Third Party Terms that apply to Autodesk Green Building Studio Service Offering
19. SPECIAL TERMS FOR DOE 2.2 MODULE.
The following special terms apply to
the DOE 2.2 Module:
19.1 Warranties.
The DOE 2.2 Module is provided as is
and without warranty of any kind at all. All express and implied warranties,
including the implied warranties of merchantability, fitness for a particular
purpose and non-infringement of third party intellectual property rights
are expressly disclaimed. The United States, United States Department
of Energy, The Regents of the University of California, James J. Hirsch
and Autodesk, Inc., and their employees, contractors and other suppliers
do not assume any liability for accuracy, completeness, or usefulness
of the DOE 2.2 Module, or any accompanying information or products.
In no event shall the United States, the United States Department of
Energy, The Regents of the University of California, James J. Hirsch,
Autodesk, Inc. and their employees, contractor or other suppliers, be
liable for any kind of damages whatsoever, even if notified of the possibility
of such damages. The entire risk arising out of use of the DOE 2.2 Module
remains with Customer and its Users.
19.2 Indemnification.
Customer and its Users agree to hold
harmless, indemnify, and defend James J Hirsch, The Regents of the University
of California, the United States Government, Autodesk, Inc. and their
employees, contractors, and other suppliers from any losses, damages,
fines, expenses, and attorneys' fees and costs arising out of or related
to Customer’s or its Users’ use of the DOE 2.2 Software.
19.3 DOE Designation.
Use of the "DOE" designation
in the DOE 2.2 Module does not imply endorsement or recommendation by
the United States Government. Reference to any specific commercial products,
process, or service by trade name, trademark, manufacturer, or otherwise,
does not constitute or imply its endorsement, recommendation, or favoring
by James J Hirsch, the United States Government, The Regents of the
University of California or any of their contractors, or suppliers.
19.4 Restricted Rights.
The DOE 2.2 Module is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software
Restricted Rights at 48 CFR 52.227-19. The Government is granted for
itself and others acting on its behalf a nonexclusive, paid-up, irrevocable
worldwide license in this computer software to reproduce, prepare derivative
works, and perform publicly and display publicly, by or on behalf of
the Government.
20. SPECIAL TERMS FOR GOOGLE MAPS.
20.1 Google Maps Terms of Use.
Customer’s and Users’ use of
the Autodesk Green Building Studio Solutions is further subject to Google
Inc.’s Terms of Service for Google Maps set forth at the following
URL: http://maps.google.com/help/
20.2 Google Maps Legal Notices.
The legal notices set forth at the following
URL supplement the terms and conditions of this TOU, and are binding
on the Customer and Users: http://www.maps.google.com/
21. SPECIAL CREDIT FOR CHARTDIRECTOR.
This software is based in part on the work of the Independent JPEG Group
This software is based in part of the
work of the Freetype Team
22. SPECIAL TERMS FOR ENVIRONMENT
CANADA DATA.
License Agreement for Use of Environment
Canada Data
LIMITED USE SOFTWARE AND DATA PRODUCT
LICENSE AGREEMENT
GRANT OF LICENSE - The Government of
Canada (Environment Canada) is the owner of all intellectual property
rights (including copyright) of the Environment Canada software and
data product. You are granted a limited, non-exclusive, non-assignable
and non-transferable license to use this software and data product subject
to the terms below. This license is not a sale of any or all of the
owner's rights. This product may only be used by you, and you may not
rent, lease, lend, sub-license or transfer the data product or any of
your rights under this agreement to anyone else, except under the following
terms and conditions.
REDISTRIBUTION RESTRICTIONS - You are
authorized to further distribute the data or software, including any
portion of it, contained in this product under the following conditions
only. No fee will be charged explicitly for this Environment Canada
product to any party to whom it is distributed. (Charges for value-added
services are permitted.) Environment Canada is accredited as the source
of the product that is distributed. In the case of redistribution via
the Internet, an approved Environment Canada logo is presented at the
point of access to the product. Redistribution must occur so that any
other party must agree to the same redistribution restrictions before
use of the redistributed product is allowed.
NO WARRANTIES - Environment Canada does
not warrant the quality, accuracy, or completeness of any information
or data. Such information and data is provided "AS IS" without
warranty or condition of any nature. Environment Canada disclaims all
other warranties, expressed or implied, including but not limited to
implied warranties of merchantability and fitness for a particular purpose,
with respect to the software, the data retrieved from this product,
and any accompanying materials.
RESTRICTION AND LIMITATION OF LIABILITY
- In no event shall Environment Canada be liable for any other damages
whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or other
pecuniary loss) arising out of the use of, or inability to use this
Environment Canada product, even if Environment Canada has been advised
of the possibility of such damages. In any case, Environment Canada's
entire liability under any provision of this agreement shall be limited
to the amount actually paid by you for the data product.
RESPONSIBLE USE - It is YOUR RESPONSIBILITY
to ensure that your use of this product complies with these terms and
to seek prior written permission from Environment Canada and pay any
additional fees or royalties, as may be required, for any uses not permitted
or not specified in this agreement.
ACCEPTANCE OF THIS AGREEMENT - Any use
whatsoever of the Environment Canada Data software and data product
shall constitute your acceptance of the terms of this agreement.
FURTHER INFORMATION - For further information,
please contact:
Meteorological Service of Canada
National Archives and Data Management Branch,
4905 Dufferin Street,
Downsview, Ontario
M3H 5T4
Tel: (416) 739-4328
Fax: (416) 739-4446
23. ACKNOWLEDGEMENTS OF
National Oceanic and Atmospheric Administration/National Climatic
Data Center Data Usage.
Autodesk Green Building Studio wishes
to acknowledge the source of rainwater data, provided free of charge,
by the National Oceanic and Atmospheric Administration/National Climatic
Data Center (NOAA/NCDC).
24. Special Credit for Highcharts
Portions relating to Highcharts are © 2010-2013 Highsoft AS and made available under license from Highsoft AS.
