Terms and Conditions - PlusSpec

Last Revision: September 12, 2018

Payment Terms & Conditions

1. Subscription

Your subscription(s) will continue until terminated. Unless you cancel your membership before your billing date, you authorize us to charge your next month’s subscription fee to your Payment Method (see “Cancellation” below). You can find specific details regarding your subscription by visiting our website and clicking on the “Manage Account” link available at the top of the pages of the PlusSpec website under the Sign In tab.

2. Free Trial

2.1. Your subscription may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.

2.2. Free trial eligibility is determined by RubySketch at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Customers with an existing or recent PlusSpec subscription are not eligible. We may use information such as method of payment or an account email address used with an existing or recent PlusSpec subscription to determine eligibility. For combinations with other offers, restrictions may apply.

2.3. We will charge your Payment Method for your subscription fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view your selected plans subscription price and end date of your free trial period, visit our website and click the “Manage Account” link on the “Sign In” tab.

3. Billing

3.1. Billing Cycle. The subscription fee for the RubySketch service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on an annual or monthly basis (depending on your chosen plan) to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Manage Account” tab under the “Sign In” tab to see your next payment date.

3.2. Payment Methods. You can change your Payment Method by visiting our website and clicking on the “Manage Account” tab under the “Sign In” tab. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your subscription at any time, and you will continue to have access to the RubySketch service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-term membership periods. To cancel, go to the “Manage Account” tab under the “Sign In” tab on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will end, refer to your Billing Portal.

3.4. Third Party Purchases (Distributors). If you purchased a license(s) through a third party, such as a Distributor, you are not on a subscription membership. As such, your license will not automatically renew, and you are not required to cancel. If you wish to renew your license, you must contact your Distributor, or purchase through RubySketch directly.

3.5. Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

License Terms & Conditions

1 License

1.1 License Grant.

Subject to and conditional upon Licensee’s continuous compliance with this Agreement and payment of the applicable fees, RubySketch grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to Install and Access the Licensed Materials, in each case solely (a) in the Territory, (b) within the scope of the License Type and Permitted Number specified in the applicable License Identification, and (c) in accordance with the other terms of this Agreement. Various License Types are described in Exhibit A. In any case where the License Identification does not specify a License Type or Permitted Number, or there is no License Identification, the License Type will, by default, be the Evaluation License and the Permitted Number will, by default, be one (1).

1.2 Upgrades and Previous Versions.

1.2.1 Effect of Upgrades.

If RubySketch or a Reseller provides Licensee with an Upgrade to other Licensed Materials previously licensed to Licensee, the Licensed Materials previously licensed to Licensee and any other PlusSpec Materials relating thereto will thereafter be deemed to be a “Previous Version.” Except as set forth in Section 1.2.2 (Exception for Relationship Program Licensees), the license grant and other rights with respect to any Previous Version will terminate one hundred twenty (120) days after Installation of the Upgrade. Within such one hundred twenty (120) day period, except as set forth in Section 1.2.2 (Exception for Relationship Program Licensees), (a) Licensee must cease all use of any Previous Version and Uninstall all copies of the Previous Version, and (b) upon expiration of such period, such Previous Version will no longer constitute Licensed Materials but rather will be deemed to be Excluded Materials and Licensee will no longer have a license for any such Previous Version. At RubySketch’s request, Licensee agrees to destroy or return to RubySketch or the Reseller from which they were acquired all copies of the Previous Version. RubySketch reserves the right to require Licensee to show satisfactory proof that all copies of any Previous Version have been Uninstalled and, if so requested by RubySketch, destroyed or returned to RubySketch or the Reseller from which they were acquired.

1.2.2 Exception for Relationship Program Licensees.

The termination of rights as to Previous Versions described in Section 1.2.1 (Effect of Upgrades) may not apply to Licensee if and to the extent (a) Licensee participates in a Relationship Program and the Relationship Program Terms authorize Licensee to retain such Previous Versions or (b) otherwise authorized in writing by RubySketch.

1.3 Additional Terms.

The Licensed Materials (or portions thereof) may be subject to terms (e.g., terms accompanying such Licensed Materials or made available in connection with ordering, installing, downloading, accessing, using or copying such Licensed Materials) that are in addition to or different from the terms set forth in this Agreement, and Licensee agrees to comply with such terms.

