Together with the provisions defined in the remaining sections of this License Agreement, this paragraph shall regulate the conditions of the Software License Agreement and related services, granted for a fixed time to the subscriber making the request.
The software/service license agreement is granted by subscription for an undefined time period required by the conditions at the request of the Subscriber Service.
- CHECKTOBUILD INC is a company with registered office 120 NE 27th St Ste 900 Miami, FL 33137 and owner of the software product granted in form of the Subscriber License.
- “Software License” means all the authorizations granted by the owner of the software product;
- “None defined ending User License and Fixed Period User License”: Software License granted on a Fixed Period or none defined ending basis with a subscription formula;
- “LicenseAgreement”:theagreementgoverningthelicenseconditionsbetween CHECKTOBUILD and the Subscriber;
- “Applicant” or “Licensee” means any natural or legal person purchasing the license of use for himself or another User;
- “User”: an individual user of the software. A user may be a person authorized by the licensee or the licensee;
- “Related services”: A set of services made available to Licensee for the period of validity of the license. The services may include (among other things) updates and evolutions, support, training, and web services and other software products.
- “Activate the service in Membership”: on-line procedure by which the subscriber buys or renews a User License;
- “Activation Date”: the date from which the service period starts, the activation date coincides with the successful buying procedure (time and date are provided by the CHECKTOBUILD remote server that manages the program and are independent of the computer on which it is installed);
- “service period”: period of time starting from the date of activation, and has a duration equal to the period of the subscription plan chosen.
- “Product Specifications”: Set of Technical Specifications of the product in question, including any services, and supporting documentation (the product specifications are published on the website c2bviewer.checktobuild.com, the software product in question on the section);
- “Software PREMIUM version”: software product that contains all the functions and services as defined in the Product specifications;
- “Software” TRIAL version”: software product with limitations in time or storage space but not in features as compared to the” FULL Version.”
- “Device”: a hardware system, both physical or virtual, with a storage device or a mobile device, capable of running the software.
1.3. Software user license conditions
CHECKTOBUILD grants to the Licensee, that accepts the Fixed Period USER LICENSE, a non-exclusive software and reserves, even for its successors, the exclusive property of the same software and all its rights, being able to always use it as one believes.
The above License Agreement is granted on condition that the Licensee has obtained the Software from CHECKTOBUILD and respects the terms of this document. CHECKTOBUILD also reserves the right to modify the software product and related services without notice at any time.
The license agreement does not include the right to get the software in source code form, or to dispose of its logic documentation and / or project.
The updates will be incorporated in the new versions.
The software license, may be associated with three devices at a time, whether physical or virtual, the software/service can only be used on the device to which it has been associated with the license and by a single person at a time.
If you use a virtualization software to create one or more virtual devices on a single computer hardware system, each virtual device and the physical device will be regarded as separate devices in the interpretation of these conditions.
You may access the software installed on the device remotely from any other device and use it, provided that the software installed on the licensed device may not be simultaneously used locally by another user.
If the software includes various applications, utilities and components (Software Included), the Subscriber is obliged to use all the components that are part of the Software, and they must not separate the various components in order to use them on different computers. Licensee may not separate the components of the Software or repackage another software package for distribution, transfer or resale.
It is strictly forbidden for the Licensee to operate the program in debugger mode, making reverse engineering actions, decompile, disassemble or attempt to discover the source code of the Software to modify, adapt or translate the software, otherwise the present License Agreement shall be resolved; make copies of the software, except as provided in this License to copy and / or modify any documentation (manual, videos, brochures, presentations, etc.) of this program without the permission of CHECKTOBUILD.
1.4. Free trial version
Trial versions (including their formats and any documentation in support) are subject to the conditions set out in this Document License Agreement and, therefore, remain property of CHECKTOBUILD software S.p.A.
With the trial version, CHECKTOBUILD software provides the user with not just a simple demonstration, but with the full version of the software, in order to allow a proper evaluation before
The program in the Trial version does not have any technical limitations, but it does have a capacity limit restricted to 10GB or 5 . Use of the software after one of these limits is reached from its first use is illegal: to avoid penalties you must purchase the license of the program.
Please note that the trial version is not subject to comprehensive process of validation, testing and maintenance of the corresponding commercial product.
CHECKTOBUILD does not provide any warranty of any kind on the use of the software. In particular CHECKTOBUILD does not guarantee the use of the software or documentation results in terms of correctness, accuracy, reliability, update or otherwise. The Licensee bears the entire risk related to the results and performance of the software.
