SketchUp Extension Warehouse: General Extension End User License Agreement
Last updated: November 1, 2014
By purchasing, downloading, installing, reinstalling or using any Extension created by a third party developer (the “Developer”) and made available to you from the SketchUp Extension Warehouse, you agree to the terms of this General Extension End User License Agreement (“ General Extension EULA”), unless the Extension is provided with a separate end user license agreement between you and the Developer, in which case that separate end user license agreement will govern your use of the Extension. For clarity, your use of any Extension developed by Trimble will be governed by a separate end user license agreement between you and Trimble and not this General Extension EULA. “Extension” means the individual, separate software program or application created, designed and developed to interface and work with one or more of Trimble’s SketchUp software products and made available on Trimble’s SketchUp Extension Warehouse.
1. License Grant
Subject to the terms and conditions of this General Extension EULA (including the license restrictions set forth below), the Developer grants you a limited, worldwide, non-transferable and non-exclusive license (without the right to sublicense) to download, install, reinstall and use the executable version of the Extension for your internal use only.
2. License Restrictions
You may not, and you may not permit anyone else to:
(a) use the Extension on more than one computer or device at a time or use or host the Extension in a virtual server environment;
(b) copy, modify, adapt, translate, create a derivative work of the Extension or use it for any public display or performance, except as expressly authorized in this General Extension EULA;
(c) decompile, reverse engineer, or disassemble the Extension except and only to the extent permitted by applicable law (and then only with advance notice to the applicable Developer);
(d) remove, obscure or alter any product identification, proprietary, copyright, trademark or other notices contained in the Extension or accessed in conjunction with or through the Extension;
(e) distribute, sell, transfer, sublicense, rent, or lease the Extension, or use the Extension (or any portion thereof) for time sharing, hosting, service provider, or like purposes;
(f) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Extension; or
(g) use the Extension in violation of any applicable laws or regulations.
In addition, in connection with your use of SketchUp Make or any other version of SketchUp software provided at no charge, you may only use the Extension for non-commercial purposes. Non-commercial use means you may not sell, rent, lease or lend the output of the Extension. You may, however, use the Extension for commercial purposes in connection with your use of SketchUp Pro or such other version of commercial SketchUp software that Trimble may designate from time-to-time.
4. Proprietary Rights
All Extensions are licensed, not sold. You acknowledge and agree that:
(a) the Extension contains proprietary and confidential information that is protected by applicable intellectual property and other laws; and
(b) the applicable Developer owns all right, title and interest in and to the Extension, including without limitation all Intellectual Property Rights therein.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
5. Termination of this License
You may terminate this General Extension EULA at any time by manually deleting the Extension from your computer or uninstalling the Extension using the SketchUp Extension Warehouse uninstall feature.
If you violate this General Extension EULA, your authorization and license to use the Extension shall automatically terminate and you must immediately discontinue use of and destroy any downloaded Extensions.
Sections 2 (License Restrictions), 4 (Proprietary Rights), 6 (Warranty Disclaimer), 7 (Dangerous Activities) and 8 (Limitation of Liability) will survive any termination or expiration of this General Extension EULA.
6. Warranty Disclaimer
The Developer does not warrant that the Extension is up-to-date, that the Extension will meet your needs, that any defects or errors will be corrected, or that the Extension is free of viruses or other harmful components. Your use of the Extension is at your sole risk.
THE EXTENSION IS PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY THE DEVELOPER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Dangerous Activities
The Extension is not intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of the Extension could lead to death, personal injury, or severe physical or environmental damages.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE EXTENSION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE EXTENSION. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE EXTENSION.
9. U.S. Government Restricted Rights
The Extension and any related documentation are deemed "commercial computer software" and "commercial computer software documentation", respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Extension is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Extension, including technical data or manuals, is restricted by the terms, conditions and covenants contained in this General Extension EULA. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Extension is further restricted by this General Extension EULA.
10. Export Restrictions
The Extension may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Extension to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Extension to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the Extension for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
11. Governing Law
This General Extension EULA and all related actions and proceedings is governed by the laws of the state of residence of the Developer 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. The jurisdiction and venue for actions related to the subject matter of this General Extension EULA shall be the state and federal courts located in the county of residence of the Developer, and each party hereby submits to the personal jurisdiction of such courts.