HomeMy WebLinkAbout20250953.tiffConiva -11*97-1 O
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Biuebeam MSA and license extension
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose R.4?".
DATE: MM.
Brief description of the problem/issue:
BlueBeem software is used by the Planning Department (and limited other departments) as a PDF markup and collaboration tool that Is especially
useful during plan review. The Planning Department is requesting additional licenses, and we have worked with BlueBeam to put together a packet of
all of their Terms and Conditions for comprehensive record. This has been reviewed by Planning, and needed funds are included In the FY25 Budget.
What options exist for the Board?
1) Approve MSA and license expansion
2) Schedule work session
Consequences:
Operationally critical software
Impacts:
If not purchased, Planning will need to find a different tool for their operational requirements
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
$1,516.69 initial investment. Future reneals will be budged for in annual budget requests.
Recommendation:
It is the recommendation of the IT and Planning Departments to approve this MSA and purchase.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
C orre-n+ Iv)8)a--
(}n/2s
Support Recommendation Schedule
Place oCC Agenda Work Session Other/Comments:
-12
2025-0953
Cc: or)ba%e ?Lo013
4nizs 1T -00l3
�] BLUEBEAM.
A NEMETSCHEK COMPANY
Bluebeam, Inc.
443 S. Raymond Ave.
Pasadena, California 91105-2630
United States
1-866-496-2140
Bluebeam RepreseMative: Shannon Sin
Email: ssin@bluebeam.com
Bill To:
Weld County Information and
Technology
1150 0 Street
Greeley, CO 80631
US
Ship To:
Weld County Information and
Technology
1150 0 Street
Greeley, CO 80631
US
Item Description
Basics
PDF markup solution for essential AECO
document and drawing management and
back -office use.
Currency: USD
Payment Method: Purchase Order
(PO)
Payment Terms: Net 30
Billing Contact Email:
billing.it@weldgov.com
Qty
I..ist Price
S216.67
Quote
Generated: 11 Mar 2025
Quote #: Q-1251419-1
Expires: 10 Apr 2025
Type: Quote
Delivery/Subscription
Start Date: 17 Mar 2025
End Date: 31 Dec 2025
Net Price Amount
S216.67 S1,300.02
Subtotal:
S1,300.02
*Total Tax:
$0.00
Total: $1,300.02
*Taxes are estimated on Quote and will be adjusted, if needed, on Customer invoice.
Terms of Use:
1 This Bluebeam Quote ("Quote") together with Bluebeam's General Terms and Conditions of Use and Bluebeam's Products
and Services Addendum found at http://www.bluebeam.com/Legal/ (collectively the "Terms and Conditions") incorporated
herein by this reference, form the contract governing Customer's access to and use of Bluebeam Software and Services
described above unless a separate written agreement governing this purchase has been executed between the parties in
which case the Quote and that separate written agreement shall govern (in either case, the "Agreement"). The Agreement
contains, among other things, warranty disclaimers, liability limitations and use limitations.
2 There shall be no force or effect to any terms in a customer issued purchase order or similar form even if signed by the
parties. Acknowledgement by Bluebeam of Customer's purchase order shall not constitute acceptance of any pre-printed
and/or referenced provisions included therein. Capitalized terms not defined in this Quote have the meanings assigned in the
Agreement. This Quote shall govern to the extent of any conflict with the Agreement.
3 Upon signature of the Quote by Customer and submission to Bluebeam, the parties hereby enter into the Agreement, which
constitutes a binding contract between Customer and Bluebeam unless rejected by Bluebeam because the signatory does
not have authority to bind the Customer, changes have been made to the Quote (other than completion of included form
fields and request for information), or the Quote information is incomplete according to Bluebeam's records. The
undersigned representative of Customer represents they have read, understand, and accept on behalf of Customer, as a duly
authorized representative, this Agreement in its entirety. The English language version of these terms governs.
Additional Notes:
6 New Basics subscriptions pro -rated and co -termed to FY 12/31/2025
Bluebeam. Inc.
Bluebeam Signature:
Customer Signature:
Name: Neil Yekell
Name: Pe L. Buck
Title: Chief Financial Officer
Title: Chair, Board of Weld County Commissioners
Date: 11 Mar 2025
Date
APR 0 7 2025
PO Number:
Weld County Information and Technolo
Attest: .
Esther E. Gesick, Clerk to the Board
By:
Deput IC erk to the Board
To purchase off this quote, please return the signed quote to billing@bluebeam.com to receive an invoice. Purchase orders that integ
this quote and its terms in its entirety are acceptable instead of a signed quote; the PO must accompany the quote on submission of the
order. An invoice will be sent to the Billing/AP contact specified. For payment instructions, refer to banking details on invoice once received.
2 o25-0053
■ BLUEBEAM
A NEMETSCHEK COMPANY
Bluebeam, Inc.
443 S. Raymond Ave.
Pasadena, California 91105-2630
United States
1-866-496-2140
Bluebeam Representative: Shannon Sin
Email: ssin@bluebeam.com
Bill To:
Weld County Information and
Technology
1150 O Street
Greeley, CO 80631
US
Item
Ship To:
Weld County Information and
Technology
1150 O Street
Greeley, CO 80631
US
Currency: USD
Payment Method: Purchase Order
(PO)
Payment Terms: Net 30
Billing Contact Email:
billing.it@weldgov.com
Quote
Generated: 11 Mar 2025
Quote #: Q-1251424
Expires: 10 Apr 2025
Type: Quote
Delivery/Subscription
Start Date: 17 Mar 2025
End Date: 31 Dec 2025
Description Qty List Price Net Price Amount
Basics PDF markup solution for essential AECO
document and drawing management and
back -office use.
