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WEBSITE DOWNLOAD LICENSE AGREEMENT

WAVIN REVIT FILES

PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:

This license agreement ("License") is a legal agreement between you ("Licensee" or "you") and Wavin BV, a company incorporated under Dutch law established in Zwolle ("Wavin").

IMPORTANT NOTICE TO ALL USERS:

BY DOWNLOADING THE REVIT FILES FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 6 AS WELL AS EXPLICIT CONSENT FOR DATA TRANSFERS OUTSIDE THE EU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE REVIT FILES TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. IN THIS CASE YOU MAY NOT DOWNLOAD OR ORDER ANY SOFTWARE OR DOCUMENTS FROM THIS WEBSITE, INCLUDING THE REVIT FILES.

YOU SHOULD PRINT A COPY OF THIS LICENSE FOR FUTURE REFERENCE.

1.
Definitions:
Revit Files: the Wavin Revit files including (but not limited to) details of Wavin products, designing and installation intelligence and routing logic.
Solution: a Wavin Solution, such as Wavin AS, Wavin Tigris or Wavin QuickStream, which is based on a design consisting of Wavin parts such as: pipes, fittings and accessories.

2.
In consideration for the mutual obligations contained in this agreement, Wavin grants the Licensee a free of charge, revocable, non-exclusive and non-transferable license to download, install and use the Revit Files in order to design Solutions for a specific project under the terms and conditions as stated below. The Licensee acknowledges that Wavin is at all times entitled to terminate this Agreement upon notice and stop any and all activities relating to the Revit Files. Following any such termination, the Licensee is not entitled in any way whatsoever to any compensation.
Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Revit Files from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Revit Files then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

3.
The Licensee is responsible for the proper installation of the Revit Files on Licensees’ computer(s).
The Licensee shall register with Wavin all employees who are the contact persons for the Licensee relating to this Agreement, including their email addresses by emailing Wavin at info@wavin.com. Wavin is entitled to store and use contact details (including for the purposes stated below) and Revit Files downloaded by the Licensee and the Licensee will itself ensure a proper distribution of updates and Revit Files related communications within its company. As and when notified to do so by Wavin, the Licensee is recommended to update the Revit Files it has previously installed with any updates made available to it by Wavin.
Collection of data, use, right to object / access / rectify and security of Licensee’s data: Licensee’s data shall be processed for the purposes of fulfilling any agreement between Licensee and Wavin, fulfilling a request from Licensee for information or advice, informing the Licensee about communications concerning Revit Files and updates to the Revit Files, meeting statutory or other legal requirements and providing an optimal service. Wavin may provide Licensee’s data to Wavin Group companies for the same purposes as referred to above. In no event will Licensee’s personal data be transferred to other parties, which do not have an adequate level of protection, without Licensee’s prior consent. Further, Licensee’s personal data will only be provided to (or used on behalf of) third parties for direct marketing purposes where the Licensee has consented to such processing and use of personal data. The Licensee hereby agrees that Licensee’s personal data might be transferred among other entities associated with the Wavin Group around the world/ to other countries outside the EU, after fulfilling statutory requirements.
At all times Licensee can object to the use of Licensee’s data for direct marketing purposes. At all times Licensee can request access to and/or rectification and/or deletion of Licensee’s data for direct marketing purposes, for these purposes an email should be sent to info@wavin.com. The storage and transfer of Licensee’s data through the internet are secured by means of the current usual techniques.

4.
Wavin is entitled without prior notice or consent of Licensee to issue new versions of the Revit Files. Licensee shall ensure that such new versions are properly distributed. Licensee is recommended at all times use the latest version of the Revit Files for the designing of a Solution, including to avoid the risk of a design based on outdated Revit Files containing products which are no longer available from Wavin anymore.

5.
Licensee shall promptly notify Wavin of any failures in the Revit Files, or any service or assistance performed by Wavin.
Licensee’s contact persons for Wavin, required under clause 3 above, will supply all the requested information and assistance to Wavin’s helpdesk in order to explain and replicate the problem.

