BRICSCAD BETA TESTER PROGRAM AGREEMENT

As an End-User of the BricsCAD Beta Software (“Beta Software”), you agree to the terms of use of the Beta Program (“Beta Program Conditions”) and the Bricsys End-User License Agreement (“EULA”) (together “the BricsCAD Beta Tester Program Agreement”). Where the Beta Program Conditions expressly deviate from the terms of the EULA, the Beta Program Conditions prevail. If you do not agree to the terms of the BricsCAD Beta Tester Program Agreement, do not install or use the Beta Software.

BETA PROGRAM CONDITIONS

The Beta Program is intended for you to test new and confidential features of the Beta Software. You are not allowed to access the Beta Software if you are an employee of a competitor of Bricsys or if you otherwise work for or are part of or have any interests in a competitor of Bricsys.

CONFIDENTIALITY

The Beta Software may include, without limitation, new features, new code, etc. (“New Items”). Any of these New Items constitute Confidential Information of Bricsys. You agree not to use any of the Confidential Information for any purposes other than the testing of the Beta Software. You agree not to disclose any of the Confidential Information to any party outside Bricsys, whether it is an individual, a corporation, or any other entity, unless they are bound by these Beta Program Conditions as well. The obligations herein will not apply to any confidential information which is or becomes available to the public other than by breach of this Agreement by you, is rightfully received by you from a third party without confidential limitations, is independently developed by you, or is known to you without any restriction as to use or disclosure prior to first receipt of same information from Bricsys.

To guarantee confidentiality, the Beta Software may not be installed on any public or shared computers. Only the person bound by these Beta Program Conditions may have access to and/or use the Beta Software.

USAGE

Use is limited to the testing of the Beta Software. In no event should the Beta Software be used for any commercial activities. It is not permitted to make available or distribute the Beta Software to any third party. Bricsys makes no commitment regarding any service levels, functionalities, features or data and provides no warranties at all. The Beta Software may contain code that has not been fully tested, including errors that may cause loss of data or system failure. Use of the Beta Software is restricted to the duration of the Beta Program. Bricsys reserves the right, without notice to end access to the Beta Software at any time.

END-USER FEEDBACK

By participating in the Beta Program, you authorize Bricsys, at its sole discretion, to make any use of any feedback that you provide, free of charge, without limitation of time. You hereby warrant that you are authorized to provide any feedback that you give, and that this feedback is free of any third-party rights.

NO OBLIGATION REGARDING NEW ITEMS

Bricsys has no obligation whatsoever to include any New Items that appear in the Beta Software in any new release and/or version of Bricsys’ software. Any decisions in this respect will be at Bricsys’ sole discretion.

LIABILITY AND INDEMNIFICATION

Without prejudice to the indemnification and liability provisions of the EULA, you agree to hold harmless and indemnify Bricsys in case you breach any of the clauses of the Beta Program Conditions.

BRICSYS END-USER LICENSE AGREEMENT

This Bricsys End-User License Agreement ("EULA") is a legal AGREEMENT between you (as the registered representative and on behalf of a single entity) ("End-User-Licensee") and Bricsys NV ("Bricsys"), a subsidiary of the Swedish public company Hexagon AB, for the Bricsys product, which may include "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

For purposes of this EULA, the term SOFTWARE PRODUCT shall include upgrades, modified versions, updates, additions and copies of the SOFTWARE PRODUCT licensed pursuant to the terms of this EULA.

SOFTWARE PRODUCT may refer to one or both of (a) the regular version of BricsCAD, and/or (b) BricsCAD Shape (unpaid license), depending on the choice you have made when installing a SOFTWARE PRODUCT.

SOFTWARE PRODUCT OWNERSHIP

This is a license agreement and not a sale. Title, ownership rights, and intellectual property rights in and to the SOFTWARE PRODUCT (including without limitation any code, images, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT, but not including the program FFmpeg.exe), the accompanying printed materials, any copies of the SOFTWARE PRODUCT, and any copies you as End-User-Licensee are permitted to make, are owned by Bricsys or its suppliers and affiliates and are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws, treaties and trade secret laws. Absent a separate written agreement between you and Bricsys, your rights to use the SOFTWARE PRODUCT are specified in this EULA and Bricsys retains all rights not expressly granted to you in this EULA. Nothing in this EULA constitutes a waiver of Bricsys' rights under international copyright law or any other applicable intellectual property laws or treaties. You agree to treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. You may not remove, modify or alter any Bricsys copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the electronic media or documentation, in any of the runtime resources, or in any web presences or web-enabled notices, code, or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
The program in its regular BricsCAD version (not BricsCAD Shape) makes use of FFmpeg under the LGPLv2.1 license. The owners of this SOFTWARE PRODUCT and all related copyrights explicitly state that they do not own FFmpeg nor any related copyright on FFmpeg.
The sources used for compiling the binary have been included in this installation as an archive named ffmpeg-3.0.2.tar.bz2.
The owners of FFmpeg can be contacted at https://www.ffmpeg.org/.
This software contains Autodesk^® FBX^® code developed by Autodesk, Inc. Copyright 2018 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.

