BIMM Solution Provider
CAED BIM Library
Terms of Use
1. CAEDHERITAGE.COM Terms and Conditions applies to all Users of any and/or all of the CAED BIM Library.
2. CAEDHERITAGE.COM Private Policy applies to all Users of any and/or all of the CAED BIM Library
3. Definitions and interpretation
3.1
Registered Users=Users who are registered with an Account on one or more of the CAEDHERITAGE.COM
BIM =Building Information Modelling
BIM Material= A digital file in a format that is fully compatible with and part of the CAED BIM Library and which contains information about a real-world material image (e.g. wall, window, door, concrete block, glazing pane, fixing) that is used in the construction process. Each BIM Material file may include Content defining any of its three-dimensional geometry; any of its physical and aesthetic properties and behaviour; any of its specification, constructions and facilities management properties; and any of the relationships and constraints that describe the equivalent real-life physical component or
material
BIM Lib Tools=The BIM Lib Tools operated by any BIM Software used with CAED BIM Library.
Content =All human and machine readable data retained, maintained and displayed in any and/or all of the CAED websites including BIM Objects and product and specification information from third parties but excluding Project Data.
Contract=The agreement, including these Terms and Conditions, between Users and CAED which governs the access to and use of the CAED Websites
Contributions=Any Content or other data, information or material posted or uploaded (or submitted to CAED for such posting and uploading) by Authorised Users to any and/or all of the CAED Websites
Customer(s)= The purchaser of goods and/or services from the CAED Websites
Force Majeure Event = Includes any act, event, non-happening, omission or accident beyond CAED’s reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war; acts of God, fire, flood, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure and/or impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic
Free Service= A website service provided by CAED free of charge
Guests= Browsers of the CAED Websites who are not Registered Users
Intellectual Property Rights The patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names (if any), rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secretes) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world
Linked Websites=Any separate website whose domain name appears on a CAED Website
CAED BIM Library=The database of BIM Objects and Materials and related Content wholly owned, maintained and managed by CAED
CAED=CAED Heritage Sdn Bhd, a suite of products and services produced, maintained and distributed by CAED. The CAED products and services are available in many forms such as digital, magnetic media, online and paper. The CAED product range and brand are solely and wholly owned by CAED
Paid For Service =A one-off service purchased by a Customer from a CAED Website, for example the CAED Domestic Specification
PDF=Adobe Portable Document Format
PNG=Portable Network Graphic Format
Project Data =Any Contribution that is submitted by a Registered User via a CAED Website for use in a specific named project
Subscriber=Authorised Users who have paid the Subscription Fee and subscribed to use a Subscription Service on one or more of the CAED Websites
Subscription Fee=The fee set by CAED for use of a Subscription Service for a period to be agreed by CAED
Subscription Service=A service provided via a CAED Website for which an Authorised User agrees to pay a Subscription Fee in return for a defined period of use and access to the service, for example, CAED BIM Library
Users=All Subscribers, Customers, Authorised Users and/or Guests of any and/or all of the CAED Websites
3.2 Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
3.3 A reference to a company includes any company, corporation or other body corporate, wherever and however incorporated or established.
3.4 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
3.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
3.6 A reference to any party includes that party’s personal representatives, successors or permitted assigns.
3.7 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force, taking account of any amendment or re-enactment.
3.8 A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision.
3.9 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative, and shall not limit the sense of the words preceding those terms. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
3.10 Any obligation in these Terms and Conditions not to do something includes an undertaking not to allow that thing to be done.
4. Notices
4.1 Any and all notices given by Users to CAED in relation to the CAED Websites must be given to CAED in writing and sent by post to its registered office or by e-mail to admin@caedheritage.com
5. General use of the CAED Websites
5.1 Users are responsible for making all arrangements necessary for them to have access to any and/or all of the CAED Websites.
5.2 CAED reserves the right to change, revise, amend or update the Contract, including these Terms and Conditions, at any point in time without prior notice to Users.
5.3 Users are responsible for all Contributions utilised in relation to any and/or all of the CAED Websites. It is the responsibility of the User to ensure that any and/or all of the CAED Websites used are fit for their intended use by the User.
