BLUEBEAM ONLINE TERMS OF SALE – UK

AS OF AUGUST 2019


PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, WITH RESPECT TO THE TRANSACTION(S) OCCURRING ON BLUEBEAM’S WEBSITE. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OF AGE; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESS OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULES OR REGULATION.


Overview and General Provisions

  1. These terms and conditions of sale (the “Terms”) apply to your purchase of Bluebeam’s products and services through the Webstore.
  2. These Terms are subject to change at any time without prior written notice. The most recent version of these Terms shall be posted for your review on the Website. Please review these Terms in their entirety prior to engaging in any transaction on the Website. Your continued use of the Website after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  3. If you have licensed Software from a third party retailer or reseller, these Terms do not apply to you and you should refer to the terms and conditions of sale of the relevant retailer or reseller
  4. You must be 18 years of age or older to license Software and/or purchase of Services from the Webstore.
  5. You agree to these Terms by placing your order. If you refuse to accept these Terms, do not order Software or purchase Services from the Webstore. If you have already placed your order and no longer want to be bound by these Terms then you must either promptly cancel your order or return your purchase in accordance with Bluebeam’s return policy.
  6. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.
  7. This is a binding agreement. These Terms may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Bluebeam.
  8. These Terms will be governed and are subject to the EULA

Definitions

  1. "Bluebeam UK" refers to Bluebeam Limited UK Ltd, an English corporation and wholly owned subsidiary of Bluebeam US, whose registered office is located at Unit 10 Davy Court, Central Park, Rugby CV23 0UZ England.
  2. “Bluebeam US” refers to Bluebeam, Inc. a Delaware corporation, located at 443 S. Raymond Avenue, Pasadena, California 91105 USA.
  3. “EULA” means the end user license agreement that accompanies each copy of the Software and that is available at www.bluebeam.com/legal/eula as updated from time to time in Bluebeam’s sole discretion.
  4. “License Certificate” means the email certificate sent to you at the email address you provided to Bluebeam that includes the name of the Software licensed, your contact information, a link to download the Software, your serial number, our product key, and any add-on Services purchased by you in connection with the Software.
  5. “Receipt” means the email confirmation sent to you confirming our acceptance of your order and dispatch of the Software.
  6. “Services” mean any and all subscription based services that operate in conjunction with our Software, including, without limitation, maintenance, enterprise licenses, open licensing and training and consulting.
  7. “Software” means a downloadable software application that is licensed to you subject to the applicable end-user license agreement, delivered to your computer via the internet, and described in your order confirmation, License Certificate and Receipt (each delivered by email to the email address provided by you to Bluebeam).
  8. “Website” collectively means the websites operated by Bluebeam US and located at the following URL: bluebeam.com/uk/;
  9. “Webstore” collectively means the online store operated by Bluebeam UK located at the following URL: webshop.bluebeam.co.uk.

Online Orders and Process

  1. Orders: When placing an order on the Webstore, you are effectively offering to purchase whatever Software and Services you select. Bluebeam UK reserves the right to accept or reject any order in our own discretion. When Bluebeam elects to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, Bluebeam UK reserves the right to cancel any order at any time, even if such order was previously accepted by us (as evidenced by a confirming email). Additionally, you have the option of cancelling your order at any time prior to your receipt of the email confirming your order referenced herein.
  2. Order Process: Upon placing an order, you will receive (A) an onscreen confirmation, which we suggest you print for your records, (B) an email confirmation, (C) a Receipt via e-mail acknowledging the order and providing registration and installation instructions, and (D) a License Certificate via e-mail from Bluebeam US.
  3. Cancelation Process: To modify or cancel your order, you must (A) call or email Bluebeam UK at: +44 (0) 2038 689 061 or sales.uk@bluebeam.com.
  4. Delivery: Licensed Software is delivered via the internet by download to your computer, and requires installation, activation and acceptance of the EULA.

Prices

  1. Prices offered on the Webstore are in the following currencies: GBP. The price paid and currency is as reflected on your Receipt.
  2. Prices displayed on the Webstore do not include sales, use or other tax or duties, if applicable, which will be added to your total invoice price and provided to you both before you place your order and in your order confirmation. You are responsible for any and all taxes and duties that may apply to your order.
  3. Prices and configurations advertised on the Webstore are subject to change without notice or obligation prior to acceptance of your order.
  4. Bluebeam UK strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical or other errors in such communications. If we discover a pricing error, we will notify you at the email address provided by you. Changes to pricing will not affect any order which we have confirmed with a Purchase Receipt.
  5. The final, total price, including any applicable taxes, will be stated on your Receipt.

Payment Terms

  1. Payment may only be made with a valid credit or debit card. You represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Checks are not accepted.
  2. We will not charge your card or account until the Software is available for download.