1.4 Other Materials.

If RubySketch provides or makes available to Licensee any additional materials associated with the Licensed Materials, including any corrections, patches, service packs, updates or upgrades to, or new versions of, the Licensed Materials (including Upgrades) or any Supplemental Materials or User Documentation for the Licensed Materials, (a) such additional materials may include or be subject to other terms in addition to or different from the terms set forth in this Agreement (including, without limitation, additional or different fees, license terms, or restrictions on use), and Licensee agrees to comply with such terms, or (b) if there are no other terms for such additional materials, they will (except as otherwise provided by Section 1.2 (Upgrades and Previous Versions)) be subject to the same terms (including, without limitation, the licenses, applicable License Type and Permitted Number, and other terms of this Agreement) as the Licensed Materials to which such additional materials apply. In no event will the foregoing result in any rights with respect to Excluded Materials.

1.5 Authorized Users.

Licensee may permit the Licensed Materials to be Installed and/or Accessed only by Licensee’s Personnel (except as otherwise designated in the applicable License Type), and any such Installation or Access will be subject to any other requirements imposed by this Agreement and the applicable License Type and Permitted Number. Licensee will be responsible for compliance with this Agreement by Licensee’s Personnel and any other persons who may have Access to the PlusSpec Materials through Licensee (whether or not such Access is authorized by PlusSpec or within the scope of the applicable License Type and Permitted Number).

1.6 Third-Party Licensed Materials.

The PlusSpec Materials may contain or be accompanied by third-party software, data or other materials that are subject to and provided in accordance with terms that are in addition to or different from the terms set forth in this Agreement. Such terms may be included or referenced in or with such third-party software, data or other materials (e.g., in the “About box”) or a web page specified by RubySketch (the URL for which may be obtained on PlusSpec’s website or on request to RubySketch). Licensee agrees to comply with such terms. In addition, Licensee will take sole responsibility for obtaining and complying with any licenses that may be necessary to use third-party software, data or other materials that Licensee uses or obtains for use in conjunction with the Licensed Materials. Licensee acknowledges and agrees that RubySketch has no responsibility for, and makes no representations or warranties regarding, such third-party software, data or other materials or Licensee’s use of such third-party software, data or other materials.

1.7 Relationship Programs.

RubySketch may offer to Licensee, and (if so) Licensee may participate in one (1) or more Relationship Programs applicable to the Licensed Materials licensed to Licensee under this Agreement (and such Relationship Programs may include rights in addition to or different from those set forth in this Agreement). Any Relationship Programs are subject to RubySketch’s terms therefore, which terms are set forth in the applicable Relationship Program Terms. Licensee agrees that if it requests, accepts, or makes use of any Relationship Program, Licensee will be bound by such terms, as they may be modified from time to time in accordance with the applicable Relationship Program Terms (and such terms, as so modified from time to time, are a part of and incorporated by reference into this Agreement), and Licensee agrees to comply with such terms. Licensee acknowledges that RubySketch may require a further acceptance of such terms as a condition to participation in a Relationship Program.

1.8 Services.

RubySketch may provide, and Licensee may elect to receive or benefit from, certain Services from time to time. Any Services are subject to RubySketch’s terms therefore, which terms are set forth in the applicable Services Terms. Licensee agrees that if it requests, accepts, or makes use of any Services, Licensee will be bound by such terms, as they may be modified from time to time in accordance with the applicable Services Terms (and such terms, as so modified from time to time, are a part of and incorporated by reference into this Agreement), and Licensee agrees to comply with such terms. Licensee acknowledges that RubySketch may require a further acceptance of such terms as a condition to providing Services.

1.9 Archival Copy.

Licensee’s license under Section 1.1 (License Grant) includes the right to make a single archival copy of the Licensed Materials in the Territory, provided that (a) the single-copy limitation will not apply to copies made as an incidental part of a routine backup of Licensee’s entire computer system on which the Licensed Materials are Installed in accordance with this Agreement, where such backup includes the making of copies of substantially all other software on such computer system and (b) any archival copy may be Accessed or Installed (other than on a backup storage medium from which the Licensed Materials cannot be Accessed) only when and for so long as the primary copy of the Licensed Materials is inaccessible and inoperable. Copies of the Licensed Materials that are Installed and are in excess of the Permitted Number at any time while the primary copy of the Licensed Materials is also Accessible are not “archival copies” as permitted under this Section 1.9 (Archival Copy).

1.10 Nature of Licenses.

Licensee acknowledges and agrees that when Licensee acquires a license of Licensed Materials, (including through a Relationship Program or Services), Licensee’s acquisition is neither contingent on the delivery of any future features or functionality nor subject to any public or other comments (oral, written or otherwise) made by RubySketch regarding future features or functionality.