A freeware is a software that CHECKTOBUILD distributes without any licencing fee. Without prejudice to free use and distribution, Freeware is subject to the present Licence agreement and therefore remain of CHECKTOBUILD property. The distribution against payment of CHECKTOBUILD ́S Freeware to third party is strictly forbidden.
1.6. Purchase, Renewals and Period of Validity
The subscriber can switch from the “trial version” to “PREMIUM version” of the software through the voluntary activation of the subscription service and the simultaneous granting of a license by CHECKTOBUILD.
The purchase of the license can be made through the specific button available in the trial version or through the C2B Viewer plans section located on the website https://c2bviewer.checktobuild.com. Licensee may choose from among the “Subscription” plans provided.
The subscription validity period will be calculated from the date of activation and will last throughout the period of the subscription plan chosen. (one month for subscription and 12 months for annual plan).
The Term is continuous and can neither be divided nor suspended. Time and date are those supplied by the remote server that runs the program, and are independent of the computer on which it is installed.
The renewal of the subscription service is automatic.
Automatic renewals will begin from the expiring date and will have a duration equal to the period of validity of the chosen subscription plan; towards the expiring Date. Only the Licensee of an annual plan will be sent a specific communication by e-mail proper to the end of the license.
The Subscriber may at any time cancel the automatic subscription renewal; the service will remain active throughout the subscription validity period and will expire automatically at the expiring Date.
The Subscriber may change the Subscription Plan, the new Plan however, will only take effect after the natural expiring date of the current Plan. For that purpose, the Licensee should contact with the Support Team (from CHECKTOBUILD) to set the new plan, and our team will modify the subscription/plan manually by our team.
Payments are non-refundable and we do not provide refunds for any automatic renewal occurred.
The subscriber will be able to check the status of their subscription plan by contacting CHECKTOBUILD’s Support Team (Activation Date, Term, Expiry Date, etc.) and manage the automatic renewal and cancellation of the service.
1.7. On-line activation and functionality
The online Activation associates the use of software / service to one or more specific devices and it can be mandatory for devices used with the software. Simultaneous use of the software on multiple devices is allowed for a maximum of a number of devices as specified and regulated for in the purchased “license subscription plan”.
Activation takes place simultaneously with the first purchase of the license and necessarily requires that the device is connected to the Internet. During activation, the software will automatically connect to the CHECKTOBUILD Server to send information about the software and hardware configuration of the device.
During the online activation, if the granting of the license functions or software activation prove counterfeiting or irregular license, the operation fails. Users are not permitted to bypass or circumvent activation.
Some changes to the components of your devices or the software may require you to reactivate the license.
During activation and license periodic checks the software requires an active internet connection and the ability to use the flow of data required by the program.
The licensee is responsible for the availability of the settings and correct operation of the network connection and the settings of the computer used. All internet connection costs are at the expense of the Licensee.
1.8. Services related to the use of the software
Throughout both the license and trial period, CHECKTOBUILD grants the Licensee, or a user authorized by him, a package of services that may include, among others, software updates, training and support, as well as web services.
The services are accessible through the CHECKTOBUILD website, and CHECKTOBUILD sub-pages.
The related services are subject to periodic changes by CHECKTOBUILD, which will be reported through communication and such terms, as amended from time to time, will become part of this License Agreement. CHECKTOBUILD reserves the right, in its sole discretion, to modify, add or remove from time to time related services. CHECKTOBUILD does not guarantee that the services will always be available during the validity period.
You may not distribute, rent, loan, sell, grant, sub-license, transfer or deal in any other way related services (including, for example, the rights of an included software made available as a service) or share services with any other person or entity without the prior permission from CHECKTOBUILD.
1.9. Identification Credentials and Licensee Data
Access to the service and/or other specific uses of the software may require that the user is identified by CHECKTOBUILD through his registration credentials.
The licensee is fully responsible for maintaining the confidentiality of their credentials; Furthermore, it is fully responsible for all activity that occurs through its Account.
The licensee agrees to notify immediately CHECKTOBUILD of any unauthorized use of their account or any other breach of security. CHECKTOBUILD will not be responsible for any loss due to the opening of the Accounts by third parties, with or without knowledge.
The licensee agrees that CHECKTOBUILD, or a third party authorized by CHECKTOBUILD in order to proceed with the distribution and services related to the product, can use the information and data provided.
The licensee agrees to provide CHECKTOBUILD, an authorized distributor or any other third party acting on behalf of CHECKTOBUILD, correct and updated registration information, even under request from CHECKTOBUILD software.
The licensee also agrees to maintain and update their registration information through the registration process of any data made available by CHECKTOBUILD.