5.4 Product support information is provided online as part of the CAED Websites. CAED will at its absolute discretion provide a reasonable amount of assistance on request by a User, subject to the CAED Websites being used solely in accordance with the Contract and, where appropriate, the scope as detailed in the help files provided. Any additional product support will be at the absolute discretion of CAED. CAED reserves the right to withhold or charge additional sums for any assistance given that it does not consider to be:
5.4.1 reasonably required in accordance with the Contract; or
5.4.2 Is required in order to address operating difficulties caused either by User error or shortcomings or defects not arising from the operation of the CAED Websites.
5.5 Any information imparted to Users relating to any and/or all of the CAED Websites or the support thereof shall be kept confidential and used solely in connection with the normal operation of any and/or all of the CAED Websites except as expressly provided for in the Contract.
5.6 The CAED Websites and the information contained within any and/or all of the CAED Websites are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. No responsibility for loss incurred by any person acting or refraining from action as a result of using any and/or all of the CAED Websites or the information contained within the CAED Websites can be accepted by CAED.
5.7 Where any of the CAED Websites contain links to Linked Websites and resources provided by third parties, these links are provided for the Users’ information only and CAED is not responsible for the Content of any external websites.
5.8 Users are responsible for ensuring that all persons who access any and/or all of the CAED Websites via the User’s computer, handheld device and/or internet connection are aware of the CAED Website Terms and Conditions and that they comply with them.
5.9 By using any and/or all of the CAED Websites Users undertake to ensure that any advertising and marketing undertaken by the User and/or contained within Contributions relating in any way to any and/or all of the CAED Websites and/or their Content shall not reduce or diminish the reputation, image and prestige of the CAED Websites and/or their Content, or that of CAED.
6. Restrictions on use of the CAED Websites
6.1 Users may only use the CAED Websites for lawful purposes. Users may not use the CAED Websites:
6.1.1 In any way that breaches any applicable local, CAED or inter CAED law or regulation;
6.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.1.3 For the purpose of harming or attempting to harm anyone, including minors, in any way;
6.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with CAED’s Content Standards;
6.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
6.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware, any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or any other computing programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.2 Users may not reproduce, duplicate, copy or re-sell any part of any and/or all of the CAED Websites in contravention of the provisions of the Contract.
6.3 Users may not commercially exploit any and/or all of the CAED Websites either in full or in part save as expressly permitted by CAED.
6.4 Users may not use the CAED Websites for the purpose of developing and/or maintaining for themselves or for others, an alternative service provision which:
6.4.1 directly or indirectly competes with CAED or any and/or all of the CAED Websites; and/or
6.4.2 in some way serves the same or a similar purposes as any and/or all of the CAED Websites.
6.5 Users may not access without authority, interfere with, damage or disrupt:
6.5.1 any part of any and/or all of the CAED Websites;
6.5.2 any equipment or network on which any and/or all of the CAED Websites are stored;
6.5.3 any software used in the provision of any and/or all of CAED Websites; or
6.5.4 any equipment or network or software owner or used by any third party.
6.6 Users must not attack the CAED Websites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, a User would commit a criminal offence under The Communications and Multimedia Act 1998 and any other Acts under the Law of Malaysia. CAED will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the CAED Websites will cease immediately.
7. Intellectual Property Rights
7.1 Subject to clause 7.2 below, all of the Intellectual Property Rights in the CAED Websites and their Content are and shall remain at all time, solely and exclusively, the property of CAED or their authorised licensors and Users shall acquire no rights in any such material except as expressly provided in the Contract.
7.2 Any Intellectual Property Rights subsisting in Project Data or User Data used in relation to any and/or all of the CAED Websites shall remain the property of their respective owners.
7.3 Users may not:
7.3.1 use, copy, decompile, disassemble, adapt, merge, translate, reverse engineer or in any other way modify the CAED Websites or any aspect of the Content; or
7.3.2 make available the CAED Websites in any form either in whole or part to any third party except as expressly provided herein or as expressly agreed with CAED in advance in writing, there being no presumption that CAED should in any way be required to agree.
7.4 Users may not use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the CAED Websites or any interest in them except as expressly provided herein or as expressly agreed with CAED in advance in writing, there being no presumption that CAED should in any way be required to agree.