Return Policy

  1. Bluebeam UK will not accept the return of any Software that you purchased from a third party.
  2. You may return licensed Software acquired via the Webstore at any time during the first thirty (30) days following the date your payment is received by Bluebeam UK for a full refund. After this thirty (30) day period, returns will not be accepted and no refund will be paid.
  3. To make a return please follow these steps:
    6.3.a. If you installed the Software, unregister and uninstall it from your device.
    6.3.b. Email or call us at: at: +44 (0) 2038 689 061 or sales.uk@bluebeam.com.
    6.3.c. You will be required to provide us with your order number.
    6.3.d. We will email you a return confirmation and refund your payment to the credit card that was originally used to purchase the Software and/or Services.

Limited Warranty; Disclaimer of Warranties

  1. All Software is sold ‘as is’ without warranty of any kind except as may be provided in the EULA.
  2. You represent and warrant to Bluebeam UK as follows: (a) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) that you will use the Software and/or Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (c) that you are licensing Software and or purchasing Services from the Webstore solely for your own use, and not for resale or export.
  3. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Privacy Policy and Website Terms of Use

  1. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: www.bluebeam.com/legal/privacy-policy and https://www.bluebeam.com/legal/terms-of-use. The Privacy Policy governs our collection, processing and use of personal information that we collect from you through the use of our Website, Webstore and Products. The Website Terms of Use governs your use of our Website in general. Your use of the Webstore is governed by these policies.
  2. By purchasing Products on the Webstore, you consent to any information (including personal information) provided by you in connection with your order being transferred to Bluebeam US in the United States. Bluebeam US is the licensor of all Bluebeam Products and sole administrator of the License Certificate.

Assignment

  1. Bluebeam UK may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

Partial Invalidity

  1. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Notices

  1. Bluebeam US and/or Bluebeam UK may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (a) personal delivery, overnight courier, or registered or certified mail to: Bluebeam UK, Unit 10 Davy Court, Central Park, Rugby CV23 0UZ England; or (b) email to legal@bluebeam.com.

Controlling Language

  1. These Terms has been prepared in the English language and the English language shall control its interpretation. All notices to be provided by either party hereto shall be in the English language. In the event of any conflict between the English language version and any translation of this Agreement that may be provided for convenience only, the English language meaning shall control.

Governing Law; Disputes and Jurisdiction

  1. Governing Law. You agree that all matters relating to your access to or use of the Website and Webstore, including any sales or licenses there-under, any claim and all disputes (whether in contract, tort or otherwise) arising out of or in connection with the Terms, will be governed by and construed in accordance with the laws of England and Wales.
  2. Time Limitation to Bring A Claim. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
  3. Dispute Resolution. In the event of any controversy or dispute between you and Bluebeam UK and/or Bluebeam US arising out of or in connection with your use of the Website, Webstore or the Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute ("Dispute"). If we are unable to resolve any such Dispute within thirty (30) days, then either party may submit such Dispute to mediation. Any reference to mediation will be made in accordance with the procedures of the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure. The mediation will be conducted in English at [the International Centre for Dispute Resolution in London]/[the offices of the name of either party/none of the parties or specify]. The Mediation Agreement referred to in the Model Procedure will be governed by, and construed and take effect in accordance with the substantive law of England and Wales. To initiate the mediation a party will give notice in writing ("ADR Notice") to the other party [with a copy to CEDR]. The mediation will be conducted by a single mediator appointed by the parties or, if the parties are unable to agree on the identity of the mediator within [ten (10)] business days of the date of deemed delivery of the ADR Notice, or if the person appointed is unable or unwilling to act, the mediator will be appointed by CEDR on the application of either Party. [The commencement of a mediation will not prevent the parties commencing or continuing court proceedings.]/[If the dispute is not settled by mediation within [ninety (90)] days of the appointment of the mediator or within such further period as the parties may agree in writing, then the dispute will, at the instigation or either party, be resolved by court proceedings in accordance with Section 14.4. All negotiations pursuant to this Section 14.3. are confidential and shall be treated as compromise and settlement negotiations for all purposes. Each Party shall bear its own expenses.
  4. Jurisdiction. Any Dispute shall be subject to the exclusive jurisdiction of the courts of England, and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England for these purposes.

Entire Agreement

  1. These Terms, any communications and/or instructions that Bluebeam UK and/or Bluebeam US provides to you relating to the Software and/or Services, the applicable EULA, and our Website’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Contact Us

  1. Purchase Inquires: If you have questions about your order, please email us at sales.uk@bluebeam.com.
  2. Service/Support Inquires: If you have service and support questions, please contact us at support.uk@bluebeam.com.

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