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END-USER LICENSE AGREEMENT

FOR NUCOR – VULCRAFT GROUP ADD-IN FOR REVIT SOFTWARE

IMPORTANT: THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING AND USING THIS ADD-IN.

 

Nucor Corporation, through its Vulcraft Group divisions, affiliates and subsidiaries (collectively “Licensor”), owns and licenses the NuBIM Vulcraft Add-In for Revit® software (“NuBIM Software”).  In connection with the NuBIM Software, other software, including but not limited to PDF writer and PDF converter software, associated media, printed material, Content (as defined below), and online or electronic documentation may be provided by Licensor or made available by Licensor through www.vulcraft.com or www.vulcraft.ca (collectively, with the NuBIM Software, the “Software Product”).  By installing, copying, or otherwise using the Software Product, you and your company (collectively, “End-User”) agree to be bound by the terms and conditions of this End-User License Agreement (“EULA”). The End-User and Licensor may each be referred to herein as “Party” or collectively as the “Parties”.

This EULA represents the entire agreement between the Parties concerning the Software Product, and it supersedes any prior proposal, representation, or understanding between the Parties regarding the Software Product. If you do not agree to the terms of this EULA, do not install or use the Software Product. Licensor may revise and update the terms and conditions of the EULA at any time. End-User’s continued usage of the Software Product will mean that the End-User accepts those changes.

By clicking the button marked “I AGREE” in the place provided when downloading the NuBIM Software and other software, including the PDF writer and PDF converter software, the End-User signifies agreement with this EULA, and the EULA becomes a legally enforceable contract between the Parties.