7.5 Users may not copy or otherwise incorporate any part of any and/or all of the CAED Websites and/or Content into any other website or service, hard copy or electronic publication or electronic retrieval system except as expressly provided by CAED.
8 Warranties
8.1 By accepting these terms and conditions, all Users warrant that if acting for a company, they are legally capable of entering into a binding contract on its behalf.
8.2 All Users warrant that they have not relied on any representation or warranty (whether made innocently or negligently) that is not set out in the CAED Website Terms and Conditions or the documents referred to in them.
8.3 All Users warrant that their use of any and/or all of the CAED Websites or their Content will be in accordance with clauses 5 and 6 above and:
8.3.1 will not infringe the Intellectual Property Rights of any third party;
8.3.2 will not be defamatory, libellous, obscene or otherwise unlawful; and
8.3.3 will not violate any applicable law, statute or subordinate legislation.
8.4 All Authorised Users warrant that any Contributions made by them to any of the CAED Websites comply with the Content Standards and they will be liable to CAED and indemnify CAED for any breach of that warranty.
8.5 All Authorised Users warrant that they own all of the Intellectual Property Rights in any and/or all Contributions they make to any of the CAED Websites.
8.6 CAED warrants that the CAED Websites will perform substantially in accordance with these terms and conditions provided that they are properly used and with the operating system for which they are designed and that the documentation correctly describes the operation of the software in all material respects.
8.7 The warranty set out in clause 8.6 is CAED’s sole warranty and is in place of all warranties, conditions or other terms expressed or implied by statute or otherwise all of which are hereby excluded to the fullest extent permitted by law.
8.8 CAED does not warrant that any and/or all of the CAED Websites will meet the Users’ requirements or that the operation of the CAED Websites and their Content will always be available and uninterrupted or error free or that all errors in the CAED Websites can be corrected.
8.9 Whilst CAED has taken every effort to ensure the accuracy and quality of information and guidance within the CAED Websites, CAED makes no representations, warranties or guarantees, whether express or implied, that the Content of the CAED Websites is accurate, complete or up-to-date. CAED accepts no responsibility for the subsequent use of this information, for any errors or omissions that they may contain, or for any misunderstandings arising from them.
9 Limitation of Liability
9.1 CAED shall be under no liability to Users in respect of their use of the CAED Websites in relation to any circumstances beyond CAED’s reasonable control including (but not limited to) Force Majeure Events, inability to supply access to the CAED Website and/or any or all of the Content, software materials or support, breakdown of equipment and labour disputes whether involving CAED, Users and/or any third party.
9.2 All Users use the CAED Websites at their own risk and in no event will CAED be liable to any Users for any loss or damage of any kind (except personal injury or death resulting from CAED negligence) including lost profits, lost revenue, down time, loss of anticipated savings, loss of business opportunity, goodwill or reputation or other consequential loss arising from the use of or inability to use any and/or all of the CAED Websites or from errors or deficiencies in any and/or all of the CAED Websites whether caused by negligence or otherwise except as expressly provided in these terms and conditions.
9.3 CAED takes no responsibility and shall have no liability for the Content of Linked Websites. Such links should not be interpreted as endorsement by CAED of those linked websites. CAED will not be liable for any loss or damage that may arise from any Users’ use of or reliance on any and/or all of the Content of the CAED Websites.
9.4 CAED takes no responsibility and shall have no liability for any Contributions posted, stored or uploaded by any Authorised User of the CAED Websites (or by any other third party), or for any loss or damage thereto, nor is CAED liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity that Users of the CAED Websites may encounter. Although CAED has no obligation to screen, edit or monitor any Contribution posted to or distributed through any and/or all of the CAED Websites, it reserves the right, and has absolute discretion, to remove, screen or edit without notice any Contributions posted or stored on the CAED Websites at any time and for any reason. Without prejudice to any of the foregoing, where Authorised Users submit Content to CAED for uploading or posting to the CAED Websites, CAED takes no responsibility and shall have no liability for the completeness, accuracy or currency of such Content.
9.5 CAED does not guarantee that the CAED Websites will be secure or free from bugs or viruses. Users are responsible for configuring their information technology, computer programmes and platform in order to access any and/or all of the CAED Websites. Users should use their own virus protection software.
