These are the terms and conditions (Terms) on and subject to which Integro Construction Software Limited. A company registered in England and Wales under company number 08673555 having its registered office at 3 Portland Place, Pritchard Street, Bristol BS2 8RH. (We, us, our), agree to grant a licence to you the user (you, your), a person employed or engaged by a party which has obtained a licence from Us (Principal Licensee). To access and use the BuildingWorks software application including any modules which the Principal Licensee has licensed from us from time to time (BuildingWorks Application).
Please read these Terms carefully as they apply to your use of the BuildingWorks Application. By clicking the “Accept” button when you first launch the BuildingWorks Application, you agree to be bound by these Terms. If you do not agree to these Terms, you must click the “Cancel” button and notify the Principal Licensee of your reasons for rejecting these Terms. You will not be able to access and use the BuildingWorks Application in these circumstances.
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LICENCE
- In consideration of the Principal Licensee’s payment of our licence fees and your acceptance of these Terms, we hereby grant you a non-exclusive, non-transferable licence, for the duration of the rights licensed to the Principal Licensee, to access and use the BuildingWorks Application and the documentation provided together with or which may be accessed through the BuildingWorks Application (Documentation) on these Terms solely in connection with the Principal Licensee’s internal business operations.
- You will be permitted to access and use the BuildingWorks Application only for the period of time set by the Principal Licensee (Access Period). You will be unable to access and use the BuildingWorks Application upon expiry of the Access Period unless the Access Period is extended by the Principal Licensee.
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RESTRICTIONS
- Except as may be allowed by any applicable law which is incapable of exclusion and except to the extent that we have expressly permitted the Principal Licensee to undertake the same, you undertake that you will not attempt to:
- copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute the BuildingWorks Application and/or Documentation in any form or media;
- reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form the BuildingWorks Application;
- access the BuildingWorks Application in order to build a product or service which competes with the BuildingWorks Application;
- use the BuildingWorks Application to provide services to third parties;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the BuildingWorks Application and/or available to any third party; or
- attempt to obtain, or assist third parties in obtaining, access to the BuildingWorks Application.
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YOUR ACCOUNT
- If you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at help@getbuildingworks.com
- We have the right to disable any account at any time if, in our opinion, you have failed to comply with any of these Terms.
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ACCEPTABLE USE
- You must not misuse the BuildingWorks Application or Documentation by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (Viruses). You must not attempt to gain unauthorised access to the server on which the BuildingWorks Application is stored or any server, computer or database connected to the BuildingWorks Application. You must not attack the BuildingWorks Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the BuildingWorks Application will cease immediately.
- You must not access, store, distribute or transmit any Viruses. Or any material in the course of using the BuildingWorks Application that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- infringes any copyright, database right or trade mark of any other person;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- in a manner that is otherwise illegal or causes damage or injury to any person or property;
- Whenever you do upload content to the BuildingWorks Application, you warrant that such content complies with the standards in this clause and you will be liable to indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage that we suffer as a result of your breach of warranty. We may choose to take legal action you and/or the Principal Licensee at our sole discretion.
- In accordance with the terms of our agreement with the Principal Licensee, we reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this clause.
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SUPPORT
If you require support in connection with your use of the BuildingWorks Application, you should speak to the Principal Licensee in the first instance, to find out more about the support services policy that we have place with the Principal Licensee.
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PROPRIETARY RIGHTS
- You acknowledge that all intellectual property in the BuildingWorks Application and the Documentation anywhere in the world belong to us or our licensors. That rights in the BuildingWorks Application are licensed (not sold) to you, and that you have no rights in, or to, the BuildingWorks Application or Documentation other than the right to use each of them in accordance with these Terms.
- You acknowledge that you have no right to have access to the BuildingWorks Application in source code form or in unlocked coding or with comments.
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NO WARRANTIES
- The BuildingWorks Application is only intended for use by professional users who are expected to apply their professional skill and judgement in assessing any information and/or outputs obtained through use of the BuildingWorks Application. You acknowledge that, to the extent permitted by law, only the Principal Licensee shall be entitled to make or assert any claim against us under the terms of our agreement with the Principal Licensee and agree that you will not make or assert any claim against us directly.
- As between you and us, we expressly do not warrant that your use of the BuildingWorks Application will be uninterrupted or error-free; that the BuildingWorks Application or the information obtained by you through the BuildingWorks Application will meet your requirements; or that any pricing. product, legal compliance or other information provided to you is accurate or up-to-date.
- We will not be responsible for any delays, delivery failures, loss of functionality or any other loss or damage. Resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the BuildingWorks Application may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
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CHANGES TO THESE TERMS
We may change these Terms at any time. And will not be required to obtain your prior consent to such changes. You must check this page from time to time to take notice of any changes we may make. As they will be binding on you.
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THIRD PARTY LINKS AND RESOURCES
Where the BuildingWorks Application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not control over the contents of those sites or resources and such links should not be interpreted as endorsement by us of those linked websites.
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APPLICABLE LAW
These Terms, its subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes regarding the same.