  1. Purpose of the Software Product. The Software Product is made available to End-User for the sole purpose of identifying potential product options that End-User may want to consider.  The Software Product is not provided as a design tool or to replace appropriate design or engineering that may be necessary to meet the needs of any product that End-User may have under consideration. Nothing in this EULA, the Software Product, or End-User’s use of the Software Product shall alter the provisions of any applicable purchase agreement or purchase order entered between End-User and Licensor.
  2. Grant of License. Licensor hereby grants to End-User a limited, perpetual (subject to Section 13), non-assignable, non-transferable, non-sublicensable, and non-exclusive license to install, access and use the Software Product solely to identify potential product options available from Licensor in accordance with the terms and conditions of this EULA (“License”). End-User may install a single copy of the Software Product on a single End-User computer, and may operate the Software Product on the computer only for use in the internal business of End-User in accordance with this EULA.  This grant includes the right to receive updates, upgrades, and later versions of the Software Product (collectively, “Software Product Upgrades”) that Licensor may, in its sole discretion, release or make available to End-User from time to time.  Except as set forth herein, Licensor shall have no obligation to End-User with regard to the Software Product, including any obligation to maintain the Software Products.  The License granted by Licensor under this EULA does not include a license to the Revit® software.  End-User is responsible for obtaining a license to the Revit® software from Autodesk, Inc. that includes the right to use the Revit® software with other software, including the NuBIM Software licensed under this EULA.  End-User acknowledges that the use of the Software Product along with the Revit® software is subject to any terms and conditions of use associated with the license to the Revit® software.  All rights not expressly granted herein are reserved to Licensor and its licensors.
  3. License Restrictions. Licensor reserves all rights not expressly granted to End-User hereunder. End-User agrees that it shall not: (a) copy, modify, adapt, translate, de-compile, reverse engineer or disassemble the Software Product for any purpose whatsoever; (b) use the Software Product for any purposes other than as expressly licensed herein, develop any works that are functionally compatible or competitive with the Software Product, or create any works that are derived from the Software Product; (c) lease, rent, loan, sell, distribute, or otherwise transfer the Software Product to a third party; (d) operate the Software Product on behalf of or for the benefit of any entity other than End-User; (e) attempt to assign this EULA, transfer its license rights to a third party or sub-license any or all of its license rights under this EULA; (f) utilize the Software Product in connection with any data or other information other than Content (defined in Section 6); (g) use the Software Product for any purpose in violation of local, state, provincial, national, or international laws; (h) insert End-User’s own or a third party’s advertising, branding or other promotional content into any of the Content, or use, redistribute, republish or exploit the Content for any further commercial or promotional purposes; (i) infringe or violate the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights, (j) interfere with, interrupt, damage, disable, overburden, or impair the Software Product, including the NuBIM Software, or the Content or the services made available on or through the Software Product, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (k) attempt to gain unauthorized access to other computer systems through the Software Product; (l) probe, scan, or test the vulnerability of the Software Product or any network connected to the Software Product, nor breach the security or authentication measures of any network associated with the Software Product; (m) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, other contact or personal information, any Content, or any other automatic means of obtaining lists of users or other information from or through the Software Product or the services offered through the Software Product, including without limitation any information residing on any server or database connected to the Software Product; or (n) assist anyone else in doing any of the foregoing.
  4. Support. The License granted herein does not include any obligation for the Licensor to provide support services related to the Software Product (“Support Services”). Licensor may provide Support Services to the End-User at its sole discretion. If Licensor provides Support Services to the End-User, the same shall become part of the Software Product and subject to the terms and conditions of this EULA.
  5. Software Product Ownership. The grant of the License is not a sale of the Software Product. No title to or ownership of the Software Product is transferred to End-User by this EULA.  All title, ownership rights and intellectual property rights, including, without limitation, any patent, copyright, trademark, and/or trade secret rights, in and to the Software Product, including any adaptations or copies of the Software Product, belong to Licensor and its licensors, as applicable.  Licensor takes no ownership interest in any information that End-User uses with, or that results from End-User using, the Software Product, and such information shall at all times belong to End-User.  End-User may provide to Licensor, either orally or in writing, feedback, suggestions, ideas, concepts, materials, or other information regarding the Software Product, its use, or improvement thereto (collectively, “Feedback”).  End-User agrees that it shall have no right, title, or interest in or to any works of authorship, patentable inventions, or other intellectual property rights arising, in whole or in part, out of such Feedback, including, without limitation, any enhancements or improvements to the Software Product, and End-User hereby expressly assigns to Licensor all intellectual property and proprietary rights, including any patent or copyright rights, in any Feedback. 
  6. Software Product Content.  The Software Product may contain and/or provide content, such as text, graphics, images, interfaces, logos, trademarks, servicemarks, specifications, technical guidelines, catalogs, calculations, information, data, suggestions, engineering and design values, designs or product configurations, information, and other material (“Content”).  Content may be protected by copyright, trademark, and/or other laws of the United States and other countries. Ownership of the Content remains with Licensor, its licensors, or third-party content providers.  Any use of the Content not expressly permitted by this EULA is a breach of the EULA and may violate copyright, trademark, patent, and other laws. The Content is subject to change or removal without notice in the sole discretion of Licensor.  End-User acknowledges that Content may contain technical inaccuracies or typographical errors and that End-User will not rely on Content in any manner.
  7. Use of the Software ProductEnd-User agrees that End-User’s use of the Software Product is for the sole purpose of identifying potential product options based on information that End-User enters into or selects from the Software Product.  Any Content, including without limitation any data, information, calculations, suggestions, designs or product configurations provided by the Software Product are for general information only and are not to be used or relied upon by End-User for any purpose.  It is the responsibility of End-User to receive independent verification by a licensed professional engineer, or other qualified professional, to ensure that any Content contained in or provided by the Software Product is accurate, reliable, current, and correct.

Panel locations shown in Software Product are conceptual and for aesthetic purposes only.  Modeled panel locations are in no way final panel locations and should not be used to locate HVAC, electrical, plumbing or any other building components. 

End-User hereby agrees, warrants and represents to Licensor that End-User owns or otherwise has rights, including any intellectual property and other proprietary right, in and to any data or other information that End-User provides in connection with use of the Software Product, or any portion thereof, and End-User hereby grants Licensor a license to use that data and other information, including in connection with the Software Product.

