- These terms and conditions shall govern the sale and supply of downloadable software programs through our website, and the use of those software programs.
- You will be asked to give your express agreement to these terms and conditions before you create a user account for downloading the software or before you place an order on our website.
In these terms and conditions:
- "we" means BuildSoft (and "us and "our" should be construed accordingly);
- "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
- "software programs" means those software programs that are available for purchase on our website; and
- "your software programs" means any such software programs that you have purchased through our website (including any enhanced or upgraded version of the software programs that we may make available to you from time to time).
3. Free trial
- We have software programs on a free trial basis available.
- To enter the downloadable trial versions of software programs from us, the following steps must be taken:(1) you must create a user account with us by registering with your contact data, where you must consent to the terms of this document. An email with you account details will be sent to you. If you are an existing user, you do not need to register again, you must enter your login details in the next step; (2) you need to log in with your login details - username or email and pass word; (3) once you are logged in, you are able to download the trial versions.
- Your rights to use of free trial software programs shall be restricted in such manner and/or to such period as we may specify when you download the software programs, and we may apply technological protection measures to the software programs to enforce these restrictions.
- We may restrict your licence to use any free trial software program at any time, by giving you written notice of the restriction or activating the restriction in the relevant software program.
- We may terminate your licence to use any free trial software program at any time, by giving you written notice of termination or deactivating the relevant software program.
4. Order process and payments
- The online order process and payments are facilitated by our partner Digital River. Payments may be made by credit card or wire transfer.
- To enter into a contract through our website to purchase downloadable software programs from us, the following steps must be taken: you must add the software programs you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
- You must, during the order and payment process, pay the prices of the software programs you order. We provide a per month or per year charge scheme and you will be charged automatically until you cancel your subscription.
- If you are purchasing a large number of licences, please contact us directly and we will quote separately for this order.
- All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
- We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
6. Licensing of software
- We will supply your software programs to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
- Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, expiring, non-exclusive, non-transferable licence to make any use of your software programs permitted by Section 6.3, providing that you must not in any circumstances make any use of your software programs that is prohibited by Section 6.4.
- The "permitted uses" of your software programs are:
- downloading a copy of each of your software programs;
- installing a copy of each of your software programs on your desktop, laptop or notebook computers;
- creating back-up copies of each of your software programs; and
- using your software programs in accordance with the documentation incorporated into the downloads.
- The "prohibited uses" of your software programs are:
- the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any software program (or part thereof) in any format;
- the editing, modification, adaptation or alteration of any software program (or part thereof), and the creation of any derivative work incorporating any software program (or part thereof);
- the use of any software program (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
- the use of any software program (or part thereof) to compete with us, whether directly or indirectly;
- the reverse engineering, decompilation or disassembly of any software program (or part thereof); and
- the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorised use,
- You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your software programs.
- All intellectual property rights and other rights in the software programs not expressly granted by these terms and conditions are hereby reserved.
- The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
- If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
7. Additional users
- If you are a business, then your employees may use the software in accordance with Section 6, provided that you must ensure that any person using the downloads in accordance with this Section 7.1 is made aware of and complies with the requirements of Section 6.
8.Warranties and representations
- You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions; and
- all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
- We warrant to you that your software programs will be supplied to you with reasonable care and skill.
- All of our warranties and representations relating to software programs are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law;
- exclude any liabilities that may not be excluded under applicable law,
- The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
- are subject to Section 9.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- We may revise these terms and conditions from time to time by publishing a new version on our website.
- A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
- No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16. Statutory and regulatory disclosures
- We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
- These terms and conditions are available in the English language only.
- Our VAT number is BE 0439 002 796.
- The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
17. Our details
- This website is owned and operated by BuildSoft.
- We are registered in Belgium under registration number BE 0439.002.796, and our registered office is at Hundelgemsesteenweg 244-1, 9820 Merelbeke.
- Our principal place of business is at Hundelgemsesteenweg 244-1, 9820 Merelbeke.
- You can contact us:
- by post, using the postal address given above;
- by telephone, on the contact number published on our website; or
- by email, using the email address published on our website.