6.
Licensee recognizes Wavin does not control, observe, review or otherwise give oversight to Licensees’ designing processes and that Licensee is solely responsible for the design of the Solution. Licensee warrants that in designing a Solution with the Revit Files it shall observe and strictly follow the instructions of Wavin and fully comply with the applicable standards and regulations as imposed by local authorities. Licensee acknowledges that routing logic (connection possibilities) as included in a design developed with the use of the Revit Files may contradict with local regulations. In such case Licensee shall adapt the design of the Solution to comply with local regulations.
To the fullest extent permitted by law, Wavin shall not be liable to Licensee for any losses, expenses, costs or damages of whatsoever nature, whether direct or indirect, arising out of or resulting from the use of the Revit Files or the design of the Solution.
At its sole costs and expenses, Licensee agrees to defend, indemnify and hold Wavin harmless from and against all loss, costs, expenses (including legal fees), damages and liabilities, irrespective of its cause, resulting directly or indirectly from the conduct of Licensees’ business including but not limited to the use of the Revit Files and the design of the Solution.

7.
The Revit Files and the use thereof are confidential. Licensee shall preserve and protect the confidential nature of the Revit Files accordingly and shall not disclose the Revit Files to third parties without the prior written consent of Wavin. It is explicitly agreed that Revit Files submitted to Licensee will under no circumstances be made available to an affiliated company or to Licensees’ direct and/or indirect shareholders and their affiliated companies and subsidiaries. Licensee is prohibited to:
- Lease or lend out parts of or a copy of the Revit Files to a third party
- Directly or indirectly by implication, estoppel or otherwise, sublicense to a third
      party;
- Adjust or remove marks in the Revit Files concerning the ownership or the
      confidentiality of the Revit Files; and
- Multiply, disclose or change (part of) the Revit Files in any way, unless explicitly
      authorized in this Agreement.
The provisions of this Article shall apply to the fullest extent permitted by law and –regardless of fault- shall survive termination, expiration or annulment of this Agreement.

8.
All rights to, title and interest in the Revit Files including the underlying ideas, inventions, processes and data, shall vest in Wavin. Licensee acknowledges that no such rights to, title and interest in the Revit Files are granted under this Agreement other than the specified limited rights set forth in this Agreement which may be revoked in accordance with the terms of this Agreement.
Licensee shall forthwith notify Wavin of any third party’s use or threatened infringement of Wavin’s Revit Files or other intellectual property rights as soon as Licensee becomes aware of such potential) infringement. Licensee shall supply free of charge all information which it or Wavin considers to be necessary and desirable in order to take action against such attack or infringement. Licensee shall fully cooperate with and assist Wavin to enforce or defend Wavin’s intellectual property rights. Wavin declares that to the best of its knowledge the Revit Files do not infringe any intellectual property rights of third parties. However, Wavin makes no warranty or representation hat the Revit Files will be free from a charge of infringement by a third party.

9.
This Agreement shall be governed exclusively by Dutch law. The UN convention on international sales contracts (often referred to as the Vienna Sales Convention) shall not apply, nor shall any other international regulation on the purchase/sale of movable goods of which the applicability can be excluded by agreement. All disputes relating to the Agreement or any legal relationship arising from it shall be submitted exclusively to the competent court of the district in the Netherlands in which Wavin B.V. has its registered office. Such disputes shall, if Buyer has its registered office outside of the European Union, however be exclusively submitted for settlement to the Netherlands Arbitration Institute (NAI) in Rotterdam, the Netherlands, in accordance with its then applicable Arbitration Regulations. The arbitration language shall be Dutch. If the original documentary evidence is in English, the parties shall be entitled to submit this evidence in this language if this is acceptable to the arbitrator(s). All disputes relating to contracting of Work, shall be settled through arbitration by the Netherlands Arbitration Institute (NAI) in accordance with its then applicable Arbitration Regulations.

10.
Wavin may modify these terms or any additional terms that apply to this License Agreement to, for example, reflect changes to the law or changes to our files. If you do not agree to the modified terms or the additional terms, this License Agreement is terminated with immediate effect as defined in clause 2 of this License Agreement.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

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