9.6 CAED will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect any Users’ computer equipment, computer programs, data or other proprietary material due to their use of the CAED Websites or to their downloading of any Content, or any website linked to them.
9.7 CAED’s entire liability in respect of any single event of default shall be limited to damages of an amount equal to RM 50.00 in respect of damage to the tangible property of any User resulting from the negligence of CAED or its employees, agents or sub-contractors.
9.8 Subject in all respects to clauses 9.7, 9.10 and 9.11 CAED’s entire liability in the case of any other event of default shall be limited as follows:
9.8.1 with regard to use of Subscription Services, to the aggregate of the Subscription Fee paid in the immediately preceding period of 12 months;
9.8.2 with regard to the use of Paid For Services to the fee paid for the use of those Paid For Services;
9.8.3 no sums whatsoever will be payable in relation to the use of a Free Service or any other service for which no fee is paid (being neither a Subscription Service nor a Paid For Service).
9.9 Subject to clauses 9.7 and 9.11 CAED shall not in any circumstances howsoever arising be liable in respect of any event of default for loss of profits, goodwill or any type of special indirect or consequential loss including loss or damage suffered by any Users as a result of any action brought by a third party even if such loss was reasonably foreseeable or that CAED had been advised of the possibility of the Users incurring the same.
9.10 For the avoidance of doubt, CAED shall not be liable for any loss resulting from, or in any way arising out of or in connection with, any User’s or third party’s:
9.10.1 inappropriate use of and/or all of the CAED Websites and/or their Content;
9.10.2 failure to exercise reasonable levels of due care and attention when using any and/or all of the CAED Websites and/or their Content; or
9.10.3 failure to exercise reasonable levels of professional skill and competence when using any and/or all of the CAED Websites and/or their Content.
9.11 Nothing in these terms and conditions excludes or limits CAED’s liability for:
9.11.1 death or personal injury caused by CAED’s negligence;
9.11.2 fraud or fraudulent misrepresentation;
9.11.3 any other matter for which it would be illegal for CAED to exclude or attempt to exclude its liability.
10 Written Communications
10.1 When using any and/or all of the CAED Websites, Users accept that communication with CAED will be mainly electronic. CAED will contact Users by e-mail and/or provide Users with information by posting notices on the CAED Websites.
10.2 For contractual purposes, Users agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that CAED provides to them electronically comply with any legal requirement that such communications be in writing. This condition does not affect the statutory rights of Users.
11 Waiver
11.1 If CAED fails to insist upon strict performance of any of the Users’ obligations under the CAED Websites Terms and Conditions or if CAED fails to exercise any of the rights or remedies to which they are entitled under the CAED Websites Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve the User from compliance with such obligations.
11.2 A waiver by CAED of any default will not constitute a waiver of any subsequent default.
11.3 No waiver by CAED of any of the CAED Website Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to the User in writing in accordance with clause 10 above.
12 Privacy of User data
12.1 CAED stores and processes data strictly in accordance with the Data Protection Act available in Malaysia.
12.2 CAED may use the Project Data and Contributions in accordance with the Privacy Policy.
12.3 The Privacy Policy can be viewed at https://www.theCAED.com/privacy-policy. The Privacy Policy sets out the terms on which CAED will process any personal data it collects from Users, or that Users provide to them. By using the CAED Websites all Users consent to such processing and warrant that all data provided by them is accurate.
13 General
13.1 By browsing or otherwise accessing or using any and/or all of the CAED Websites the User agrees to be bound by these Terms and Conditions. If the User does not agree to the Terms and Conditions, they must not use any of the CAED Websites.
13.2 The CAED Websites and the materials and information provided within the CAED Websites are supplied, maintained and updated by CAED. Content and features may be added to or removed from any and/or all of the CAED Websites at any time by CAED without notice.
13.3 Failure to comply with these Terms and Conditions constitutes a breach and may result in CAED taking all or any of the following actions:
13.3.1 Immediate, temporary or permanent withdrawal of the User’s right to use any and/or all of the CAED Websites;
13.3.2 Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
13.3.3 Further legal action against the User; or
13.3.4 Disclosure of such information to law enforcement authorities as CAED reasonably feel is necessary.
13.4 The responses described above in clause 13.3 are not limited, any CAED may take any other actions it reasonably deems appropriate.