The Licensee agrees that CHECKTOBUILD uses the personal information provided on registration or subsequently updated, to manage relations with the CHECKTOBUILD Licensee or use in any other circumstances such personal information in accordance with privacy rules available on the CHECKTOBUILD website.
1.10. Data processing
The licensee/user is responsible for the personal data collected, processed, and shared with CHECKTOBUILD while using the Services and will be the Data Controller. In relation to the processing of personal data on behalf of the Company, CHECKTOBUILD will be the Data Processor.
1.11. Data Communication with the server CHECKTOBUILD
The program automatically connects to the CHECKTOBUILD services and server to provide the Licensee with information related to the software to enable the recognition of the Licensee and to eventually receive any feedback using the software in order to improve its performance.
The acceptance of this License Agreement authorizes automatic exchange of data and information between the software in the Licensee’s possession and CHECKTOBUILD servers in order to get a better use while using the program and allow continuous improvement of services related to the product.
ACCEPTING THE FOLLOWING LICENSE OR USING THE SOFTWARE / SERVICE, ALL TERMS AND CONDITIONS STATED HEREIN AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND DURING USE FOR THE SOFTWARE FUNCTION PURPOSES ARE ACCEPTED.
The Licensee may not use these services in any way that could damage them or impair their use.
The Licensee may not use the services to try to access to any authorized service, data, account or network by any means.
1.12. The Transferring of LICENSES
Licenses for the subscription to software/services cannot, under any circumstances, be sold or transferred from one licensee to another for free, nor at cost for a fixed term or indefinitely.
The same licensee may transfer the license from one device to another, in accordance with the conditions of use contained herein. The transfers must be in accordance with the policies and procedures of CHECKTOBUILD and will be subject to the time schedule necessary to CHECKTOBUILD.
1.13. Service suspension
CHECKTOBUILD reserves the right, without prior notice, to limit and restrict access to the Services or the scope of the services under circumstances where CHECKTOBUILD deems a limitation necessary for security reasons or due to maintenance of operations.
Nothing will be due to the possible failure of the program / service usage caused by network problems or malfunctions or any damage or malfunction that occurred on the computer of the recipient who is using the Application or related to connection services used by them.
1.14. Disclaimer of Warranties
CHECKTOBUILD allows the licensee to use the Software / Service in accordance and as defined in this present document and by the Product Specifications.
Software and related services are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, of any kind, including warranties of satisfactory quality, title, non-infringement of intellectual property or capacity for a particular purpose.
CHECKTOBUILD does not guarantee that the procedures of this program meet the needs of the Licensee, nor give any other warranty, express or implicit, regarding the user manuals, Video Tutorials, technical assistance and the software; consequent risks arising from their use are at the expense of the licensee who has the burden and responsibility for the selection, installation, operation and management of the Program in order to achieve the pre-defined result.
Unless expressly stated in its license agreement, within the permitted limits of the applicable law, CHECKTOBUILD gives no warranty of any kind, whether implicit or explicit, that the software and the services associated MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
USING THE SOFTWARE AND RELATED SERVICES IS AT YOUR SOLE RISK.
Archives and databases with the software are provided “as is” and “as available” with all defects and without warranty, explicit or implicit, of any kind, including warranties of satisfactory quality, title , non-infringement of intellectual property or capacities for a particular purpose.
CHECKTOBUILD PROVIDES NO WARRANTIES AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE DATA IN THE ARCHIVES AND IN THE DATABASES AND DOES NOT GUARANTEE THAT THESE DATA WILL MEET THE NEEDS AND EXPECTATIONS OF USERS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE USE OF ARCHIVES AND DATABASES IS AT YOUR SOLE RISK YOU.
1.15. Limitations of Liability
CHECKTOBUILD in no case will be liable for any direct or indirect, special, consequential or incidental, including, loss of profits or revenues, business interruption, costs of goods replacement, loss or damage to data arising from the use or inability to use the software and related services, or damages arising from the use, even if CHECKTOBUILD has been informed of the possibility of such damages.
Under no circumstances shall CHECKTOBUILD be liable for any direct or indirect damages including loss of data or failure to achieve commercial opportunities and advantages resulting from the delay, malfunction or failure to use services and / or data, and directly attributable the malfunctioning of CHECKTOBUILD’s servers or circumstances beyond one’s control which is not dependent on the company, such as technical failures and interruptions of electrical connection services, telephone and computer, strikes, acts of vandalism and terrorism, disasters and natural disasters.
Such limitations and exclusions shall apply regardless of whether such damage can be caused by a breach of contract or warranty, negligence or other cause of service.
The obligations and responsibilities of CHECKTOBUILD towards the Licensee are those defined in this document, therefore, in any case of breach or default attributable to CHECKTOBUILD, it will respond in accordance with these terms and conditions, remaining expressly excluded from any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature.
