agreement, all copies of the Software, all Documentation and the recipient thereof agrees to be bound by the terms of this Agreement.
7. 6.7 You must not, and must not attempt to, sell, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software, make access to the Software available to others in connection with a service bureau, application service provider, or similar business, nor transfer it by network for commercial use, either in whole or in part, without a specific license from CADSwift to do so.
8. 6.8 You must not remove or tamper with any copyright notices on the Software.
9. 6.9 You are prohibited from altering, modifying, tampering with, reverse engineering or attempted reverse engineering, decompiling or disassembling the Software in any way.
10. 6.10 You are prohibited from adapting, translating or creating any derivative works based in whole or in part on the Software.

Term and Termination

1. 7.1 Subject to earlier termination as provide below, this Agreement is for a period of twelve (12) months beginning upon the date of the purchase order, and shall be automatically renewed for additional periods of the same duration unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
2. 7.2 This Agreement remains in effect until it is terminated. You may terminate the Agreement at any time by destroying the Software and all copies of it. This Agreement will automatically terminate if you breach any part of this Agreement. Upon termination, you must destroy the Software and all copies of it. To the extent permitted by law, CADSwift will not be liable for reimbursing the price of the Software nor will CADSwift be liable for any loss, cost or expense you may suffer or incur in connection with any termination.