13.5 CAED Websites use cookies, the key purpose of which is to monitor the numbers of new and repeat visitors to the sites. CAED’s Cookie Policy applies and is incorporated into the Contract. The Cookie Policy can be accessed at https://www.theCAED.com/cookies.
13.6 Nothing in the Contract will affect the statutory rights of a consumer in genuine ‘consumer transactions’ under any applicable statute.
13.7 Nothing in the Contract shall be deemed to constitute a partnership between the User and CAED nor, except as expressly set out in these Terms and Conditions, constitute either party the agent of the other party for any purpose, except as expressly provided in these Terms and Conditions.
13.8 If any part of the Contract is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.9 The Contract and these Terms and Conditions are governed in all respects by the Laws of England and Wales and will be subject to the exclusive jurisdiction of the courts of England and Wales.
14 Uploading Contributions to the CAED Websites
14.1 Whenever Authorised Users make use of a feature that allows them to make a Contribution to any of the CAED Websites, they must comply with CAED’s Content Standards set out below. CAED’s Content Standards apply to each part of any Contribution as well as to its whole.
14.2 Any Contribution made by an Authorised User will be considered non-confidential and non-proprietary. The Authorised User retains all of their ownership rights in their Contributions, but they are required to grant CAED and other Authorised Users of the CAED Websites a limited licence to use, store and copy that Contribution and to distribute and make it available to third parties.
14.3 CAED has the right to disclose the identity of any Authorised User to any third party who is claiming that any Contribution posted or uploaded by them to any and/or all of the CAED Websites constitutes a violation of their Intellectual Property Rights, or their right to privacy.
14.4 CAED will not be responsible, or liable to any third party, for the Content or accuracy of any Contribution posted by an Authorised User.
14.5 CAED has the right to remove any Contribution from any and/or all of the CAED Websites if, in its opinion, any Contribution does not comply with CAED’s Content Standards.
14.6 Failure to comply with the CAED Website Terms and Conditions constitutes a breach and may result in CAED immediately, temporarily or permanently withdrawing the Contributions and/or the User’s right to use any and/or all of the CAED Websites. A user may be given a reasonable opportunity to redress the breach if this is deemed appropriate by CAED.
15. CAED’s Content Standards
15.1 Contributions must:
15.1.1 Be accurate (where they state the facts);
15.1.2 Be genuinely held (where they state opinions); and
15.1.3 Comply with applicable law in the Malaysia and in any country from which they are posted.
15.2 Contributions must not:
15.2.1 Contain any material which is defamatory of any person;
15.2.2 Contain any material which is obscene, offensive, harmful, hateful or inflammatory;
15.2.3 Promote sexually explicit material;
15.2.4 Promote violence;
15.2.5 Promote discrimination based on race, age, sex, religion, nudiity, disability or sexual orientation;
15.2.6 Infringe any copyright (including Intellectual Property Rights), database right or trademarks or any other person;
15.2.7 Be likely to deceive any other person;
15.2.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
15.2.9 Promote any illegal activity;
15.2.10 Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
15.2.11 Be likely to harass, upset, embarrass, alarm or annoy any other person;
15.2.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
15.2.13 Give the impression that they emanate from or are somehow related to CAED, if this is not the case; or
15.2.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
15.3 All Contributions are the views of the respective Authorised User and do not in any way reflect or represent CAED’s views or values.
16. Account and password
16.1 If a User chooses, acquires, or is provided with a user identification code, password or any other piece of information as part of CAED’s security procedures (including in relation to Subscription Services and Paid For Services), they must treat such information as confidential and must not disclose it to any third party.
16.2 CAED has the right to disable any user identification code or password, whether chosen by a Subscriber and/or Authorised User or allocated by CAED, at any time, if in CAED’s reasonable opinion they have failed to comply with any of the provisions of these Terms and Conditions.
16.3 If a Subscriber and/or Customer and/or an Authorised User knows or suspects that anyone other than themselves knows their user identification code or password, they must promptly notify CAED by email to admin@caedheritage.com.
