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As of April 19, 2022
IMPORTANT—READ CAREFULLY PRIOR TO PURCHASING BLUEBEAM’S SERVICES AND/OR SOFTWARE.
THESE GENERAL TERMS AND CONDITIONS OF USE (“GENERAL TERMS”), ALL APPLICABLE ADDITIONAL TERMS, AND THE ORDER REGARDLESS OF FORM (COLLECTIVELY, “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUEBEAM, INC. ("BLUEBEAM" OR “WE” OR “OUR”). THE “ORDER” IS ANY METHOD THROUGH WHICH YOU ORDER SERVICES AND SOFTWARE FROM BLUEBEAM AND INCLUDES, BUT IS NOT LIMITED TO A QUOTE, ORDER FORM, PROPOSAL, STATEMENT OF WORK, ONLINE TRANSACTION, OR VERBAL ORDER PLACED TELEPHONICALLY. YOU ALSO INCLUDES VARIATIONS OF THE TERM SUCH AS YOUR AND YOURS. BY ACCEPTING THESE TERMS, WHETHER BY CHECKING A BOX ONLINE, EXECUTING AN ORDER, OR USING THE SERVICES OR SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND ON BEHALF OF YOURSELF OR THE COMPANY OR OTHER LEGAL ENTITY (“ENTITY”), WHICHEVER IS APPLICABLE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY. IN THIS CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS DO NOT PURCHASE, DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE OR SERVICES.
The General Terms govern Your acquisition and use of Bluebeam’s websites, support services, training services, and consulting services (the “Services”) and any Bluebeam software applications purchased by You, whether provided as part of the Services or that we make available for download or access via the internet as software as a service (the “Software”), and any other content or other materials that Bluebeam makes available to You or that You may license from Bluebeam. If You have entered into another negotiated agreement with Bluebeam integrated into an Order for Services or Software that references these Terms, then the terms of that negotiated agreement will control where it conflicts with these Terms.
Bluebeam’s Services and Software are subject to one or more of the additional terms below (“Additional Terms”), each found at https://www.bluebeam.com/legal/ based on the Services and/or Software purchased. If there is a conflict between the Order and the General Terms or the Additional Terms, the Order shall govern. If there is a conflict between the General Terms and the Additional Terms, the Additional Terms govern in regard to that particular Services and/or Software only. If there is conflict between the Terms and the agreements published within the Software, these Terms govern and supersede the agreement in the Software in its entirety. All capitalized terms not otherwise defined herein shall have the meaning given in the below Additional Terms.
Bluebeam Products and Services Addendum
Bluebeam Data Processing Addendum
Code of Conduct
1. Intellectual Property Notice and Reservation of Rights
You acknowledge and agree that the Services and Software provide a right of use, right of access or are licensed, not sold. For clarity, all references in the terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a right of use, right of access, or a license to the Services and/or Software as further described in Bluebeam Products and Services Addendum or other applicable document. Nothing in these Terms, nor Your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, trade secret rights, moral right, patent (whether pending or issued) or trade secret right in or to the Services or Software (collectively the “Intellectual Property Rights”).
2. The Basics
3. Does Bluebeam Offer Trials and Beta Test of its Services and Software Yes, Bluebeam does offer trials for some of Services and Software and may also offer You an opportunity to participate in beta tests for new products or releases in the future. Such trials and beta tests will be described in the relevant offer and are subject to these General Terms and as further detailed in the Bluebeam Products and Services Addendum.
5. Will These Terms Ever Change The Terms may need to change due to enhancements, improvements, applicable law or regulatory changes to name a few. To ensure the Terms are up to date, Bluebeam reserves the right to modify the Terms at any time in its sole discretion. If We do, We will bring it to Your attention by providing a notice on Bluebeam’s Legal page which can accessed here, by sending You an email, by notice through the Services or Software itself, and/or by some other means. If You don’t agree with the changed Terms, You are free to reject them. Unfortunately, that means You will no longer be able to use the Services or Software. In the event you decide to reject Bluebeam’s new Terms, You must immediately (i) remove all of Your Content; (ii) cancel Your User ID; and (iii) discontinue all access and use of the Services and Software. Such termination is controlled by Section 18.104.22.168 in the Term and Termination section below. If You use the Services or Software after a change to the Terms is effective, that means You agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both You and Bluebeam.
6. Will Bluebeam Change its Services? Bluebeam is always trying to improve its Services and Software, so they may change over time. These changes may introduce new features, impose limits on certain features, or restrict access to parts or all of the Services and Software. Bluebeam reserves the right to revise, modify, or update the Services and Software in its sole discretion. Bluebeam will try to give notice when we make a material change that would adversely affect You, but this isn’t always practical. Similarly, we reserve the right to remove features, functionality, or the Services or Software, at any time, for any reason including end of life policies. Finally, Bluebeam reserves the right to remove Your Content at any time, for any reason, without notice, in Bluebeam’s sole discretion which includes, but is not limited to, allegations that such content violates these Terms or a use violates the Acceptable Use Policy.
8. What else do I need to know?