Terms and Conditions – ARKANCE LITHUANIA

The Product

ARKANCE LITHUANIA’s Products, presented under the ARKANCE Be.Smart brand, are designed to assist, enable, inspire, and facilitate the work of professionals working in industries related to architecture, design, and construction, and their purpose is to be used by companies and specialists planning and carrying out their commercial/professional responsibilities from the planning, design, and budgeting stages to implementation, fabrication, construction, facility management, and building information data management.

The License Package and Activation Types

The features of the Product available to the User and the terms of use of the Product depend on the activation/subscription type the User has chosen. The extent of User rights is detailed in the License Agreement.

There are 4 types of ARKANCE Be.Smart Product activations, each containing a unique set of features and granting different rights to the User. Depending on which Product activation type is chosen, the User shall have access and the rights enumerated below:

(1) Free trial activation includes:

Software activation for 14 days from the date of trial request.
1 version of the selected product: for either the current or previous version of Revit.
All updates during 14-day activation period.
Technical support during 14-day activation period. (See more on Technical Support below.)

Important Note: This activation type does not include customization of Revit families and configurations, training, or consultation for the User. The latter services are subject to additional payment.

(2) Perpetual license with active Maintenance contract includes:

Software activation for an unlimited time, allowing the User to use the licensed software indefinitely.
3 versions of the selected product — for the previous version of Revit, the current version of Revit, and the upcoming release of Revit — for one workstation while the Maintenance contract is active. The Maintenance contract is valid for 12 months (365 days) and may be renewed before or after its termination.
All updates, only while the Maintenance contract is active.
Technical support, only while the Maintenance contract is active. (See more on Technical Support below.)
Option to migrate from standalone to network license type. Ordering the annual Network Activation Service makes network license type available. (see more on Licensing Options below)

(3) If the Maintenance contract of the above fails to be renewed after 1 year or longer, thus causing the Maintenance contract to become inactive:

Only 1 version of the selected product is available: for the current version of Revit.
No updates.
No technical support.
Option to migrate from standalone to network license type. Ordering the annual Network Activation Service makes network license type available.

“(4) Annual Subscription includes:

Software activation for 12 months (365 days) from the date of purchase.
3 versions of the selected product — for the previous version of Revit, the current version of Revit, and the upcoming release of Revit — for one workstation.
All updates during active Annual Subscription period.
Technical support during initial active Annual Subscription period. (See more on Technical Support below.)
Option to migrate from standalone to network license type. Ordering the annual Network Activation Service makes network license type available.

Licensing Options

ARKANCE LITHUANIA offers standalone Be.Smart product licenses with the option of migrating to network license type.

The User begins by purchasing a standalone license. A standalone license permits the software to be installed on only a single workstation (1 license = 1 computer) without the need to be connected to a company network.

ARKANCE Be.Smart’s optional Network Activation Service allows the User to move any number of standalone licenses onto the company server, allowing for easy and efficient control of software among multiple users.

For a fixed annual fee – applied per server (not per license) – ARKANCE LITHUANIA shall allow any number of standalone licenses owned by the User to be moved onto the company network so that the licenses of Be.Smart Products are eligible for migration onto a company’s network. Read more >>

About ARKANCE LITHUANIA

The Product is supplied to the User by ARKANCE LITHUANIA, UAB, a private limited liability company registered in the Republic of Lithuania, reg. No 220320180.

ARKANCE LITHUANIA may be contacted by calling +370 618 55 671 or e-mailing info@besmart.software or helpdesk@besmart.software.

Use and Integrity of Product

By using the Product the User agrees to be bound by the terms and conditions of ARKANCE’s License Agreement. ARKANCE Be.Smart ’s license allows the User to download and use the Product for the above-described purpose for the term of the license.

The User is not permitted to use the Product for any other purpose or to make it available to others, except the User’s employees or people subordinate to the User who use the Product on devices of the User.

The User is not permitted to in any way tamper with the Product or any of its components, including but not limited to: to download to devices other than hereunder permitted; to in any way share, copy, decode, decompile, or reverse engineer; or to in any way change or amend the Product, data, design, software, codes, or other objects if not expressly permitted by ARKANCE LITHUANIA.