 

8. Data Collection. The Software Product may contain code, applets, applications, or other functionality to monitor and collect data regarding the End-User’s use of the Software Product.  Licensor has the right, and End-User hereby consents, to such monitoring and collecting of the data regarding End-User’s use of the Software Product, and to utilizing the data collected for any purpose, including, without limitation, improving the performance of the Software Product, and for development and improvement of future versions of the Software Product.

9. Personal Information. End-User acknowledges and agrees that any personal information End-User provides to Licensor (including, without limitation, name, company, title, address, telephone number, e-mail address, social media contact information) will be subject to Licensor’s privacy policy as revised from time to time as set forth therein, which may be found through the following links: http://www.vulcraft.com/about-us/termsandconditions/privacy-policy, and which is incorporated into this EULA by reference.

10. Other Software.  Licensor may provide links to, or the Software Product may install, interface with, or have embedded, third-party software, including without limitation the Revit® software (collectively, “Third-Party Software”). Licensor is not responsible for the content of Third-Party Software and does not make any representations regarding the content and accuracy of the Third-Party Software.  End-User’s use of Third-Party Software is at the End-User’s own risk and subject to the terms and conditions of the Third-Party Software.

11. Disclaimer. End-User’s use of the Software Product is at End-uSer’s own risk.

LICENSOR IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM END-USER’S COMPUTER OR OTHER SOFTWARE, WHICH END-USER MAY COME IN CONTACT WITH WHILE USING THE SOFTWARE PRODUCT; NOR IS LICENSOR RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SOFTWARE PRODUCT OR SERVICES AVAILABLE THROUGH THE SOFTWARE PRODUCT.  FURTHERMORE, WHEN using the SOFTWARE PRODUCT, information will be transmitted over a medium that may be beyond the control and jurisdiction of LICENSOR.  Accordingly, LICENSOR assumes no liability for or relating to ANY delay, failure, interruption, or corruption of any data or other information or material transmitted to or received from the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is provided on an “as is” basis. Licensor, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK ARISING OUT OF, CAUSED BY, OR IN ANY WAY RELATED TO, THE USE OF THE SOFTWARE PRODUCT REMAINS WITH THE END-USER.

To the best of Licensor’s knowledge, the information contained in the Software Product is accurate.  However, Licensor makeS no representations or warranties, either express or implied, that the software product, including the content therein or available therethrough, is accurate, reliable, current or correct; that the software product will be available at any particular time or location; OR that any defects or errors will be corrected. 

In no event shall Licensor be liable for any damages (including, without limitation, direct, indirect, exemplary, incidental and consequential damages, personal injury/wrongful death, damage to property, lost profits, or damages resulting from lost data or business interruption) resulting from end-user’s use of or inability to use the SOFTWARE pRODUCT, whether based on warranty, contract, tort, or any other legal theory, and whether or not Licensor IS advised of the possibility of such damages.

Notwithstanding the other provisions of this EULA, if Licensor is found to be liable to End-User for any damages which arise out of or are in any way connected with the Software Product or End-User’s use of the Software Product, Licensor’s liability shall in no event exceed US$100.00. 

Any claims arising in connection with End-User’s use of the Software Product must but brought within one (1) year of the date of the event giving rise to such action occurred. End-User’s remedies arising from any claim relating to the Software Product that are set forth in this EULA are exclusive and are limited to those expressly provided for in this EULA.