17. Clauses 18 onwards are applicable solely to the specific websites as identified.
18 Terms and Conditions applicable solely to the use of the CAED BIM Library
18.1 Together BIM Material and the Content constitute a CAED Library of BIM Material and represent a key information resource for the construction industry referenced to the latest CAED BIM Specification system.
18.2 Only Authorised Users can use the CAED BIM Library.
18.3 By accessing and/or using the CAED BIM Library an Authorised User agrees to be bound by the CAED Websites Terms and Conditions and the following terms and conditions contained in clause 21 of this document which together shall govern an Authorised User’s use of the CAED BIM Library.
18.4 Access to and use of the CAED BIM Library is free of charge to Authorised Users.
18.5 By accepting the CAED Websites Terms and Conditions, CAED grants the Authorised User a non-transferable, non-exclusive licence to use the CAED BIM Library and BIM Objects.
18.6 An Authorised User shall not grant sub-licences, in whole or in part, of any of the rights granted under the CAED Websites Terms and Conditions, without CAED’s prior written consent. Whether to grant consent or not shall be a matter for CAED’s absolute discretion in all circumstances.
18.7 Subject to compliance in full with these Terms and Conditions, an Authorised User may reproduce part or parts (but not a material proportion) of the CAED BIM Library either alone or in conjunction with their own material;
18.7.1 for the purposes of their own personal use where that personal use is not for any commercial or profit making purpose; or
18.7.2 for use by educational institutions and their students for educational purposes only; or
18.7.3 for inclusion in any drawings or contract documents used or intended to be used in connection with a Customer Building Contract where the Authorised User is or may become a contracting party, or in connection with which the Authorised User is engaged or may be engaged in the future by one of the contracting parties in a professional capacity;
but not otherwise.
18.8 Intellectual Property Rights
18.8.1 Without prejudice to the generality of clause 7 CAED and CAED, the CAED and CAED logos, and all other CAED, and CAED trademarks, product names, and trade names of CAED, and CAED appearing in the CAED BIM Library and/or its Content are owned by CAED.
18.8.2 All other trademarks, product names, and logos appearing in the CAED BIM Library and/or its Content are the property of their respective owners.
19 Terms and Conditions applicable solely to use of the Material Folder under CAED BIM Library
19.1 By accessing and/or using the Material Folders Users agree to be bound by the CAED Websites Terms and Conditions and the following terms and conditions contained within clause 22 of this document which together shall govern a User’s use of the Material Folder.
19.2 Access to the Material Folder is free of charge and permitted temporarily. CAED may suspend, withdraw, discontinue or change all or any part of Material Folder without notice.
19.3 Only Authorised Users may print off and may download extracts of any page(s) from Material Folder and may do so for their personal use and may draw the attention of others within their organisation to Content posted on Material Folder. CAED’s status (and that of any identified contributors) as the authors of the Content on Material Folder must always be acknowledged.
19.4 If an Authorised User prints off, copies or downloads any part of Material Folder in breach of these terms and conditions, their right to use Material Folder will cease immediately and they must, at CAED’s option, return or destroy any copies of the materials they have made.
20 Terms and Conditions applicable solely to the use of the BIM Lib Tools
20.1 By accessing and/or using the BIM Lib Tools a User agrees to enter an End User Licence Agreement (Licence) with CAED in accordance with the terms and conditions and contained in clause 23.5 below.
20.2 Access to the BIM Lib Tools is free of charge and permitted temporarily. CAED may suspend, withdraw, discontinue or change all or any part of the BIM Lib Tools without notice.
20.3 Authorised Users of the BIM Lib Tools may print off one copy, and may download extracts, of any page(s) from Toolkit for their personal use and may draw the attention of others within their organisation to Content posted on the BIM Lib Tools. Authorised Users must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. CAED’s status (and that of any identified contributors) as the authors of the Content on the BIM Lib Tools must always be acknowledged. If an Authorised User prints off, copies or downloads any part of BIM Lib Tools in breach of these terms and conditions, their right to use the BIM Lib Tools will cease immediately and they must, at CAED’s option, return or destroy any copies of the materials they have made.
20.4 Any samples, drawings, descriptive matter or advertising on the BIM Lib Tools are issued and published for the sole purpose of giving an approximate idea of the services described in them and should not therefore be taken as a representation or warranty as to the Content of such services.
Updated 12 December 2020