Terms and Conditions for free Dalux BIM Viewer useLast updated: July 22,2020
Agreement to Terms
These terms and conditions (“Terms”) constitutes a legally binding agreement (“Agreement”) between you and the entity you represent (“you”/”Company”) and Dalux ApS, Ole Maaløes Vej 3, 2200 Copenhagen N, Denmark, Comp. reg. no.: 28509839 (“DALUX”, ”us” “we” or “our”), concerning the Company’s use and access to the Dalux BIM Viewer through DALUX web- and app-based software services (collectively referred to as “Services”). Before accessing and using our Services, you accept that you have read and understood the Terms and agree to be bound to the Terms herein.
We reserve our right to make changes and modifications to the Terms herein at any time. It is your responsibility to periodically review these Terms to stay informed of updates. We will alert you about any changes by updating the “Latest updated” date of these Terms.
Any terms and conditions individually agreed between DALUX and the Company will only have effect and prevail over the Terms herein if agreed in writing and signed by both parties.
Grant of use
DALUX grants the Company a non-exclusive and non-transferable right to use the Dalux BIM Viewer free of charge through the Services for an unlimited time.
The Company’s free use of DALUX Services is limited to three (3) different and active projects or buildings (“Project”) of the Company.
The Company is not allowed to translate, perform reverse engineering, resell, transfer or sub license the Services, including the software in any manner, to any third-party, in whole or in part or in any form whether modified or unmodified.
The Company may invite unlimited users (such as employees, students, subcontractors, architects, engineers, service-people, and other third parties) to join the Company’s Project and to use the Services.
All users invited by the Company are required to sign up with a company or student email address to obtain a personal user-license to access and use the Services on the Project. It is not allowed to sign up with a generic email-address and the personal user-license granted is for individual use only and may not, under any circumstances, be shared between individuals.
The Company is fully responsible and liable for any third party it invites to join the Project. DALUX will have no obligations, responsibilities, or liabilities towards a third party engaged by the Company.
Termination of use
DALUX and the Company may terminate the Company’s use of the Services at any time.
Upon termination, DALUX reserves the right to delete all Company data three (3) months after termination.
DALUX reserves the right, without prior notice, to limit and restrict access to the Services or the scope of the Services under circumstances where DALUX deems a limitation necessary for security reasons or due to maintenance of operations.
The Company is responsible for the personal data collected, processed, and shared with DALUX while using the Services and will be the Data Controller. In relation to the processing of personal data on behalf of the Company, DALUX will be the Data Processor.
DALUX is obligated to act based on instructions given by the Company. The relationship, rights, and obligations between DALUX and the Company is regulated in DALUX’s standard Data Processing Agreement and will constitute the legal framework for the processing of personal data when using DALUX’s Services, unless agreed otherwise.
DALUX will keep information about the Company and the Company’s data in absolute confidence. The obligation on confidentiality apply to all DALUX employees, subcontractors, and external consultants who assist DALUX in delivering the Services. DALUX may only disclose confidential information about the Company if explicitly required by law.
DALUX holds all rights and will remain the sole owner of all documentation, modifications, improvements, upgrades, derivative works, and all other intellectual property rights in the Services, including DALUX’s name, logo, and trademarks. DALUX does not transfer any intellectual property rights to the Company and the Company does not acquire any ownership or other irrevocable rights to the Services, or any other services provided by DALUX.
The Company will acquire the rights to data generated and produced in connection with its use of the Services. Documentation and other data inserted or added to the Services by the Company e.g. drawings and models will remain the Company’s property.
The Company warrants that all data that it uploads, inserts, or adds to the Services, regardless of the form or media, does not infringe upon any third party’s intellectual property rights. If an infringement claim is made against DALUX regarding the Company’s data, the Company agrees to indemnify and hold harmless DALUX from all such third-party infringement claims and to cover all DALUX’s costs, including all legal fees.
DALUX reserves the right to restrict the Company’s access to the Services if it comes to DALUX’s attention that the Company is infringing the intellectual property rights of a third party.
Limitation of liability
The Company’s use of DALUX’s Services is entirely at the Company’s own risk. DALUX will not be liable for any unauthorized surveillance or the capture of or access to the Company’s traffic or data. DALUX waives any and all liability for damages and losses which the Company may suffer in connection with its use of or inability to use DALUX’s Services or DALUX’s other services regardless of the reason.
Disputes and applicable law
These Terms are construed in accordance with Danish Law and are governed by Danish law consequently. Any disputes that may arise between DALUX and the Company should be resolved amicably by negotiation, and if no agreement can be reached, the disputes will be brought to the Danish courts with Copenhagen City Court as the venue.
DALUX is entitled to freely transfer the Agreement to a third party without notice if the transfer does not change the Terms between DALUX and the Company.