Plex.Earth 3 Terms of Service
NOTICE: This License agreement (“License”) is a legal agreement between you (either an individual or a single entity), the original purchaser and Plexscape MON. E.P.E. ("Plexscape"). This License governs the Plex.Earth Software Product, which includes computer software (including online and electronic documentation), Internet-based Remote Services, any associated media and anything in any form whatsoever intended to be used with the software (the "Software Product").
A basic prerequisite for the functionality of Plex.Earth Software Product is an open Internet connection. The Software Product requires the input data by an Internet-based Remote Service (Web Service), located in the Plexscape Servers, to accomplish specific tasks, such as:
- the validation of the License Key (Service Access Key)
- the calculation of the variables values used by the locally installed Software Product.
This License applies to updates, supplements, add-on components and Internet-based services of the software that Plexscape may provide or make available to you unless Plexscape provides other terms with the update, supplement, add-on component, or Internet-based services component. Plexscape reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software Product. This License also governs any product support services relating to the Software Product except as may be included in another agreement between you and Plexscape.
By installing, copying, downloading, accessing, or otherwise using the Software Product, you agree to be bound by the terms of this License.
IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT. You may return it to your place of purchase for a full refund, if relevant.
Plexscape is only willing to grant you this License if you obtained the Software Product from Plexscape or a Plexscape authorized reseller. If you obtained the Software Product from any other source you may not install or use the Software Product.
1. OWNERSHIP AND COPYRIGHT
The Software Product is the property of Plexscape. The Software Product is Licensed, not sold, to you notwithstanding any reference herein to "purchases." You acknowledge and agree that: (a) the Software Product is protected under international copyright laws and treaties and intellectual property rights laws and treaties, (b) Plexscape and its licensors retain all copyrights and title and intellectual property rights in and to the Software Product; (c) there are no implied Licenses under this License, and any rights not expressly granted to you hereunder are reserved by Plexscape; (d) you acquire no ownership or other interest (other than your License rights) in or to the Software Product; and (e) Plexscape owns all copies of the Software Product, however made.
You agree that you will not, at any time, contest anywhere in the world Plexscape’s ownership of the Software Product, nor will you challenge the validity of Plexscape’s rights in the Software Product. You have no rights hereunder to use any trademark or service mark belonging to Plexscape.
2. GRANT OF LICENSE
2.1 GENERAL GRANT OF LICENSE
In general, for each License you have acquired for the Software Product, one individual is authorized to use the Software Product according to the terms of this License. You agree that you will not allow the Software Product to be used by any individuals other than the authorized individuals designated by you. Unless expressly stated otherwise, the Software Product may not be separated for use by more than the one individual authorized to use the Product.
A single subscription to a Plexscape License pack may have multiple Licenses to use the Software Product associated with that subscription; nonetheless, each License must be dedicated to use of the Product by one individual. Specifically:
a. If you are an individual, Plexscape grants to you as an individual a personal, nonexclusive nontransferable and limited License to use one (1) copy of the Software Product on one (1) computer and on one (1) Autodesk® AutoCAD™ Product, in accordance with the terms of this License, provided that you are the only individual using the Software Product.
b. If you are an entity, Plexscape grants to you the right to designate one individual within your organization to have the sole right to use one (1) copy of the Software Product on one (1) computer and on one (1) Autodesk® AutoCAD™ Product, in accordance with the terms of this License.
c. If you are an entity and have acquired this License as part of a Plexscape License Pack, Plexscape grants to you the right to designate one individual per License (i.e. on a one-for-one basis) within your organization to have the sole right under each such License to use one (1) copy of the Software Product on one (1) computer and on one (1) Autodesk® AutoCAD™ Product, in accordance with the terms of this License.
Subject to the other terms and conditions of this License, you may make 1 copy of the Software Product for backup purposes. This copy will have to be labeled externally as such and show that use is subject to this License.
You agree that you will use your best efforts and take all reasonable steps to protect the Software Product from unauthorized use, copying or dissemination.
All rights not specifically granted to you herein are retained by Plexscape.
You must register the Software Product with Plexscape as a condition to your rights to use the Software Product. You will be prompted to register the Software Product at the time of your installation or first use of the Software Product. Registration activates your License Key and grants your access in the Plexscape Web Services.
2.3 PRE-RELEASE LICENSE
Portions of the Software Product may be identified as prerelease code, beta code, or as a “release candidate” (collectively, “Prerelease Code”). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available, product offering and may not be used in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Installation of any updates to the Software Product may cause loss of previously stored data.
Any beta or pre-release copies of the Software Product which may be delivered by Plexscape to You under this agreement shall be used by You solely for internal testing, evaluation and providing feedback to Plexscape. You may not use any beta or pre-release versions of the Software Product for commercial purposes.