Code of Conduct

When using the Product, the User agrees to the terms of the License Agreement and the requirements of laws and codes of ethics (if any) relating to the User’s industry/profession.

In any case, the User is not permitted to:

use the Product for purposes other than it is designated for;
use the Product in breach of the License Agreement;
use the Product for illegal activities;
infringe upon intellectual property rights of ARKANCE LITHUANIA or third parties;
act in breach of ARKANCE LITHUANIA’s Privacy Policy;
submit fake data/contacts, create fake accounts, or use deceptive or false source-identifying information.

Updates

The Product will be automatically subject to updates/ new versions within the period of the License Agreement (during active Maintenance or active annual subscription contract period). After the License Agreement lapses, ARKANCE LITHUANIA reserves the right to update or not to update the Product at its sole discretion.

Sharing User Information

If the Product features allow the User to share information or any data with third parties, the decision to share is the User’s own, and he/she assumes responsibility for the effects such sharing might have.

Revit Families, Configurations, Customization, Training, and Consultation

Provision of Revit families, Product configuration, Product customization, training, and consultation for the User are not a part of the license package and are provided as separate services for additional fees. For more information, e-mail info@besmart.software.

Technical Support

Technical Support services will be provided within the period of the paid License Agreement (during active Maintenance or active annual subscription contract period). Technical support includes assistance with download, installation, and activation as well as quick tips and fixes for any software issues.

Important Note: Technical Support does not include customization of Revit families and configurations, training, or consultation for the User. The latter services are subject to additional payment.

Technical Support includes assistance by e-mail or phone. The Technical Support team can be contacted either by email at helpdesk@besmart.software or by filling in a support request form. Technical Support is provided on days that are not weekends or holidays in the Republic of Lithuania from 8 a.m. to 5 p.m. Eastern European Time (11 a.m. – 8 p.m. Central Standard Time [North America], 2 p.m. – 10 p.m. China Standard Time). The Technical Support team will respond within 24 hours for small problems and within 48 hour for problems of a more complex nature.

Payments

The User shall make payments for licenses electronically by PayPal, debit or credit card, or bank transfer. Upon the User’s request, ARKANCE LITHUANIA shall issue invoices for such payments in PDF format.

The User’s licenses/ updates will activate when the payment sum has been received and included in ARKANCE LITHUANIA’s bank account. ARKANCE LITHUANIA has the right to suspend or cancel specific services or Product access if respective payments are not received. The financial services for making payments are provided by third parties, and ARKANCE LITHUANIA cannot control and does not assume liability for any defaults in the process.

When the User’s license is subject to automatic renewal, ARKANCE LITHUANIA shall notify the User in advance at the e-mail address provided by the User when the software was activated. If a license is subject to automatic renewals, the User may terminate it by notifying ARKANCE LITHUANIA by e-mail at info@besmart.software 30 days prior to the new license period.

If the User cancels his/her license and refuses to use the Product prior to the expiration of the license term, ARKANCE LITHUANIA shall not refund the User’s payments. Refunds are possible only if they are directly obligatory by applicable law. Note that the Product is designed for professionals, and ARKANCE LITHUANIA assumes it is not dealing with consumers who use the Product for purposes other than what it was created for.

The fees for different Be.Smart products may vary over time. When the User’s software license is subject to automatic renewal, ARKANCE LITHUANIA shall notify the User of the changes in advance at the e-mail address provided by the User when the software was activated.

ARKANCE LITHUANIA does not assume responsibility or obligations related to taxes that may be applicable to the User and can add the charged taxes to the invoices when law so requires.

Intellectual Property

Excepting the User’s right to use the Product under the License Agreement, any and all property rights to the Product, any Revit Families products and/or its components and the intellectual property related to the Product remain with ARKANCE LITHUANIA. This includes copyright, patent, registered and unregistered design, know-how, trademarks, product names, company names, other marks/signs, slogans, domains (names), (rights to) software, programming codes, databases, access data/activation codes/passwords or other industrial or intellectual property, irrespective of the fact whether the objects are registered or not.

