BLUEBEAM VU END USER LICENSE AGREEMENT


Bluebeam® Vu™ Version 2017

© 2002-2017 Bluebeam, Inc. All Rights Reserved.
Protected by U.S. Patents 7,600,193; 7,600,198; 7,907,794; 7,971,149; 8,244,036; 8,443,280; 8,509,535; 8,737,746; 8,990,681.
Protected by European Patent 1958056.
Protected by Australian Patents 2006316845; 2006316858; 2008209631; 2008209632.
Other Patents Pending in the U.S. and/or other countries.

Copyright law and international treaties protect this computer software program. Unauthorized reproduction or distribution of this software program, or any portion of it, will be prosecuted to the maximum extent possible under law and may result in civil and criminal penalties.

Portions Copyright 2013 Legion of the Bouncy Castle Inc. (ABN 84 166 338 567)
Portions Copyright 2008 László Németh
Portions Copyright 2007-2011, Stephan Tolksdorf. All rights reserved.
FParsec incorporates data derived from the Unicode Character Database v. 6.1.0, Copyright 1991-2012 Unicode, Inc., which is distributed under the following terms: http://www.unicode.org/terms_of_use.html#Exhibit1
Portions Copyright 2006 Damien Miller djm@mindrot.org (jBCrypt)
Portions Copyright 2010-2012 SharpDX - Alexandre Mutel
Portions Copyright 2010 Ryan D. Emerle (jBCrypt .NET port)
Portions Copyright 2005 LuraTech Imaging GmbH
Portions Copyright 2001-2012 FileOpen Systems
Portions licensed under the Mozilla Public License Version 2.0, available at www.mozilla.org/MPL

This software is based in part on the work of the Independent JPEG Group. Licensed under Patent No. 5,490,216

Bluebeam®, the "b" logo ®, Revu®, Vu®, Q®, eXtreme®, The PDF Insider®, the "r" logo ®, the "v" logo ®, bFX®, No Limits®, Batch Link®, Punchkey®, Tool Chest™, VisualSearch™, MultiView™, the "Studio" logo™, Dynamic Default™, Dynamic Layers™, WebTab™, Stapler™, File Access™, SmartGroup™ and StudioGo™ are Trademarks or registered Trademarks of Bluebeam, Inc. All other trademarks or registered trademarks are the property of their respective owners.

IMPORTANT—READ CAREFULLY: THIS END-USER LICENSE AGREEMENT ("EULA" OR “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" AND "YOUR" INCLUDES A PERSON AND/OR AN INDIVIDUAL ENTITY) AND BLUEBEAM, INC., ITS SUBSIDIARIES, AFFILIATES AND LICENSEES (COLLECTIVELY BLUEBEAM") CONCERNING SPECIFIED BLUEBEAM VU (HEREINAFTER REFERRED TO AS "SOFTWARE PRODUCT" OR "SOFTWARE). BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE. BLUEBEAM IS UNWILLING TO LICENSE THE SOFTWARE PRODUCT TO YOU.

ALL INTELLECTUAL PROPERTY IN THIS SOFTWARE IS OWNED BY BLUEBEAM OR ITS SUPPLIERS. THE SOFTWARE IS LICENSED, NOT SOLD. BLUEBEAM PERMITS YOU TO USE OR OTHERWISE BENEFIT FROM THE INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS EULA. VISIT HTTP://WWW.BLUEBEAM.COM/SUPPORT FOR INFORMATION ABOUT INSTALLATION.

1. Software License.

Subject to the terms and conditions of this EULA, Bluebeam hereby grants to You a limited, non-sublicensable, non-exclusive, non-transferable right to use the Software in the manner and for the purposes described in the Documentation. The Documentation shall include, but not be limited to, any printed materials or electronic data provided by or obtained from Bluebeam with regard to this Software.

1.1 Restrictions on Use.

Even though copies of the Software may be provided on media of different formats, copies of the Software on different media formats do not constitute multiple licenses to the Software. If the Software is licensed as a suite or bundle with more than one specified Software product, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such Software products individually.

1.2 Backup Copy.

This license authorizes You to make a reasonable number of copies of the Software provided your backup copies are used solely for archival purposes, and the copies You make contain all of the proprietary notices set forth in or on the original version of the Software.