The software is TIME AND/OR USE SENSITIVE and is designed to cease functioning either on specific dates, after a certain period, or after the execution of a specific number of transactions/hits to Plexscape Server. NOTICE OF EXPIRATION MAY NOT BE GIVEN, SO YOU WILL NEED TO PLAN FOR THE EXPIRATION DATE PRIOR TO SUCH EXPIRATION, AND MAKE A COPY OF AND REMOVE DATA THAT RECIPIENT MAY WISH TO USE IN THE FUTURE.
Due to the nature of development work, Plexscape provides no assurance that any specific errors or discrepancies in the Software Product will be corrected.
You expressly acknowledge and agree that the Software Product may change substantially prior to commercial release of the Software Product.
The grant of License to use any beta or pre-release copy of the Software Product expires upon availability of a commercial release of the Prerelease Code from Plexscape.
2.4 EVALUATION LICENSE
In order to evaluate the Software Product, you may install the Software Product, as outlined below, on a temporary basis for trial, evaluation, non-commercial purposes only (the "Evaluation Period"). The Evaluation Period is limited to specific use volume (Transactions Credit) and the greater of the period of time specified to you by Plexscape or seven (7) days from the date you received an Evaluation Service Access Key. At the end of the Evaluation Period or exceed of Transactions Credits, your License to use the Software Product expires.
During the Evaluation Period, Plexscape grants you the personal, nonexclusive, nontransferable and limited License to use one (1) copy of the Software Product on one (1) computer and on one (1) Autodesk® AutoCAD™ Product, solely for evaluation purposes. THE PLEXSCAPE SERVER VERIFIES THE LICENSE AND DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD.
You may not use the Software Product during the Evaluation Period for any commercial, business, governmental or institutional purpose of any kind. If you desire to continue to use the Software Product following the Evaluation Period, you should contact Plexscape or a Plexscape authorized distributor or reseller to order commercial Licenses to use the Software Product. At the end of the Evaluation Period, further use of the Software Product by You is prohibited without the purchase of a commercial License. If you do not purchase a License for the Software Product at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Software Product from all computer systems, including Servers, as defined below, and workstations, on which it was installed and destroy any software and documentation received, and not to reinstall the Software Product.
2.5 SOURCE CODE
You have no right of access to the source code of the Software Product.
3. GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS
You may not use Plex.Earth’s or Plexscape’s names, logos or trademarks to market your Works, except to state descriptively that your Work was accomplished using the Software Product.
3.2. RELATIONSHIP WITH END-USERS
There are no third party beneficiaries to this License. Consequently, Plexscape provides no warranty at all to any person, other than the limited warranty provided to You the original purchaser of the Software Product, as set forth herein, and You will be solely responsible to your End Users (or anyone else who uses or acquires your Works) for support, service, upgrades, or technical or other assistance, and such persons will have no right to contact Plexscape for any services or assistance.
You hereby agree to indemnify, defend and hold Plexscape harmless from and against any claims, lawsuits or liabilities, including attorney’s fees that may arise or result from the use or distribution of your Works.
4. SERVICES; UPDATES; PRODUCT CHANGES
Plexscape is not required under this License to provide any installation, maintenance, training or other product services to you. Such services, if available, may be purchased separately.
Plexscape may provide You with product support services related to the Software Product (“Support Services”). Use of the Support Services is governed by the policies and programs described in “online” documentation and/or in other Plexscape provided materials.
You agree that Plexscape may collect and use technical information gathered as part of the support services provided to you, if any, related to the Software Product. Plexscape may use such information for its business purposes, including for product support, and development, to improve the Software Product or to provide customized services or technologies to You, and will not disclose this information in a form that personally identifies You.
Plexscape is not required under this License to provide any updates, or upgrades to the Software Product.
From time to time, after the date you obtain your initial copy of the Software Product, Plexscape may provide to You or make available to You, at its sole discretion, error corrections, enhancements, updates, upgrades, or other modifications, supplements, add-on components, new releases, or Internet-based services components, of the Software Product. Unless Plexscape provides other terms along with the error correction, enhancement, update, upgrade, or other modification, supplement, add-on component, new release, or Internet-based services component, this License applies to them.
Plexscape reserves the right to discontinue any Internet-based services provided to You or made available to You through the use of the Software Product after the Time Period you are Licensed to use the Software Product. Plexscape is responsible to provide the Internet-based services to the owners of Permanent Licenses for at least three (3) versions of the Autodesk® AutoCAD™ Product on which the Software Product is installed.
4.3 PRODUCT CHANGES
Plexscape reserves the right at any time not to release or to discontinue release of Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software Product.
You may not: (a) modify, adapt, alter, translate, or create derivative works of the Software Product or merge the Software Product with other software other than as described in the Software Product’s accompanying documentation or as approved of in writing by Plexscape; (b) lease, rent, lend or give the Software Product to any third party; (c) sublicense, distribute or otherwise transfer the Software Product or any component thereof to any third party except as expressly authorized in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of Plexscape or its suppliers on the Software Product; (f) allow third parties to access or use the Software Product such as in a time-sharing arrangement or operate the Software Product as part of a service bureau or otherwise for the use or benefit of third parties; (g) develop applications that substantially duplicate the capabilities of the Software Product or, in the reasonable opinion of Plexscape, compete with it; (h) reproduce or use the Software Product except as expressly authorized under Sections 1 and 2; or (i) disclose or publish performance benchmark results for the Software Product; (j) attempt to unlock or bypass any “copy protection”, licensing or authentication algorithm utilized by the Software Product.