To the extent that the existing law does not prohibit such exclusions and limitations, in no event shall the total liability for all damages and losses, contract, strict liability, fault (including negligence), will ‘exceed the amount eventually paid in the last 12 months for the licensing of these products / services.
The obligations and responsibilities of CHECKTOBUILD towards the Licensee are those defined in this document, therefore, in any case of breach or default attributable to CHECKTOBUILD, it will respond in accordance with the present license remaining expressly excluded any other compensation or damages to the Licensee for direct or indirect damage of any kind or nature. The Licensee acknowledges and agrees that in all cases in which the user’s license does not apply, CHECKTOBUILD will respond only to the extent provided in this license and indicated therein.
The Licensee acknowledges and agrees that in all cases in which this License Agreement does not apply , CHECKTOBUILD will respond only to the extent set out in these conditions.
1.16. Obligations and Licensee Rights
The Licensee has the right to use the product Software / service according to the specifications as per what has been defined in this present document and acknowledge that it is entitled to compensation only and exclusively where foreseen in the event of failure to comply with the same right with the exception of any other indemnity or compensation for any direct or indirect, of any kind or nature.
The Licensee, also in the name and on behalf of third parties which might have allowed to use the Software / Service, agrees to use the Software / Service itself exclusively for licit purposes and allowed by law from the uses and, rules of diligence and in any case, without infringing any rights of CHECKTOBUILD and third parties, taking all responsibility in this regard.
At the request of CHECKTOBUILD, the Licensee agrees to defend, relieve and keep CHECKTOBUILD free of all liabilities, claims and expenses, including legal fees, that may arise from:
I. unauthorized use or misuse of the software, including any related services;
II. the infringement of intellectual property;
III. violation of this “license agreement.”
As a condition of your use of the software, the Licensee expressly declares that it will not use the Software and / or related services for illegal purposes, prohibited or not foreseen under these Terms or any other CHECKTOBUILD policy ( “misuse”).
The Licensee declares his awareness of being responsible for any costs incurred by CHECKTOBUILD or any other interested parties (including legal fees) due to “improper use” of the software and related services.
Improper use includes, but is not limited to:
I. Access or attempt to access the software and services fraudulently or gain unauthorized access to an account of another user;
II. use the software and related services to spread or communicate inappropriate, defamatory, obscene or illegal information, images or content or to harass, stalk, threaten or otherwise violate the legal rights of others;
III. use the software and the related services so as to interfere with the use by other users.
IV. upload, or otherwise make available on the CHECKTOBUILD infrastructure, files that contain text, images, photographs, software or other content owned by others,in any manner that infringes any copyright, trademark, patent, trade secret or
other proprietary rights ;
V. advertising, offering for sale, or buy goods, or use the software and related services
for promotional purposes, except as expressly permitted by these Terms;
VI. take any action that imposes a large and unreasonable or disproportionately load
on the infrastructure of CHECKTOBUILD’s network; or upload files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or other property;
VII. violate any CHECKTOBUILD policy or any applicable law or regulation.
1.17. Property Rights and Intellectual property.
CHECKTOBUILD or its licensors reserve all rights, title and interest (including all intellectual property rights) relating to software and related services, including the content and the other information available of CHECKTOBUILD’s property (with exception, therefore, to any data entered by users) and the CHECKTOBUILD’s rights are protected by laws and international copyright treaties, as well, by the laws and treaties on intellectual property. All rights not expressly granted in these terms are held by CHECKTOBUILD.
The unauthorized use of the software and related services and their content may violate copyright, trademark and other intellectual property rights and laws in general. The licensee acknowledges and recognizes that all technological achievements at the base of software and services are property of CHECKTOBUILD software.
Licensee will acquire the rights to data generated and produced in connection with its use of the CHECKTOBUILD’s Software. Documentation and other data inserted or added to the Services by the Licensee e.g. Drawings and models will remain the Company’s property.
The Licensee also warrants that all data that it uploads, inserts, or adds to the CHECKTOBUILD Services, regardless of the form or media, does not infringe upon any third party’s intellectual property rights. If an infringement claim is made against CHECKTOBUILD regarding the Licensee’s data, the Company agrees to indemnify and hold harmless CHECKTOBUILD from all such third-party infringement claims and to cover all CHECKTOBUILD’s costs, including all legal fees.
1.18. Validity and changes to license conditions
The conditions described in this document will be effective by the acceptance from the Licensee and will remain valid during the supply of software and services by CHECKTOBUILD.