1.3. Updates.

Bluebeam may, at its sole discretion, make bug fixes, updates, upgrades and/or service packs available.

2. Ownership Rights.

All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Software and Documentation, are owned by Bluebeam and/or its suppliers. The Software and Documentation are protected by patent, copyright and/or other intellectual property laws of the United States and other countries, and by international treaty provisions. Except as expressly set forth herein, Your possession, use or installation of the Software does not grant to you any intellectual property rights in the Software and all rights, title, and interest not expressly granted are reserved by Bluebeam and its suppliers.

You agree that all backup, archival, or any other type of copies of the Software and Documentation will contain the same proprietary notices that appear on and in the Software and Documentation. Bluebeam's suppliers, if any, of the Software or Documentation or any portions thereof are intended third party beneficiaries of this EULA and are entitled to enforce the terms of this EULA in their own names directly against You.

2.2 Submissions.

Should You decide to submit any materials (“Submissions”) to Bluebeam via electronic mail, through or to Bluebeam website(s), or otherwise (whether as feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like) that are specifically related to the functionality of the Software or services provided by Bluebeam related to the Software, You agree that such Submissions are unrestricted and shall be deemed non-confidential upon submission. You grant to Bluebeam and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such Submissions. Submissions do not include any of Your content that You may create or use that happens to utilize the Software.

3. Restrictions.

3.1 No Transfer.

You may not rent, lease, sublicense, loan, or resell the Software. You may not permit any parent, affiliate, subsidiary or any other third parties to benefit from the use or functionality of the Software, under any of the following circumstances, unless You own more than fifty percent (50%) of that entity. As such, You may not a) permit another entity to benefit from the Software via a facility management, timesharing, service bureau or any other arrangement; b) provide access to the Software Product with the intention to process the data of another entity; or c) use the Software on hardware that is not under Your exclusive control. You may not transfer any or all of the rights granted to You under these TOS.

3.2 No Reverse Engineering.

You may not reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive source code from the Software, or create derivative works based upon, the Software in whole or in part, except to the extent the foregoing restriction is expressly prohibited by applicable law.

3.3 No Duplication.

You may not duplicate or copy any portion of the Software or Documentation, unless otherwise set forth herein. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Bluebeam.

4. Right to Audit.

Bluebeam reserves the right to periodically conduct audits of Software installation records upon a thirty (30) day advance written notice to verify compliance with the terms of this Agreement. Audits will be conducted during business hours and will occur no more than once in any 12 month period.

5. Authorized Resellers.

Any authorized Bluebeam reseller, installer or consultant is not affiliated with Bluebeam in any capacity other than as a distributor, installer or consultant of Bluebeam's products and has no authority to bind Bluebeam or modify any license or warranty. Bluebeam makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized Bluebeam reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized Bluebeam reseller, installer or consultant with whom You associate.

6. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Bluebeam and its directors, officers, employees, affiliates, sublicensees, resellers, agents and suppliers from and against all claims, defense costs (including reasonable expert and attorneys' fees), judgments and other expenses arising out of or on account of any negligent act, omission, or willful misconduct by You or on Your behalf in the performance of this Agreement.

7. Online Access.

Bluebeam provides access to the Internet and websites through the Software. Bluebeam does not control, endorse or accept responsibility for any online services or websites offered by third parties. Any transaction between you and a third party in connection with a website or online service, including the delivery of and payment for goods or services and any other terms or conditions, warranties or representations associated with such transactions, are between you and the third party. USE OF THIRD PARTY WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE DISCLAIMER AND LIMITATION OF LIABILITY SECTIONS, 9 AND 10.

8. Digital Certificates.

Bluebeam products use digital certificates to sign and validate signatures within PDF files and to validate certified PDF files. Your computer may access the Internet in order to validate or certify a digital certificate which are self-signed or issued by a third party authority.

The purchase, use, and application of digital certificates are your responsibility. Before you rely on any certified document or digital signature, do your research. Review the terms and conditions under which the Certificate Authority provides its products and services. You are solely responsible for determining whether to rely on a certificate. In other words, unless you have a written warranty provided by the Certificate Authority, You use digital certificates at your own risk. You agree to hold Bluebeam harmless from any and all liabilities, losses, actions, damages, or claims arising out of or relating to the use of, or the reliance on, any digital certificate or service of a certificate authority.