If the User creates intellectual property objects when using the Product strictly in line with the License Agreement (such as plans, drawings, etc.), to the extent permitted by law and as far as it can be separated from the Product and not pre-programmed or otherwise pre-determined by it, the User shall be the owner of such object and the rights to it. ARKANCE LITHUANIA shall not handle any matters related to the User’s copyrighted objects or assume any liability for third parties’ copyright infringements the User may make and when using the Product, and the User hereby agrees to indemnify ARKANCE LITHUANIA for any such responsibilities.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODCUT IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND; THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER WARRANTIES OR WARRANTY REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED. The User acknowledges that the Product may contain bugs, its content may be inaccurate, and its operation not always smooth. The Product is supplied with no explicit or implicit warranty, and the User assumes the entire risk of using the Product. The User is also responsible for using it properly, for the safety and confidentiality of the entered data, and for non-infringement of third party rights by the use of the Product. To the full extent allowed by law ARKANCE LITHUANIA also excludes for itself and its suppliers’ any liability, whether based in contract or tort (including negligence), to the User or third parties for incidental, consequential, indirect, punitive, or other damages of any kind, including loss of profits, revenue or savings, or loss of time, opportunity, or data, arising out of or in connection with use of the Product. ARKANCE LITHUANIA will be not cumulatively liable to the User for any amount greater than the amount of the payments under this License Agreement.

Product Data

The User is advised to protect the access data/ activation codes/ passwords provided by ARKANCE LITHUANIA as well as data entered during use of the Product. The User shall be responsible for any unauthorized use of the Product exploiting the above.

The User is advised to make copies of data entered or created when using the Product. ARKANCE LITHUANIA is not legally obliged to save and provide the data to the User after the license term lapses and does not assume liability if the data is for any reason lost or altered.

Personal Data

The User’s personal data will be handled under ARKANCE LITHUANIA’s Privacy Policy that the User approves when placing an order or activating software.

Amendments

These Terms and Conditions may be updated or changed by ARKANCE LITHUANIA. If any update is made, ARKANCE LITHUANIA shall notify the User of the changes by announcing it on the agacad.com website and the News Feed for those registered to receive ARKANCE LITHUANIA’s newsletters. Should the User disagree with updates that materially change his/her rights/obligations hereunder, the User shall be entitled to premature termination; in such a case, the company shall refund the User, proportional to the remaining time of license validity. If the User does not notify ARKANCE LITHUANIA within 7 days from receiving notice of the changes and continues to use the Product, it will be assumed that the User agrees with the amendments.

Termination

The User is free to cease using the Product at any time; however, ARKANCE LITHUANIA shall not refund payments made for commenced license periods (see more on Payments above).

ARKANCE LITHUANIA is entitled to terminate the License Agreement and/or cancel/suspend use of the Product without refund if the User is in breach of either the License Agreement or these Terms and Conditions or ARKANCE LITHUANIA has reason to believe that the User uses the Product illegally.

ARKANCE LITHUANIA has the right, but is not obliged, to notify the User of intended termination and to request the User to remedy the breaches within ARKANCE LITHUANIA’s set term if the User seeks to preserve his/her license.

Disputes

Any complaints, arguments, and disputes concerned with the License Agreement or the Product shall be solved amicably by ARKANCE LITHUANIA contacting the User (or vice versa) via the e-mail address the User provided when activating the software.

Should it turn out impossible to find an amicable solution within 30 (thirty) calendar days from the date when ARKANCE LITHUANIA notified receipt of the User’s complaint or when it sends complaint to the User, the dispute will be solved in the competent state court of the Republic of Lithuania of the registered office address of ARKANCE LITHUANIA.

User’s Contact Details

The contact details the User provides to ARKANCE LITHUANIA when activating the software will be considered valid and suitable for notifying the User on any matters related to the Product or the license unless the User specifically notifies ARKANCE LITHUANIA of any changes.

Complaints and Feedback

Opinions and comments regarding the above Terms and Conditions may be sent to info@besmart.software.