EULA – SketchUp | SketchUp
If an executed agreement exists between you and Trimble at any time regarding the Software, the terms of that agreement shall supersede the terms of this Agreement in its entirety. Thus, if you enter into a separate written agreement with Trimble regarding the Software, that agreement not this one will control your use of the Software; and further if that agreement is terminated, you will not have the right to use the Software under the terms of this Agreement after termination. Each Order Form for the Software shall be deemed a part of this Agreement.
If an executed agreement exists between you and Trimble at any time regarding the Software, the terms of that agreement shall supersede the terms of this Agreement in its entirety.
Thus, if you enter into a separate written agreement with Trimble regarding the Software, that agreement not this one will control your use of the Software; and further if that agreement is terminated, you will not have the right to use the Software under the terms of this Agreement after termination. Each Order Form for the Software shall be deemed a part of this Agreement. This Agreement is binding on you whether or not you executed an Order Form with Trimble.
Order Forms may not vary the terms of this Agreement. Only a written agreement, signed by Trimble not a Trimble Supplier may vary the terms of this Agreement. Trimble Content does not include Google Content as defined in Section Grant of License. Subject to all of the terms and conditions of this Agreement, Trimble grants you a non-transferable, non-sublicensable, non-exclusive, worldwide license to use the Software in machine-readable form on any computer and operating system for which it was intended, but solely: Subject to the terms and conditions of this Agreement, Trimble grants you a non-transferable, non-sublicensable, non-exclusive license to input, upload, download, reproduce, adapt, make derivative works based on, publicly perform and display, and modify the Trimble Content available through the Software in connection with the normal course of the operation of such Software.
Trimble may make available the Software and Documentation by disk or other media, or for download in electronic form. Trimble shall also provide you with electronic passwords or other enabling mechanisms if necessary to permit the licensed usage of the Software. All licenses shall commence, and delivery shall be deemed to occur, as of the Effective Date or, if later, such date on which the Software and license keys are first made available to you.
If your Order Form is with a Trimble Supplier, that Trimble Supplier and not Trimble is solely responsible for delivery to you and Trimble has no liability for any failure to deliver. If the Software requires license keys to operate as licensed to you, Trimble or the applicable Trimble Supplier will deliver such license keys to you. Software Intended to be Installed on Computers. You may copy and install on your computers for use only by your employees the number of copies of the Software for which you have paid the applicable license fee.
You may transfer the Software from one computer to another computer provided that the Software is completely removed and de-installed from the prior computer. You may also make a reasonable number of copies of the Software for back-up and archival purposes. License Restrictions. You shall not and shall not allow any third party to: You acknowledge that you need to obtain a separate distribution license from Trimble in order to distribute or publish the Software or any derivative in any form not expressly permitted in the Agreement.
Trial Software. The time remaining during the trial will be displayed within the Software. Upon the expiration of the Trial Period, the Software will automatically cease to operate.
Educational Versions. This includes installation and use of the Software in teaching labs at an educational institution, provided that use of the Software is by enrolled students who are engaged in classroom learning activities at the educational institution. However, if you are an employee of an educational institution and your job responsibilities are not those of a qualified instructor, you must purchase a SketchUp Pro commercial license.
Educational Versions of the Software are for educational purposes only and may not be used for commercial, professional or other for-profit purposes. For example, but not as a limitation, if you are employed as a member of the professional staff of an educational institution such as the facilities management team, you are considered to be engaged in for-profit activity and you must purchase a SketchUp Pro commercial license.
In addition, other terms and conditions may apply to Educational Versions including without limitation, screening or author criteria as may be set by Trimble from time-to-time. Please contact Trimble for additional information. Educational Versions are licensed for a one year term unless specified otherwise in the Order Form.
Upon expiration of the one year term, your right and license to use the Educational Version of the Software expires and the Software will automatically become inoperable. Qualified instructors, students and institutions may purchase a license for an Educational Version of the Software annually upon meeting all program requirements described in this section. Software Activation and Metering. Trimble may use your internal network and Internet connection for the purpose of transmitting license-related data at the time of installation, registration, use of or update to the Software, and for validating the authenticity of the license-related data in order to register your Software and protect Trimble against unlicensed or illegal use of the Software.
Trimble may include in the Software, a built-in license metering technology that helps you avoid any unintentional violation of this Agreement. You acknowledge that such metering module may send Trimble on-line notification confirming use of the Software. You will not disable, modify or interfere with the operation of any such module. Trimble may use your internal network for license metering.
Trimble will use information obtained per this Section 3. Software Updates. The Software may notify and inform you when Updates to the Software are available. The Software allows you to request and receive Updates automatically, and does so by default, though you have the choice to disable this feature. Likewise, you will need to take action to download and install the software on your computer as this action does not happen automatically.
