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BIM Object Licence Use Agreement

 

Between

Saint-Gobain PAM, a French "Société Anonyme" with share capital of 137.927.773 euros, having its registered address at 21, avenue Camille Cavallier, Pont-à-Mousson (54700), France, incorporated under number 755 802 105, hereinafter the "Licensor",

and

Anybody downloading the targeted BIM Object, hereinafter the "Licensee".

 

IMPORTANT - READ CAREFULLY

By downloading, copying or using the BIM object entitled "pam-bim-en.zip" (hereinafter the "BIM Object") you undertake to abide by the terms of this agreement and disclaimer clauses incorporated in its use.

YOU AGREE THAT THIS AGREEMENT IS APPLICABLE IN THE SAME WAY THAT ANY NEGOTIATED AGREEMENT SIGNED BY YOU.

If you do not agree with these terms you should not use the BIM Object and immediately destroy all copies in your possession.

 

Article 1 : Definitions

In this agreement the term "BIM Object" means the BIM object as it is available in its current version on sites www.pambatiment.fr and www.saint-gobain-pam-cast-iron.com, and all associated media, documents, "online" or electronic.

The term "Use" means downloading the BIM Object, installation, copy or otherwise benefit from the use of its functionality for its intended purpose.

 

Article 2 : Purpose of the agreement

This agreement is intended to define the principles and conditions under which the Licensor to Licensee assigns a right of personal use, non-exclusive, non-transferable subject of BIM.

Licensee may use the BIM Object on one or more stations for professional applications.

 

Article 3 : Rights and Limitations

Licensee is authorized to:

- Use the BIM Object on one (1) or more computers.

- Make one (1) or more copies of the BIM Object in a workable format, only for backup and archive purposes provided that you reproduce on that copy all copyright notices and other legends exclusive contained on the original.

 

Licensee is not authorized to:

- Use the BIM Object and make copies of the BIM Object, except as authorized by this license.

- Edit, translate, correct the BIM Object without the express agreement of Saint-Gobain PAM.

- Make any reverse engineering, disassemble, decompile the BIM Object to create any derivative BIM Object,

- Rent, lease, sell, lend, distribute, make available, transfer by any means and on all supports the BIM Object or a copy to any third party outside.

 

Article 4: Update

Licensor may create new versions of BIM and may, at its own discretion, make available to the Concessionaire. Any new version of the BIM Object replaces the previous one and remains subject to the principles and conditions of this license agreement.

 

Article 5: Duration

Unless terminated in accordance with Article 10, this agreement is concluded for the entire legal term of protection of copyrights over the BIM Object.

 

Article 6: Property

The BIM Object is the exclusive property of the Licensor. It is protected by copyright and by international conventions.

Accordingly, Licensee acknowledges that it will strive to assert and enforce the Licensor’s copyright in the BIM Object. It is reminded that the violation of any of the rights of authors is a forgery and any infringement is punishable in France by Article L335-2 of the French Code of intellectual property and punishable by three years imprisonment and a 300,000 euro fine.

Any such infringement that would be the fact of third parties and whose the Licensee has knowledge should be denounced to him to the Licensor who shall personally lead to prosecution.

Any infringement allegation made against the Licensee due to the use of the BIM Object must be notified to the Licensor will support the defense of the Concessionaire under the conditions and forms he sees fit and set alone.

 

Article 7: Warranty

The BIM Object reports to a particularly complex area of computer technology. In the state of computer technology, no absolute guarantee can be given.

As far as the applicable law allows, this BIM Object is provided to Licensee as is without any guarantees or assurances of any kind, written or oral, express or implied. In particular, the Licensor does not guarantee that the BIM Object will be compatible with the equipment of the Licensee and software configuration, nor that it will work in good conditions on the hardware and software configuration of the Licensee.

 

Article 8: Responsibility

To the fullest extent permitted by applicable law, Licensor shall not be held liable for damages of any nature whatsoever suffered by the user or third parties arising directly or indirectly from use, including loss or deterioration data, or any commercial or financial loss resulting from the use or inability to use, and this even if the Licensor has been advised beforehand of the possibility of such damages.

The Licensor shall not in any way and under any circumstances be liable to compensate for any direct or consequential damages.

The modelized rendering of the BIM Object and its functions (hereinafter the "Modeling") is an interactive modeling of an existing object.

In no way Saint-Gobain PAM cannot be held responsible for the use made of modeling. It is incumbent upon interested persons to ascertain whether the object is suitable for its intended purpose and meets the regulatory requirements at national, local or regional.

The use of the Modeling confers no right to the user on the application of the Modeling, including brands, data and images incorporated in this application, for which no use can be made without the prior written permission Saint-Gobain PAM.

 

Article 9: Entire Agreement - Severability

This agreement expresses the entire obligations of the parties. No document may create obligations under this Agreement if it is the subject of an amendment signed by both parties. If any of the provisions of the agreement is held invalid or irrelevant, it shall be deemed unwritten and will not involve the nullity of the other provisions.

 

Article 10: Termination

This License Agreement will be automatically terminated at any dealer who does not respect the terms and conditions set forth in this agreement. Assuming that prohibition of use, the Concessionaire will be obligated to destroy all copies he has made of the BIM Object or elements of the BIM Object.

 

Article 11: Non-transferable agreement

This License Agreement is concluded intuitu personae. It is not transferable and may not be sublicensed.

 

Article 12: Applicable Law

This License Agreement shall be governed and construed in accordance with French law.

 

Article 13: Dispute resolution

In case of dispute arising from the execution or interpretation of this agreement, the parties undertake to seek an amicable solution. Failing this, the dispute will be the exclusive jurisdiction of French courts.

 

Article 14: Language

The official language of the Agreement is French, which shall prevail over any other language used in any translated document.

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