1.11 APIs.

Licensee acknowledges and agrees that any API Information and Development Materials (unless otherwise specified by RubySketch in additional or different terms associated with such API Information or Development Materials) (a) are confidential and proprietary to RubySketch, (b) may not be distributed, disclosed or otherwise provided to third parties, (c) may be used only internally and only in conjunction with and for Licensee’s own authorized internal use of the Licensed Materials to which the API Information or Development Materials relate, such as the development and support of applications, modules and components to operate on or with such Licensed Materials, and (d) may only be Installed on the same Computer(s) where such Licensed Materials are permitted to be Installed. Notwithstanding the foregoing or Section 3 (All Rights Reserved), if Licensee develops any such applications, modules and components in accordance with this Agreement, nothing in this Agreement will prohibit Licensee from using such applications, modules and components with (and porting such applications, modules and components to) other software and hardware (including the software and hardware of third parties), if such applications, modules and components (i) do not incorporate or embody any Development Materials or other PlusSpec Materials (other than the API Information that was used in the development thereof in accordance with this Agreement) and (ii) do not disclose the API Information. For purposes of this Section

1.11 (APIs), (A) “API Information” means the standard applications programming interface (“API”) information generally provided by RubySketch to licensees of the Licensed Materials that specifies the requirements for interfacing to (e.g., invoking or directing the functions of) the software included in such Licensed Materials; and (B) “Development Materials” means SDKs and other toolkits, libraries, scripts, reference or sample code, and similar developer materials included in the Licensed Materials. API Information does not include any implementation of such interface information, any Development Materials, or any other software, module or component. You may not use the RubySketch Software in any manner that could damage, disable, overburden, or impair RubySketch ‘s services (e.g., you may not use the RubySketch Software in an automated manner), nor may you use Software in any manner that could interfere with any other party’s use and enjoyment of RubySketch Services.

1.12 Software Licenses.

If a Product order includes software (whether built into hardware circuitry as firmware, provided as a standalone computer software product, provided as a hosted service, embedded in flash memory, or stored on magnetic or other media), such software is licensed, not sold, and Buyer is granted a non-exclusive, non-assignable right to use the Product software for no other purpose than that of operating the RubySketch Product(s) furnished under these Terms. If accompanied by a separate end user license, terms of service or terms of use, use of any such software or service will be subject to such separate terms (including any differing limited warranty terms exclusions and limitations). Nothing herein shall be construed to grant any rights or license to use any software in any manner or for any purpose not expressly permitted by the PlusSpec license.

1.13 Trimble License.

This license in no way over rides or changes conditions to the use of Trimble’s Sketchup. RubySketch’s PlusSpec software consists of functionality available in Trimble SketchUp (free version) as well as functionality available only in SketchUp Pro. RubySketch’s PlusSpec software can be made available to you without charge on a trial basis for your evaluation purposes of its functionality. For a limited time only upon formal request through the PlusSpec website will this provision be granted and may be determined by RubySketch from time to time at its sole discretion. The time remaining during the trial will be displayed within the Software. To continue using the PlusSpec functionality after the expiration of the trial period, you will be automatically charged, or you will be asked to pay the applicable license fee at https://www.plusspec.com/, or other URL that RubySketch may provide from time to time. You may decide to purchase the license without going through the evaluation process and may choose to pay the applicable license fee upon which you will be guided to the appropriate location for download and activation.

1.14 Statistics and Privacy Policy

From time to time RubySketch may access statistics and store data to enable reporting to product manufacturers and/or industry bodies and for its own purposes relating to trends and products specified per project via the use of PlusSpec and its functionality. By downloading this software you give permission to RubySketch to access statistics and store data and to otherwise use those statistics and/or data for the purposes of its own business or those of product manufacturers or industry bodies or for any reasonable purpose such as may be determined by RubySketch in its absolute discretion with no recourse to RubySketch or any of its subsidiaries.

Exhibit A – License Types

PlusSpec Pro

Full version, targeted at Professionals within the Deign & Construction Industry.

This version is for: Architects, Designers, Builders.

Payment Options: Freedom & Annual Plans

 

PlusSpec LT (Pre-Release)

This is a Pre-Release version of PlusSpec, and is a basic, limited version of PlusSpec Pro.

This version is for: Modelers/Renderers, SketchUp hobbyists, Owner-builders, and Part time & Third World Professionals.

Payment Options: Freedom Plan

© PlusSpec 2017