12. Indemnity.  End-User agrees to defend (using counsel acceptable to Licensor, in its sole discretion), indemnify and hold harmless Licensor, its officers, directors, employees, agents, licensors, and suppliers from and against any and all liabilities, claims, expenses, causes of action, demands, settlements, and/or damages (including reasonable attorneys’ fees and costs) resulting in whole or in part from, or alleged to result in whole or in part from: (i) End-User’s use of and access to the Software Product, including without limitation End-User’s use of the Software Product with the Revit® software; (ii) End-User’s violation of any provisions of this EULA; (iii) information or material provided to Licensor by End-User or input into the Software Product; (iv) a third party’s rights (including without limitation patents, copyrights, trademark, trade secrets, or other intellectual property or proprietary rights, moral rights, rights of privacy, and reputational rights) that were violated by any information or material provided to Licensor by End-User or by Licensor’s publication or other use of any information or material provided to Licensor by End-User.  Licensor reserves the right to assume the defense and control of any matter subject to indemnification by End-User, in which event End-User will cooperate with Licensor in asserting any available defenses.

13. Term; Termination. The term of the EULA begins when the End-User clicks “I AGREE” and lasts until termination of the EULA by either Party. Licensor may modify, suspend, interrupt, or terminate operation of or access to any portion of the Software Product in the event that (i) a threat, allegation, or claim is made, or Licensor reasonably believes, that the Software Product violates any intellectual property or other proprietary right of any person or entity; (ii) Licensor no longer has the right to license the Software Product to End-User; (iii) the right of either Party to use the Software Product with the Revit® software is terminated; (iv) End-User loses the right to use the Revit® software; or (v) End-User breaches any of the terms and conditions of the EULA.  End-User may terminate this EULA for its convenience upon written notice to Licensor.  Upon termination or expiration of the License, End-User must immediately cease all use of the Software Product, permanently delete Software Product from all computers on which it is installed, and shall, at Licensor’s option, return or destroy the Software Product, including any documentation, that is then in End-User’s possession. The termination of this EULA will not in any way eliminate or compromise any other rights of Licensor pursuant to this EULA.

14. Waivers. No waiver by any Party of any provision hereof or part thereof at any time shall constitute or evidence a waiver by such Party of any other provision or other part of such provision or of the same provision or part at any other time.

15. Severability. In the event a court of competent jurisdiction determines that any of the provisions of this EULA are invalid or unenforceable, it may limit such provision to the extent it deems reasonable, without declaring such provision of the EULA invalid in its entirety. To the extent any portion of any provision of this EULA shall be deemed invalid or unenforceable, it shall be considered deleted and the remainder of this EULA (including the remainder of the provision) shall continue in full force and effect. End-User and Licensor expressly desire that this EULA shall be given the construction that renders its provisions valid and enforceable to the maximum extent permissible under applicable law, without exceeding this EULA’s express terms.

16. Governing Law and Jurisdiction. This EULA and any claim, controversy, action, proceeding, or dispute arising under, or relating to, this EULA shall be governed by, and construed and interpreted in accordance with, the laws of the State of North Carolina as applied to contracts executed and performed within that State, without reference to, or application of, that State’s conflict of laws rules and principles. The Parties agree to bring any claim, controversy, action, proceeding, or dispute arising out of, or relating to, this EULA, its interpretation, performance or breach, in the state or federal court in Charlotte, North Carolina, and in no other forum, and hereby waive any objection to such venue, including any objection based on forum non-conveniens.

17. Use Outside of the United States and Canada. Licensor makes no claims that the Software Product is appropriate for use, or may be downloaded, outside of the United States of America and Canada.  Access to the Software Product may not be legal by certain persons or in certain countries.  End-User represents and warrants that End-User is located within the United States of America or Canada, and will not download or use the Software Product outside of the United States of America or Canada.  If End-User downloads or uses the Software Product outside of the United States of America or Canada, End-User does so at End-User’s own risk and End-User is responsible for compliance with the laws where such download or use occurs.

18. Open-Source Software.  The Software Product includes third-party software, including the PStill PDF converter software, which includes open-source software.  A list of the open-source software is provided in Exhibit A.

19. Survival. All terms in this EULA that by their nature are intended to survive expiration or termination of this EULA, including without limitation Sections 3-12, Section 13 (only with respect to the last two sentences), and 14-17, shall survive expiration or termination of this EULA.