GRANT OF LICENSE

Subject to the provisions contained herein, Bricsys hereby grants End-User-Licensee a non-exclusive, non-transferable license as follows:

SOFTWARE PRODUCT

You may install and use one copy of the SOFTWARE PRODUCT, or any upgrades, modified versions, updates and additions thereto (collectively, the "Enhancements", which should be properly licensed) for a single operating system, on a single computer. Additionally, you may install, on behalf of the single entity, one (1) copy of the SOFTWARE PRODUCT on a second computer used by you, as the primary user, non concurrently. For the avoidance of doubt, you may install the SOFTWARE PRODUCT on a server or otherwise host the SOFTWARE PRODUCT on the Internet or any intranet or extranet, but not in a manner that would enable multiple users to access a single copy of the SOFTWARE PRODUCT, regardless of whether such access is performed concurrently or consecutively, unless you have obtained Bricsys' prior written consent.

STORAGE/BACKUP

You may make one (1) copy of the SOFTWARE PRODUCT for backup purposes only.

NO OTHER LICENSES

Other than the uses expressly permitted in this EULA, there is no license granted in this EULA under any patent, copyright, trade secret or other intellectual property rights, either expressly, by implication or under any other theory of law or equity.

NO CONCURRENT USE

Unless you have acquired a network or volume license, the SOFTWARE PRODUCT may not be shared or used concurrently on more than one computer.

IN CASE OF NETWORK OR VOLUME LICENSE

In case you have acquired a network or volume license, the SOFTWARE PRODUCT may be used concurrently - for a network license, within a LAN (Local Area Network) - by the maximum number of users for which you have obtained such a network or volume license.

USAGE OF NOT FOR RESALE PRODUCTS

Not For Resale product (“NFR”), Evaluation, Beta, Academic are all designations for SOFTWARE PRODUCTS made available by Bricsys (Hexagon AB) to resellers, distributors, academic institutions, students and specific individuals. You may download, install and access these designated products only for purposes as expressly permitted by Bricsys. Use is limited to non-commercial activities such as testing, support, training, demonstration, internal development or specific evaluation purposes and it is restricted to the expiration period indicated for such licenses. It is not permitted to make available or distribute to any third party. Bricsys makes no commitment regarding any service levels, functionalities, features or data and provides no warranties at all to these types of products. These products may contain code that has not been fully tested, including errors that may cause loss of data or system failure. Bricsys reserves the right, without notice to end access to these product designations at any time.

MAINTENANCE

Maintenance applies to a specific active time frame (start and end date) as determined when purchased. Maintenance within the active purchased time period provides you access to BricsCAD updates and priority support. You can find more information about this here.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law and as required to obtain interoperability with other independently created software, or as may be otherwise specified by law. Notwithstanding the preceding sentence, the SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on other computers.

NO ASSIGNMENT OR TRANSFERS

You shall not sublicense, sell, lease, rent, assign or otherwise transfer the rights granted herein without the prior written consent of Bricsys. Bricsys shall not unreasonably withhold or delay such consent in the event of a change of control or ownership in the entity for which the SOFTWARE PRODUCT is being licensed.

TERMINATION

Without prejudice to any of Bricsys' other rights, Bricsys may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you agree to destroy all copies of the SOFTWARE PRODUCT and all of its component parts. Proper functioning of the SOFTWARE PRODUCT requires a License Key, which may have a limited period of validity. Your right to use the SOFTWARE PRODUCT terminates immediately upon the expiration of the applicable License Key. End-User-Licensee shall continue to be bound by the terms and conditions of this EULA following the expiration of the License Key.

ENHANCEMENTS

You must be eligible and properly licensed to use an Enhancement as identified by Bricsys. A SOFTWARE PRODUCT labelled or otherwise identified by Bricsys as an Enhancement replaces or supplements the SOFTWARE PRODUCT that formed the basis for your eligibility for such Enhancement. You may use the resulting Enhanced SOFTWARE PRODUCT only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an Enhancement of a component of a package of software programs that you licensed as a single product, the Enhanced SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on other systems.