6. LIMITED WARRANTY AND DISCLAIMER
You assume all responsibility for the selection of the Software Product as appropriate to achieve the results You intend. Plexscape warrants that: (a) the Software Product shall perform substantially as described in its documentation for a period of ninety (90) days from purchase; and (b) any Support Services provided by Plexscape shall be substantially as described in our accompanying materials, and our Support Team will make commercially reasonable efforts to solve any problem covered by our warranty.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE PRODUCT AND THE SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. PLEXSCAPE HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, REASONABLE CARE OR WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND/OR LACK OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT.
ALSO THERE IS NO AND PLEXSCAPE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
THERE IS NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION.
THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, WEB SERVICES AND ANY SUPPORT SERVICES, REMAINS WITH YOU.
TO THE EXTENT THAT PLEXSCAPE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLEXSCAPE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, ECONOMIC, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS OR PERSONAL OR CONFIDENTIAL INFORMATION OR DATA, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR FAILURE TO MEET ANY DUTY, INCLUDING ANY 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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF PLEXSCAPE OR ANY SUPPLIER, AND EVEN IF PLEXSCAPE OR ANY SUPPLIER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY OR REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Plexscape and any of its suppliers under any provision of this License and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Plexscape with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software Product up to the amount actually paid by you for the Software Product or 5.00 € (EURO). The foregoing limitations, exclusions, and disclaimers (including Sections 7 and 8 above and as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
9. TERM AND TERMINATION
The term of this agreement shall commence as of date this agreement is accepted by You.
Without prejudice to any other rights, Plexscape may terminate this License if you fail to comply with the terms and conditions of this License.
Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and You must stop all use of the Software Product; (b) You shall thereafter make no further use of the Software Product and You must return to Plexscape or destroy all copies of the Software Product and all of its component parts provided to or made by You, and will, within ten (10) days after the effective date of termination, provide Plexscape with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License with the exception of the Licenses granted in Section 2, will survive termination of this License for any reason.
10.1 GENERAL DESCRIPTION
10.2 IP ADDRESSES
Your IP Address is automatically reported by your client/browser each time you view a web page or request an Internet-based Service. Your IP address is stored in our user registration databases when you register. IP Addresses may be used for various purposes, including: i. To diagnose or service technology associated with the IP addresses controlled by a specific web company or ISP and are reported by our Users or Engineers. iii. To tailor advertising based on geographic area or other information derived from your IP address. Aggregated information derived from IP addresses may also be reported to advertisers. iv. To estimate the total number of users visiting the Plexscape Site/Internet-based Services from specific geographical regions.
10.3 USE OF PERSONAL INFORMATION
10.4 SERVICE ACCOUNT INFORMATION - SECURITY
You can change your Account Information, at any time. We may send you certain communications relating to the Service, such as Service announcements and administrative messages, that are considered part of your Service Account. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
Your Account Information is password-protected. In certain areas, the Site may use SSL-encryption to protect data transmissions.
We may update this policy at any time for any reason. If there are any significant changes to how we handle personal information we will send a notice to the email address specified in your account or by placing a prominent notice on our site.
11. GENERAL PROVISIONS
11.1 HAZARDOUS USES.
The Software Product is not intended for use, and You may not use or allow others to use the Software Product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, aircraft navigation or communication systems, air traffic control, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, severe physical or environmental damage or mass destruction. You agree that Plexscape will have no liability of any nature, and You are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Software Product.
11.2 USE OF THIRD PARTY SOFTWARE.
You may from time to time provide suggestions, comments, regarding usability, bug reports, test reports or other feedback (collectively, “Feedback”) to Plexscape with respect to the Software Product. You agree that Plexscape may freely use, disclose, reproduce, License, distribute and otherwise commercialize the Feedback in any Plexscape product, technology or service.
11.4 GOVERNING LAW
This License will be governed by and construed by the laws of Greece, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction and, in respect of any dispute which may arise hereunder, You consent to the jurisdiction and venue of Greece, Athens, and agree that any legal proceedings arising out of this License shall be conducted solely in Greece.
You waive all defences of lack of personal jurisdiction and forum nonconveniences.
11.5 ENTIRE LICENSE; SEVERABILITY
This License constitutes the entire, final and exclusive agreement between You and Plexscape relating to the Software Product and Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this License. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License will remain in full force and effect.
You may not transfer the Software media, assign this License or assign any of your rights or delegate any of your obligations under this License, by operation of law or otherwise (including by merger, sale of assets or consolidation), without Plexscape’s prior written consent. Any attempted assignment in violation of this Section 11.6 will be void.
Last updated: 14/2/2013