Agreement: The Cobuilder Platform Agreement includes the Frontpage (in a written agreement), the Customer Registration page (in the online registration module), Cobuilder Standard Terms and Conditions as published at any time on www.cobuilder.com, and the appendices.
Cobuilder API: The Application Programming Interfaces made available to the Customer by Cobuilder on the terms and conditions as stated in this Agreement. The Cobuilder API consists of technology, which may include object code, software libraries, software tools, sample source code, published specifications, and documentation. The Cobuilder API includes any future, updated, or otherwise modified version(s) thereof furnished by Cobuilder in its sole discretion to the Customer. The Cobuilder API may enable the Customer with its authorised End-Users to use the rest of the Cobuilder Platform, including providing the End User with access to Content such as product information, product data, product properties, and document files stored on Cobuilder`s servers as well as metadata for these – such as names, the revision date of documents, identifiers of products and other data stored in Cobuilder`s databases.
Cobuilder Platform: The standard products developed by Cobuilder and delivered as Software as a Service to the Customer including any End-User, and such products may be Cobuilder Collaborate, Cobuilder Supply (prev. goBIM), Cobuilder Connect as well as Cobuilder API, Cobuilder APP and other Cobuilder Background like DefineTM.
Cobuilder’s Background: Any data, know-how or information – whatever its form or nature (tangible or intangible), including any rights such as intellectual property rights (IPR) – that is held by Cobuilder before acceding to this Agreement. The Cobuilder Background includes all the existing software solutions owned by Cobuilder when entering into this Agreement, and any updates later done of these solutions. The Cobuilder Background includes the Cobuilder’s Platform and the end-product of the Cobuilder’s Platform or other products or functionality developed by Cobuilder based on the IPR held by Cobuilder before this Agreement was entered into or other development by Cobuilder regarding the standard Platform, as well as all the Cobuilder’s proprietary processes, algorithms, software, computer programs, plugins, documents, designs, flowcharts, schematics, techniques, know-how, methods, processes, procedures, improvements, hardware, products, devices, discoveries or inventions, whether or not an IPR, and whether or not reduced to practice. For purposes hereof, any third-party licensed materials shall, except to the extent sublicensed to the Customer, be deemed Cobuilder’s Background. Changes to the Cobuilder’s Background made in the performance of the Agreement shall inure to the benefit of Cobuilder and be deemed Cobuilder’s Background (excluding any of the Customer’s Materials to the extent incorporated therein).
Commercial Use: Commercial use is defined as any presentation, derivation, or application of Cobuilder Background in a derivative product or resource with the intention to generate revenue by selling this to any third party. “Revenue” is not limited to direct financial gains and may also include indirect gains that may accrue from such an application, such as providing a service or application without fee that helps to market or position an organization or individual by association.
Customer: The legal entity purchasing the Services from Cobuilder, i.e. the company that signs this Agreement or the company identified on the Frontpage or in the Customer page in the online registration module. The Customer decides how many End Users will have the possibility to use the Services from Cobuilder on behalf of the Customer.
Customer’s Material: The Customer’s formulas, patterns, programs, software, algorithms, devices, methods, prototypes, demonstrations, techniques, or other materials, including any of the Customer’s IPRs or any other trade names, logos, or data.
Customer Data: All data about the Customers own business, products, projects and associated data e.g the values of properties uploaded or otherwise added to the Cobuilder platform by the Customer/End-User, or by Cobuilder upon request by the Customer/End user.
Data dictionary: A Data dictionary enables the Customer to create relationships between concept types making up ontologies defining various functions of buildings, infrastructure, products, systems, rooms within the construction industry.
Data template (DT): A common data structure describing the characteristics (called ‘properties’) of a construction object, and its physical qualities, according to a credible source of information – be it a standard or regulation.
End-User: A physical person using the Services from Cobuilder who is;
- authorized to use these Services on behalf of the Customer subject to the terms of the Cobuilder Platform End User License Agreement because of a subscription and having been supplied user identifications and passwords.
- accessing a public page published by the Customer or Cobuilder without having a subscription.
Any End User is obliged to accept the Cobuilder Platform End User License Agreement, which shall become a binding part of this Agreement.
Frontpage: The additional written document explaining who the Customer is, the contact persons of the Parties, the Services and Products ordered, Effective date of the Agreement as well as other terms and conditions not covered by these general terms and conditions or other appendices to the Agreement.
Internal Use: Means use by the Customer’s employees as part of the execution of work tasks for the Customer.
License Fee: The prepaid fixed subscription fee to be paid by the Customer to Cobuilder for use of the Platform.
Party/Parties: Cobuilder or/and the Customer including any End User.
Services: The other services than those covered by the License Fee which the Parties have agreed and specified that Cobuilder shall deliver to the Customer.