Consent to Use of Data. Trimble will not use such information in a form that personally identifies you except to the extent necessary to provide maintenance and technical support, or to enhance your use of the Software including requesting feedback on the Software, providing critical updates, notifications regarding pre-release Software, or to improve the Software.
Accordingly, by using the Software you consent to any transfer of such information outside of your country. You acknowledge and agree that Trimble may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: Trimble will not be responsible or liable for the exercise or non-exercise of rights under this Agreement.
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Trimble and its suppliers have and will retain all rights, title and interest including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights in and to the Software and all copies, modifications and derivative works thereof including any changes which incorporate any of your ideas, feedback or suggestions.
You shall pay all fees associated with the Software licensed and any services purchased hereunder as set forth in the applicable Order Form. All payments shall be made in advance prior to delivering a Software license, unless otherwise specified in writing by Trimble or the applicable Trimble Supplier.
Except as expressly set forth herein, all fees are non-refundable once paid. You shall be responsible for all taxes, withholdings, duties and levies arising from the order excluding taxes based on the net income of Trimble or the Trimble Supplier. Term of Agreement. You may also terminate this Agreement at any time by permanently deleting the Software in its entirety. Either party may terminate this Agreement including all related Order Forms if the other party: If you have entered into a separate written agreement with Trimble which governs the Software and that agreement is terminated, then this Agreement automatically terminates and you shall no longer have any right to use the Software.
Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
For clarity, even if you have entered into an Order Form with a Trimble Supplier, you agree that Trimble is a third party beneficiary to that Order Form and has the right to terminate this Agreement as set forth in this Section 6 Term of Agreement.
Upon any expiration or termination of this Agreement, you shall cease any and all use of any Software and destroy all copies thereof and so certify to Trimble in writing. Sections 2. Warranty Disclaimers. Trimble provides the support and maintenance services for SketchUp Pro for an additional fee pursuant to its then-current standard service terms currently available here 9. You agree to hold harmless and indemnify Trimble and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your misuse of the Software or your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
In such a case, Trimble will provide you with written notice of such claim, suit or action. Limitation of Remedies and Damages. The parties agree that the limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. Confidential Information.
Except as expressly authorized herein, you will hold in confidence and not use or disclose any Trimble Confidential Information. You acknowledge that disclosure of Trimble Confidential Information would cause substantial harm to Trimble that could not be remedied by the payment of damages alone and therefore that upon any such disclosure by you, Trimble shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law.
Export Compliance; Compliance with Laws Export Compliance. You are responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the direct or indirect export or import of any Software.
Without limiting the generality of the foregoing, you hereby acknowledge and agree that the Software and any associated Confidential Information are subject to the U. Export Administration Regulations and were exported from the United States, if at all, in accordance with those regulations. In the exercise of its rights, and the performance of its obligations under this Agreement, you shall comply strictly with all U. Parts , as amended and the U.
Export Administration Regulations 15 C. Parts , as amended. You will also comply with all applicable economic sanctions and trade embargo laws, rules and regulations as promulgated by the U. You shall not export, re-export, transfer, divert or disclose any such Software, or any direct product thereof, to any destination restricted or prohibited by U.
Your obligations under this paragraph will survive the termination of this Agreement for any reason whatsoever. Your failure to comply with any term of this paragraph will constitute a material breach of this Agreement and entitle Trimble to immediately terminate this Agreement in addition to any other remedy available at law or equity.
Compliance with Laws You are responsible for complying with all applicable laws, regulations and codes of practice in your use of the Software and any results derived from the Software. Any attempt to transfer or assign this Agreement without such written consent will be null and void.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect. Governing Law; Jurisdiction and Venue. Unless you obtained this Software in Canada or the European Union, this Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.
In such case the jurisdiction and venue for actions related to the subject matter hereof are the State of California and United States federal courts located in Santa Clara County, California, and both parties hereby submit to the personal jurisdiction of such courts.
If you obtained this Software in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada, excluding its rules governing conflicts of laws and without regard to the United Nations Convention on the International Sale of Goods. In such case jurisdiction and venue for actions related to the subject matter hereof are the courts of the Judicial District of York, Province of Ontario and both parties hereby submit to the personal jurisdiction of such courts.
If you obtained this Software in the European Union, this Agreement is governed by the laws of The Netherlands, excluding its rules governing conflicts of laws and without regard to the United Nations Convention on the International Sale of Goods.
SOFTWARE END USER LICENSE AGREEMENT (Trimble SketchUp)
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