The Licensee acknowledges and agrees, however, that the Software / Service is characterized by constantly evolving technology, for these reasons and with the aim to constantly improve, CHECKTOBUILD reserves the right to change for improving the technical characteristics of the Service, of its related instruments, and to vary the conditions of this License at any time, even after its acceptance, without giving rise to any obligations whatsoever on the Licensee.
Either party may terminate this License Agreement if the other party is in default of its obligations provided for therein, and no solution is found within 5 (five) days from the receipt of the written request.
Alternatively, CHECKTOBUILD may suspend the fulfillment of its obligations to the Subscriber or the rights to this compete under this Agreement if it fails to execute even just one of the payments to CHECKTOBUILD or not showing compliance with the provisions of this Agreement.
CHECKTOBUILD may terminate this Agreement if the subscriber is subject to bankruptcy proceedings, becomes insolvent or enters into an agreement with its creditors.
This Agreement shall be terminated automatically without any further notice or action by CHECKTOBUILD if the subscriber is put into liquidation. The Subscriber acknowledges and agrees that CHECKTOBUILD may assign or sub-contract its rights and / or obligations under this License Agreement.
In the event of Termination or expiration of this Agreement, the rights and benefits granted hereunder will become extinct. Following termination or expiration the Subscriber must stop any use of the Products and / or Services related with the Agreement that has been terminated or has expired. CHECKTOBUILD reserves the right to require satisfactory proof that all the products and / or services have been uninstalled or that they are no longer in use.
1.20. Acceptance of the License Agreement
The LICENSEE IS OBLIGED TO READ THESE CONDITIONS BEFORE USING THIS SOFTWARE, INCLUDING RELATED SERVICES, OR ANY OTHER MATERIALS CONTAINED IN IT.
As for the “TRIAL” version of the software, with the first use of the application the present conditions of “User” License will be deemed accepted by the Licensee.
As for the “FULL version” of the software, THESE conditions of “User” License are considered accepted with payment of the software.
ACCEPTANCE OF THE LICENSE TERMS AND CONDITIONS OF USE, AS PERMITTED ABOVE, MEANS LOSING ANY RIGHT OF WITHDRAWAL FROM THE PURCHASE, THEREFORE THE PROGRAM CANNOT IN ANY WAY BE RETURNED TO CHECKTOBUILD.
If the Licensee does not intend to accept these Terms, the software and any related item or service cannot be used. CHECKTOBUILD reserves, also, the right to update and modify at any time and at its sole discretion the present Terms. The Licensee is invited to regularly check the following Terms to make sure that no change has been applied. The continued use of the software and / or services, even after the publication of changes to these Terms, will confirm the acceptance of such changes.
These Terms constitute a binding legal agreement between Licensee and CHECKTOBUILD and have the same value as if they had been countersigned. A current copy of these Conditions is always available at: c2bviewer.checktobuild.com
1.21. Termination clause Expressed
CHECKTOBUILD, in its sole discretion, at any time without prior notice and without the exercise of this right and without being alleged of breaching the contract or violation of these Terms, reserve the right to:
cancel the license and suspend all related services in case of:
I. default or even only a violation of the provisions contained in this License Agreement;
II. behaviour is such as to create a well-founded and reasonable doubt or the non-fulfilment of this License or responsible for one or more violations of its conditions;
III. there are well founded reasons to believe that the service is used by unauthorized third parties;
IV. in case of events beyond one’s control or circumstances, at the discretion of CHECKTOBUILD, imposes you to urgently respond or resolve security problems, or danger to the entire network and / or to persons or property; in this case, the Service will be restored when CHECKTOBUILD, at its discretion, has assessed that the causes which led to the suspension / interruption have actually been removed or deleted;
V. the User becomes involved, in any capacity, in any legal dispute or court of civil, criminal or administrative authority and in any case if that dispute concerns the acts and conduct through the Service;
VI. the suspension is requested by the judicial authorities.
In case of suspension of the use of the software licenses, the Licensee shall immediately interrupt and uninstall the software and stop using all related services.
In any case of suspension of the license attributable to the licensee, CHECKTOBUILD reserves the right to implement all the necessary actions for damages.
CHECKTOBUILD accepts no responsibility for the resolution of the Licenses, the Account closure and disruption of services.
CHECKTOBUILD also reserves the right to put in place all the means provided by law to protect their image and their rights.
The competent court for all disputes that may arise between CHECKTOBUILD and the User is the Court in which the registered office of CHECKTOBUILD INC or any of its subsidaries (CHECKTOBUILD S.L)
Florida profit corporation
Entity Address: 120 NE 27th St Ste 900 Miami, FL 33137
● E-Mail: email@example.com
● Internet: www.checktobuild.com