LIMITATIONS ON DATA SETS

If the SOFTWARE PRODUCT has built-in restrictions that disable creation or editing of data sets of certain types (this typically may apply to 'LITE' versions of a product) then you shall not bypass this limitation by using other data sets than the restricted ones delivered with the product. Such restricted SOFTWARE PRODUCT is available at a lower price because of its data set limitations, hence to become entitled to use unrestricted data sets you must upgrade to an unrestricted version of the SOFTWARE PRODUCT.

EXPORT LAW ASSURANCES

You agree to comply with all applicable laws with respect to export controls and economic sanctions. You agree and certify that you will not export or re-export the SOFTWARE PRODUCT to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT to any country to which the U.S. has embargoed or restricted the export of goods or services. You further specifically agree not to export or re-export, directly or indirectly, a SOFTWARE PRODUCT that is intended to be used for any purposes prohibited by the United States Government regulations or the EU Dual Use Regulations, including but not limited to nuclear and/or missile proliferation or chemical or biological weapons or weapons precursor development, unless you first obtain written permission to do so from Bricsys. Your obligations in this clause shall survive the termination or expiration of the EULA.

INDEMNIFICATION

The SOFTWARE PRODUCT and all Enhancements are intended for use as specified in this EULA and in accordance with the documentation accompanying the SOFTWARE PRODUCT and the Enhancement, respectively. It is your responsibility to ascertain whether any additional copyright, patent or other licenses are necessary and to obtain any such licenses. You agree to hold harmless, indemnify, and defend Bricsys, its officers, shareholders, directors, and employees, from and against any losses, damages, fines, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to any claims that you have encoded, compressed, copied, or transmitted any materials (other than the materials provided by Bricsys) in connection with the SOFTWARE PRODUCT or an Enhancement in violation of another party's rights or in violation of any law. If you are importing the SOFTWARE PRODUCT or an Enhancement from the United States, you shall indemnify and hold Bricsys harmless from and against any import and export duties or other claims arising from such importation.

LIMITED WARRANTY

CUSTOMER REMEDIES

During the limited warranty period of one (1) year for BricsCAD and thirty (30) days for BricsCAD Shape, Bricsys and its suppliers' entire liability and your exclusive remedy shall be, at Bricsys' sole option, either (a) return of the price paid by you for the SOFTWARE PRODUCT, if any, or (b) replacement by granting you the right to download the SOFTWARE PRODUCT again. This Limited Warranty is void if damage of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or 30 (thirty) days, whichever is longer.

NO OTHER WARRANTIES

The warranties above are exclusive and in lieu of all other warranties, whether express of implied. To the maximum extent permitted by applicable law, Bricsys and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software product and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, depending on your country, state or jurisdiction.

LIMITATION OF LIABILITY

Except in relation to death and personal injury and only to the maximum extent permitted by applicable law, in no event shall Bricsys or its suppliers be liable for any special, incidental, indirect, speculative, punitive or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, damages for loss of good-will, computer failure or malfunction, or any other pecuniary loss) incurred by End-User Licensee or any other third party arising out of the use of or inability to use the SOFTWARE PRODUCT, the documentation, or any other accompanying materials, or the provision of or failure to provide support services, even if Bricsys or its suppliers have been advised of the possibility of such damages. In any case, Bricsys's entire liability under any provision of this EULA shall be limited in any single event or in the aggregate to ten United States dollars (u.S. $10.00). End-User Licensee accepts the terms and conditions of this Agreement with the understanding that Bricsys' liability is limited, the prices payable have and will be calculated accordingly, and that End-User Licensee may reduce its risk further by making appropriate provision for insurance. End-User Licensee agrees to mitigate any losses or damages. Because some countries, states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

U. S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Bricsys nv, Bellevue, 5/201 - 9050 LEDEBERG (GENT) - BELGIUM.

MISCELLANEOUS

CHOICE OF LAW

This EULA is governed by the laws of Belgium without regard to its principles governing conflicts of law. By using the SOFTWARE PRODUCT, you consent to the personal and exclusive jurisdiction and venue of the state and federal courts sitting in Ghent, Belgium.

AUDIT

Bricsys reserves the right to conduct audits to verify End-User-Licensee's compliance with this EULA.

SEVERANCE

If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and all the other provisions shall remain in full force and effect. Any invalid provision shall be replaced with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.

HEADINGS

The headings used in this Agreement are intended for convenience only and shall not be deemed to supersede or modify any provisions.

WAIVER

The waiver by Bricsys of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for breach of Bricsys' proprietary rights in the SOFTWARE PRODUCT, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the cause of action has accrued.

LANGUAGE

The English version of the EULA is the sole official one and can be consulted at any time on the Bricsys website. (www.bricsys.com/eula). All versions in other languages are provided for convenience only.