This is the agreement you accept when installing, updating or using the Thessova software. The same text is presented for acceptance by the Thessova installer and updater.
IMPORTANT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY CLICKING "ACCEPT", OR BY INSTALLING, UPDATING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, CLICK "DECLINE" AND DO NOT INSTALL, UPDATE, OR USE THE SOFTWARE.
1.1 "Software" means the Thessova software in any form, including the Thessova Revit plugin and all of its commands and tools, the OptiluX lighting analysis tools, the external renderer, the Thessova Updater, all associated executables, libraries, user interfaces, icons, images, file formats, data files, configuration files, documentation, and any updates, upgrades, or new versions supplied to You.
1.2 "Licensor" or "Thessova" means the owner and provider of the Software.
1.3 "You" or "User" means the person or entity that installs, accesses, or uses the Software.
1.4 "Output" means any result produced by or with the Software, including without limitation illuminance and lux calculations, spacing and placement results, compliance schedules and assessments, reports, drawings, schedules, exports, renders, and any other data or file generated by the Software.
2.1 These Terms and Conditions form a binding agreement between You and the Licensor.
2.2 Acceptance of the current version of these Terms and Conditions is required before the Software is installed for the first time and before any update to the Software is installed.
2.3 The Licensor may publish an updated version of these Terms and Conditions at any time. Where an updated version has been published, You must accept the updated version before installing any further updates. Your continued use of the Software after accepting an updated version is governed by that version.
3.1 Subject to Your compliance with these Terms and Conditions and with the Licensor's licensing requirements (including a valid, active licence account), the Licensor grants You a limited, non-exclusive, non-transferable, revocable licence to install and use the Software for Your own internal business purposes.
3.2 The licence is granted per licensed seat in accordance with the Licensor's licensing system. You must not share licence credentials or allow any unlicensed person to use the Software.
4.1 You must not, and must not permit or assist any other person to:
4.2 Nothing in these Terms and Conditions transfers any right, title, or interest in the Software to You. Nothing in this clause prevents You from using Outputs in Your own project deliverables in the ordinary course of Your business.
5.1 The Software and all intellectual property rights in the Software (including all software code, designs, interfaces, documentation, and data) are and remain the exclusive property of the Licensor. All rights not expressly granted are reserved.
6.1 The Software provides computational tools, including lighting, illuminance, spacing, placement, electrical, and compliance related calculations. All Outputs are computational estimates only. Outputs depend on the models, families, parameters, settings, photometric data, and other inputs supplied by You, and on assumptions and simplifications inherent in any simulation software.
6.2 Outputs are not professional advice. The Software is an aid to, and not a substitute for, the skill, judgment, and diligence of a suitably qualified professional.
6.3 You are solely responsible for reviewing, checking, and independently verifying every Output before it is used or relied upon, including verification by a suitably qualified and, where required, licensed or registered professional.
6.4 You are solely responsible for ensuring that any design, installation, or work that makes use of the Software or any Output complies with all applicable laws, codes, and standards, including without limitation the National Construction Code and applicable AS/NZS standards, and with any project specific requirements. The Software's compliance related features do not certify, warrant, or guarantee compliance.
6.5 Real world conditions (including construction tolerances, substitutions, surface properties, maintenance factors, and site conditions) may differ from modelled conditions, and actual results may differ from Outputs.
7.1 To the maximum extent permitted by law, the Software is provided "as is" and "as available", without warranty of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, or uninterrupted or error-free operation.
7.2 The Licensor does not warrant that the Software or any Output is accurate, complete, current, or suitable for any particular project or purpose.
8.1 To the maximum extent permitted by law, the Licensor (including its owners, directors, employees, contractors, and agents) is not liable to You or to any third party for any loss, damage, cost, expense, claim, or liability of any kind incurred by using the Software or arising out of or in connection with the Software, any Output, or any reliance on the Software's calculation tools, however caused (including negligence), and whether direct, indirect, incidental, special, consequential, exemplary, or punitive, including without limitation loss of profit, loss of revenue, loss of data, loss of opportunity, business interruption, rectification and re-work costs, professional fees, delay costs, property damage, or personal injury to the extent such exclusion is permitted by law.
8.2 To the maximum extent permitted by law, any condition, warranty, or guarantee that would otherwise be implied into these Terms and Conditions is excluded. Where legislation (including the Australian Consumer Law) implies a guarantee or imposes a liability that cannot lawfully be excluded, the Licensor's liability is limited, at the Licensor's option, to the resupply of the Software, the repair of the Software, or the payment of the cost of resupplying or repairing the Software.
8.3 Without limiting clause 8.1, the Licensor is not liable for any decision made, action taken, work performed, product procured, or design issued in reliance on any Output.
9.1 You use the Software, and You rely on any Output, entirely at Your own risk.
9.2 You are solely liable for any and all damages, losses, costs, claims, and liabilities arising out of or in connection with Your use of the Software or Your reliance on any Output, including any damage, loss, or injury suffered by You or by any third party, and including any damage arising from designs, installations, certifications, or other work produced with the assistance of the Software.
10.1 You indemnify the Licensor (including its owners, directors, employees, contractors, and agents) against all claims, demands, actions, proceedings, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with: (a) Your use of the Software; (b) Your reliance on any Output; (c) Your breach of these Terms and Conditions; or (d) Your violation of any law or of any right of a third party.
11.1 The Software uses a server based licensing system. To operate the licence, deliver updates, and record acceptance of these Terms and Conditions, the Software may collect and transmit to the Licensor limited technical information, including Your account email, machine name, a machine fingerprint, basic hardware details, installed Revit versions, and installed Software versions.
11.2 The Licensor may suspend or revoke a licence, refuse updates, or disable the Software where these Terms and Conditions are breached or where the licence account is not in good standing.
12.1 The Licensor may release updates, upgrades, or modified versions of the Software at any time, and may add, change, or remove features. Updates may be delivered through the Thessova Updater and may require acceptance of the then current Terms and Conditions before installation.
13.1 This agreement is effective until terminated. It terminates automatically if You breach any of these Terms and Conditions. On termination You must stop using the Software and remove it from Your machines.
13.2 Clauses 4, 5, 6, 7, 8, 9, 10, 14, and 15 survive termination.
14.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.
14.2 A failure by the Licensor to enforce any provision is not a waiver of that provision.
14.3 These Terms and Conditions constitute the entire agreement between You and the Licensor in relation to the Software and supersede any prior understanding in relation to the Software.
15.1 These Terms and Conditions are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
16.1 Licensing and support enquiries can be made through the Licensor's website at thessova.com.
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