The following statement sets out the Terms and Conditions for accessing and using the RIBA Enterprises Limited ("RIBAE", "We", "Us") National BIM Library. By accessing or using the National BIM Library, you are indicating that you agree to be bound by these Terms and Conditions.
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions you will not be able to access the National BIM Library.
1.Definitions and interpretation
1.1 The definitions in this clause apply to these Terms and Conditions.
“BIM”means building information modeling.
“National BIM Library” means the online database of BIM Objects and related Content wholly owned, maintained and managed by RIBAE. Together this Content constitutes an online National Library of BIM Objects and represents a key information resource for the construction industry referenced to the latest NBS uniclass work section table classification system.
“BIM Object” means a digital file in a format that is fully compatible with and part of the National BIM Library and which contains information about a real-world physical building component (e.g. wall, window, door) or material (e.g. concrete block, glazing pane, fixing) that is used in the construction process. Each BIM Object file may include content defining any of its three-dimensional geometry; any of its physical and aesthetic properties and behaviour; any of its specification, construction and facilities management properties; and any of the relationships and constraints that describe the equivalent real-life physical component or material.
“Content” shall include BIM Objects and shall mean all human and machine readable data retained, maintained and displayed in the National BIM Library by RIBAE.
“Contract” means the contract between you and us which governs the access to and use of the National BIM Library and its Content in accordance with these Terms and Conditions.
“Intellectual Property Rights” means the patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, 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 secrets) 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.
“NBS” means the National Building Specification, a suite of products and services produced, maintained and distributed by RIBAE. The NBS products and services are available in many forms such as digital, magnetic media, online and paper. The NBS product range and brand are solely and wholly owned by RIBAE.
1.2 Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
1.3 A reference to a company includes any company, corporation or other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A reference to any party includes that party's personal representatives, successors or permitted assigns.
1.7 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.
1.8 A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision.
1.9 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.
1.10 Any obligation in these Terms and Conditions not to do something includes an undertaking not to allow that thing to be done.
2. Information about us
RIBAE means RIBA Enterprises Limited, a company registered in England and Wales under company number 978271. Its registered office is at 15 Bonhill St, London EC2P 2EA.
3. ACCESSING AND USING THE NATIONAL BIM LIBRARY
3.1 Access to and use of the National BIM Library is free of charge.
3.2 By accepting these Terms and Conditions, you warrant that if acting for a corporate entity, you are legally capable of entering into a binding contract on its behalf.
3.3 You warrant that your use of the National BIM Library or the Content:
- will not infringe the Intellectual Property Rights of any third party;
- will not be defamatory, libellous, obscene or otherwise unlawful;
- will not violate any applicable law, statute or subordinate legislation; and
- will not, to the best of your knowledge and belief, contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All of the Intellectual Property Rights in the Content including all of the Intellectual Property Rights in the National BIM Library are and shall remain at all times, solely and exclusively, the property of RIBAE. All such rights are reserved. You shall acquire no rights in the National BIM Library or the Content except as expressly provided for in these Terms and Conditions.
4.2 Without prejudice to the generality of clause 4.1 RIBAE and NBS, the RIBAE and NBS logos, and all other RIBAE, NBL and NBS trademarks, product names, and trade names of RIBAE, NBL and NBS appearing in the National BIM Library and/or the Content are owned by RIBAE. All other trademarks, product names, and logos appearing in the National BIM Library and/or the Content are the property of their respective owners.
4.3 You undertake to ensure that any advertising and marketing of the National BIM Library and/or the Content shall not reduce or diminish the reputation, image and prestige of the National BIM Library and/or the Content, or that of RIBAE.
5. THE NON-EXCLUSIVE LICENCE
5.1 By accepting these Terms and Conditions, RIBAE grants you a non-transferable, non-exclusive licence to use the National BIM Library. Such use is subject to these Terms and Conditions.