9. Privacy Policy.

Your use of Vu is subject to the Bluebeam Online Privacy Policy. For more information, please visit our website at www.bluebeam.com.

10. Confidentiality.

You agree that the Software, including, but not limited to, the object code components and any integration specifications provided to You is "Confidential Information" of Bluebeam. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence. You shall: (i) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this EULA, and (ii) bind Your employees and agents in writing to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA.

11. Third Party Apps and Integrations.

Use of third party Applications or Integrations may result in your data being transferred to a third party. Bluebeam is not responsible for and you agree to hold Bluebeam harmless for data transferred to third parties in connection with your use of Third Party Applications or Integrations. Use of third party Applications or Integrations are at your own risk and any recourse, legal or otherwise, shall be with the provider of the Application or Integration.

12. DISCLAIMER.

To the maximum extent permitted by applicable law, and except for the Limited Warranty set forth herein, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, USAGE, INDUSTRY CUSTOM, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, CONDITIONS OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, SECURITY, QUALITY OR WORKMANSHIP, FITNESS FOR A PARTICULAR PURPOSE, OR A LACK OF VIRUSES. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BLUEBEAM OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS, AND EVEN IF BLUEBEAM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

14. Export Controls.

During the term of this license, neither the Software nor the Documentation and underlying information or technology may be downloaded, exported, or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea (Democratic People's Republic of Korea), Sudan, Syria, or any other country to which the United States has embargoed goods or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By accessing, downloading or using the Software You are agreeing to the foregoing and You are certifying that You are not located in, under the control of, or a national or resident of any such country or on any such list.

YOU SHOULD ALSO BE AWARE OF THE FOLLOWING. EXPORT OF THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE IT IS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT IMPORT, EXPORT AND OTHER APPLICABLE LAWS.

15. Attorneys' Fees.

If any party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses. The term “prevailing party” means that party, as plaintiff or defendant, who substantially prevails against the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by the other party within thirty (30) days after receipt and the party not accepting such offer fails to obtain a more favorable judgment, the non-accepting party shall not be entitled to recover its costs of suit and reasonable attorney’s fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney’s fees and costs incurred by the offering party.

16. Severability.

If any provision of this license is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

17. Governing Law and Arbitration.

This EULA is governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any controversy or claim, whether in law or in equity, arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in Los Angeles County administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

18. Entire Agreement.

This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Bluebeam. This License Agreement expressly supersedes and completely replaces any and all prior end user license agreements. Bluebeam shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by any third party, with respect to the Software Product, including any authorized distributor or reseller or their respective agents, employees, or representatives, nor shall You be deemed a third party beneficiary of any obligations of Bluebeam to any such distributor or reseller.

19. General Provisions.

No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Bluebeam or a duly authorized representative of Bluebeam. You hereby acknowledge a breach of this Agreement would cause irreparable harm and significant injury to Bluebeam that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that Bluebeam shall have the right to seek and obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations under the Agreement in addition to any other rights and remedies it may have. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If Licensee has received a translation into a language other than English, it has been provided for Licensee's convenience only.

17.

Bluebeam®, the "b" logo ®, Revu®, Q®, eXtreme®, The PDF Insider®, the "r" logo ®, BFX®, Vu®, the "v" logo ®, No Limits®, Punchkey®, Batch Link®, Tool Chest™, VisualSearch™, MultiView™, the "Studio" logo ™, Dynamic Default™, Dynamic Layers™, WebTab™, Stapler™, File Access™, SmartGroup™ and StudioGo™ are Trademarks or registered Trademarks of Bluebeam, Inc. All other trademarks or registered trademarks are the property of their respective owners.

18.

The terms or conditions of any administrative document (unless signed by both parties and expressly referencing that it amends this EULA) will not be effective as a modification of the terms and conditions of this EULA, regardless of Bluebeam’s failure to object to such form.

19.

Bluebeam reserves the right to update the terms of this EULA. Updated terms will be posted at www.bluebeam.com/Vu/EULA.

Bluebeam Customer Contact. If You have any questions concerning these terms and conditions, or if You would like to contact Bluebeam for any other reason, please call (626) 788-4100, or write: Bluebeam, Inc., 55 South Lake Ave, Suite 900, Pasadena, California 91101 USA, Attention: Operations.

You may also reach us at www.bluebeam.com.

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