 

Exhibit A

 

1.     LibTiff

* LibTiff

* Copyright (C) Sam Leffler

* Copyright (c) 1988-1997 Sam Leffler

* Copyright (c) 1991-1997 Silicon Graphics, Inc.

* Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.

* The software is provided "as-is" and without warranty of any kind, express, implied or otherwise, including without limitation, any warranty of merchantability or fitness for a particular purpose. 

* In no event shall Sam Leffler or Silicon Graphics be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this software.

 

2.     bmp2tiff

* bmp2tiff

* Author:   Andrey Kiselev, dron@ak4719.spb.edu

* Copyright (c) 2004, Andrey Kiselev <dron@ak4719.spb.edu>

* Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.

 

3.     LibJpeg

* LibJpeg Copyright (C) 1994-1997, Thomas G. Lane

* This software is based in part on the work of the Independent JPeg Group

 

4.     Boehm-Weiser Garbage Collector

* Boehm-Weiser Garbage Collector

* Copyright 1988, 1989 Hans-J. Boehm, Alan J. Demers

* Copyright (c) 1991-1995 by Xerox Corporation.  All rights reserved.

* Copyright (c) 1996-1999 by Silicon Graphics.  All rights reserved.

* Copyright (c) 1999-2001 by Hewlett-Packard. All rights reserved.

* THIS MATERIAL IS PROVIDED AS IS, WITH ABSOLUTELY NO WARRANTY EXPRESSED OR IMPLIED.  ANY USE IS AT YOUR OWN RISK.

 

4.     ttf2pt1

* ttf2pt1 (based on Version 3.22SNAP):

* ttf2pt1 is Copyright (c) 1997-2002 by the AUTHORS:

    Andrew Weeks <ccsaw@bath.ac.uk>

    Frank M. Siegert <fms@this.net> (old mail adr., currently: <frank@wizards.de>)

    Mark Heath <mheath@netspace.net.au>

    Thomas Henlich <thenlich@rcs.urz.tu-dresden.de>

    Sergey Babkin <babkin@bellatlantic.net>, <sab123@hotmail.com>

    Turgut Uyar <uyar@cs.itu.edu.tr>

    Rihardas Hepas <rch@WriteMe.Com>

    Szalay Tamas <tomek@elender.hu>

    Johan Vromans <jvromans@squirrel.nl>

    Petr Titera <P.Titera@sh.cvut.cz>

  All rights reserved.

* Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the TTF2PT1 Project and its contributors.

* For the source code please refer to: http://www.netspace.net.au/~mheath/ttf2pt1/

* TTF2PT1 IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS 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 THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

5.     TeXFontFixer

* TeX FontFixer (DVIPS bitmap to Type 1 conversion) by Tiark Rompf, used by permission.

 

6.     S-Lang Library 1.4

* S-Lang Library 1.4 (C) John E. Davis - http://www.s-lang.org/ under the Artistic License.

 

7.     Freetype Library

* Freetype Library: Portions of this software are copyright © 2009-2016 The FreeType Project (www.freetype.org).  All rights reserved.

 

8.     ZLIB

* ZLIB Compression Library (C) 1995-2002 Jean-loup Gailly and Mark Adler

 

9.     pdftops

* PStill uses a modified version of 'pdftops', part of the xpdf package by Derek B. Noonburg <derekn@foolabs.com> under commercial license.

 

10.   pdflin.exe

* Component "pdflin.exe" also uses: QPdf http://qpdf.sourceforge.net/ under the Artistic License 2.0

 

11.   FLTK library

* FLTK library which is distributed under the LGPL in modified form with express permission for static linking for binary only distributions, see http://www.fltk.org for details and source code.

 

12.   Gleam

* Using "Gleam" drawing routines for the Fast Light Tool Kit (FLTK), Copyright 2001-2005 by Colin Jones, under same license as FLTK.


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