5 Content, Intellectual Property and Rights
5.1. You confirm that your Content on the goBIM Online Service is your own or licensed to you by a third party, and You warrant that you are entitled to post it to the goBIM Online Service. By posting your Content to the goBIM Online Service, You are granting coBuilder and certain third parties a permission to use your Content to the extent described in this Agreement.
5.2. By using the GoBIM Online Service, You are granting coBuilder, for the purposes of developing its software products and services related thereto, including the goBIM Online Service, a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, modify, publicly perform and publicly display your Content on and through the goBIM Online Service and on and through other services affiliated with coBuilder, regardless of the medium used or of whether such services now exist or are developed in the future. If you post Content on or through the goBIM Online Service, you represent and warrant that you have the right to post that Content and grant the above rights to coBuilder.
5.3. You understand that posting your Content on or through the goBIM Online Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that coBuilder and/or any past, present or future Client of coBuilder may view your Content and may develop or have developed Content, which is identical or similar to yours, or may already know of such Content from other sources. Therefore, you represent and agree to all of the following and acknowledge that coBuilder and its Clients are explicitly relying on such representations and agreement with regard to your Content:
5.3.1 The Content represents either your own original work or you have all the necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in this Agreement. You specifically covenant that Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with coBuilder or any of its Clients, or obligate coBuilder or any of its Clients to treat your Content (or any related materials) as secret or confidential.
5.3.2 If coBuilder and/or any of its Clients do make use of your Content to the extent allowed by this Agreement, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to or related to Your Content.
5.3.3 If Your Content contains any other party’s intellectual property rights, you shall disclose that fact in connection with posting your Content on or through the goBIM Online Service.
5.3.4 You hereby irrevocably release and forever discharge coBuilder and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respective successors and assigns with respect to the Content and the use of the Content in accordance with this Agreement.
5.3.5. By accepting this Agreement, you give coBuilder authorization to use all the data you have entered into goBIM and make it available to other users of goBIM in the way goBIM at any time is offered on the market.
5.3.6 By their acceptance of this Agreement, you give coBuilder the right to send you SMSes, e-mails and other types of messages about special offers, campaigns or any further information connected to coBuilder’s products or services.
5.4 Content posted by another person or company on or through the goBIM Online Service belongs to the poster. Except as expressly permitted in this Agreement, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any other Content that does not belong to You, other than viewing of the Content on or through the goBIM Online Service as goBIM Online Service may make available.
5.5 coBuilder in cooperation with other parties own all right, title and interest in and to the goBIM Online Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the goBIM Online Service, and the combination of all the elements on the goBIM Online Service. goBIM Online Service as a whole, its computer code, user interface, non-Client specific content including translations thereof and graphic elements, are all copyrighted works of coBuilder or certain third parties. Various other aspects of the goBIM Online Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
5.6 coBuilder grants You a non-exclusive, revocable and limited right to use the goBIM Online Service solely in accordance with this Agreement. By way of example only, and not limitation, You do not have the right to modify, adapt, translate, or reverse engineer any portion of the the goBIM Online Service or any products accessed through the goBIM Online Service, and You do not have the right to index or aggregate any portion of the goBIM Online Service (either by hand or by means of a robot, crawler, or other device). Nothing in this Agreement will be construed as granting you any rights in the goBIM Online Service or any software products accessed through the goBIM Online Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the goBIM Online Service.
5.7 The whole Product data template and the parts of it available in goBIM, the goBIM API and export files belong to coBuilder AS. This includes the Product data template and its structure and contents including properties, measures, units, descriptions and definitions, as well as the predefined combinations of properties and measures that produce different data outputs available. The translations of the Product data template including properies, measures, units, category names are coBuilder’s property.
The Client shall not grant third parties with any rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display the Product Data Template or parts of it.