5.2 You shall not grant sub-licences, in whole or in part, of any of the rights granted under these Terms and Conditions, or sub-contract any aspects of exploitation of the rights licensed to it, without RIBAE’s prior written consent. Whether to grant consent or not shall be a matter for RIBAE’s absolute discretion in all circumstances.
5.3 Subject to compliance in full with these Terms and Conditions, you may reproduce part or parts (related to individual BIM Objects but not a material proportion) of the National BIM Library either alone or in conjunction with your own material;
- for the purposes of your own personal use where that personal use is not for any commercial or profit making purpose; or
- for use by educational institutions and their students for educational purposes only; or
- for inclusion in any drawings or contract documents used or intended to be used in connection with a building contract where you are or may become a contracting party, or in connection with which you are engaged or may be engaged in the future by one of the contracting parties in a professional capacity;
but not otherwise.
5.4 By accepting these Terms and Conditions, you irrevocably agree that:
- You may not use the National BIM Library for the purpose of developing and/or maintaining for yourself or for others, an alternative service provision which either directly or indirectly competes with the National BIM Library or in some other way serves the same or a similar purpose as the National BIM Library;
- Save within your user desktop and using functionality expressly provided within the National BIM Library for the uses permitted under 5.3 you may not use, copy, decompile, disassemble, adapt, merge, translate, reverse engineer, or in any way modify the National BIM Library, nor make available the National BIM Library in any form, nor assist any other person to do any of the aforementioned acts, either in whole or part, to any third party except as expressly agreed with RIBAE in advance in writing, there being no presumption that RIBAE should in any way be required to agree; and
- You may not sell, assign, transfer, rent, sublicense, loan, mortgage, charge or otherwise deal in any way in the National BIM Library or any interest in it, except as expressly agreed with RIBAE in advance in writing, there being no presumption that RIBAE should in any way be required to agree.
6. Our liability
6.1 RIBAE shall not 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 you as a result of any action brought by a third party even if such loss was reasonably foreseeable, or that RIBAE had been advised of the possibility of you incurring the same. Notwithstanding that all warranties are hereby excluded to the fullest extent permitted by law, in the event that RIBAE is found to be liable in damages for breach of contract (however caused) then RIBAE’s total liability shall not in any circumstance exceed £1,000.
6.2 Subject in all respects to the other provisions of this clause 6 RIBAE’s entire liability in respect of any single event of default shall be limited to damages of an amount equal to £1,000,000 in respect of your tangible property resulting from the negligence of RIBAE or its employees, agents or subcontractors
6.3. RIBAE shall not be responsible for loss occasioned to any person acting or refraining from action as a result of using the National BIM Library in accordance with the performance of this Contract.
6.4. For the avoidance of doubt, RIBAE shall not be liable for any loss resulting from, or in any way arising out of or in connection with, your or any other third party’s:
- inappropriate use of the Content or of the National BIM Library;
- failure to exercise reasonable levels of due care and attention when using the Content or the National BIM Library; or
- failure to exercise reasonable levels of professional skill and competence when using the Content or the National BIM Library.
6.5 Nothing in these Terms and Conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7. Written communications
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to RIBA Enterprises Limited at 15 Bonhill Street, London, EC2P 2EA.
9. Transfer of rights and obligations
9.1 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.2 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it at any time.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 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 for war;
- fire, 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;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
10.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.1 If we fail to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
11.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 8 above.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of the Contract are 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. Entire agreement
13.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the Contract.
13.2 We each acknowledge that, in entering into the Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
13.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
13.4 Nothing in this clause limits or excludes any liability for fraud.
14. Our right to vary these terms and conditions
We have the right to revise and amend these Terms and Conditions from time to time.
15. NO PARTNERSHIP
Nothing in these Terms and Conditions shall be deemed to constitute a partnership between you and us nor, except as expressly set out in these Terms and Conditions, constitute either party the agent of the other party for any purpose.
16. Law and jurisdiction
This Contract will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Third party rights
A person who is not party to these Terms and Conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.