$216.67
$216.67 $216.67
Subtotal:
$216.67
*Total Tax:
S0.00
Total: $216.67
*Taxes are estimated on Quote and will be adjusted, if needed, on Customer invoice.
Terms of Use:
1 This Bluebeam Quote ("Quote") together with Bluebeam's General Terms and Conditions of Use and Bluebeam's Products
and Services Addendum found at http://www.bluebeam.com/Legal/ (collectively the "Terms and Conditions") incorporated
herein by this reference, form the contract governing Customer's access to and use of Bluebeam Software and Services
described above unless a separate written agreement governing this purchase has been executed between the parties in
which case the Quote and that separate written agreement shall govern (in either case, the "Agreement"). The Agreement
contains, among other things, warranty disclaimers, liability limitations and use limitations.
2 There shall be no force or effect to any terms in a customer issued purchase order or similar form even if signed by the
parties. Acknowledgement by Bluebeam of Customer's purchase order shall not constitute acceptance of any pre-printed
and/or referenced provisions included therein. Capitalized terms not defined in this Quote have the meanings assigned in the
Agreement. This Quote shall govern to the extent of any conflict with the Agreement.
3 Upon signature of the Quote by Customer and submission to Bluebeam, the parties hereby enter into the Agreement, which
constitutes a binding contract between Customer and Bluebeam unless rejected by Bluebeam because the signatory does
not have authority to bind the Customer, changes have been made to the Quote (other than completion of included form
fields and request for information), or the Quote information is incomplete according to Bluebeam's records. The
undersigned representative of Customer represents they have read, understand, and accept on behalf of Customer, as a duly
authorized representative, this Agreement in its entirety. The English language version of these terms governs.
Additional Notes:
1 New Basics pro -rated and co -termed to FY 12/31/2025
Bluebeam, Inc.
Bluebeam Signature:
Customer Signature:
Name: Neil Yekell
Name: P y L. Buck
Title: Chief Financial Officer
Title: Chair, Board of Weld County Commissioners
Date: 11 Mar 2025
Date
APR 0 7 2025
PO Number:
n........ 4,4.. 1 , ;1)k . ,st.<.1 �
/1 S
Weld County Information and Technolo
Esther . Gesick, Clerk to the Board
By:
Deputy Clerk to the Boar
To purchase off this quote, please return the signed quote to billing@bluebeam.com to receive an invoice. Purchase orders that integrate
this quote and its terms in its entirety are acceptable instead of a signed quote; the PO must accompany the quote on submission of the
order. An invoice will be sent to the Billing/AP contact specified. For payment instructions, refer to banking details on invoice once received.
2oZ5 -0,453
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-ACBFBEFE733C
BLUEBEAM
GENERAL TERMS AND CONDITIONS OF USE
As of February 22, 2024
Archived Agreements
IMPORTANT —READ CAREFULLY PRIOR TO PURCHASING BLUEBEAM'S SERVICES AND/OR SOFTWARE.
THESE GENERAL TERMS AND CONDITIONS OF USE ("GENERAL TERMS"), ALL APPLICABLE ADDITIONAL TERMS, AND THE ORDER
REGARDLESS OF FORM (COLLECTIVELY, "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUEBEAM ("BLUEBEAM"
OR "WE" OR "OUR"). THE "ORDER" IS ANY METHOD THROUGH WHICH YOU ORDER SERVICES AND SOFTWARE FROM BLUEBEAM
AND INCLUDES, BUT IS NOT LIMITED TO A QUOTE, ORDER FORM, PROPOSAL, STATEMENT OF WORK, ONLINE TRANSACTION, OR
VERBAL ORDER PLACED TELEPHONICALLY. YOU ALSO INCLUDES VARIATIONS OF THE TERM SUCH AS YOUR AND YOURS. BY
ACCEPTING THESE TERMS, WHETHER BY CHECKING A BOX ONLINE, EXECUTING AN ORDER, OR USING THE SERVICES OR SOFTWARE,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ACCEPT THE TERMS ON BEHALF OF YOURSELF
OR THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE PURCHASING ("ENTITY"), WHICHEVER IS APPLICABLE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE POWER AND
AUTHORITY TO BIND SUCH ENTITY. IN THIS CASE THE TERM "YOU" OR YOUR SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE
SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS DO NOT PURCHASE, DOWNLOAD, INSTALL, OR OTHERWISE USE THE
SOFTWARE OR SERVICES.
The General Terms govern Your use of Bluebeam's websites, support services, training services, and consulting services (the "Services")
and any Bluebeam software applications purchased by You, whether provided as part of the Services, made available for download,
or software as a service accessed via the internet (the "Software"), and any other content or other materials that Bluebeam makes
available to You or that You may license from Bluebeam. If You have entered into another negotiated agreement with Bluebeam for
Services or Software that references the Terms, then that negotiated agreement will control where it conflicts with these Terms.
Additional Terms
As applicable, Bluebeam's Services and Software are subject to one or more of the additional terms below ("Additional Terms"),
each found at https://www.bluebeam.com/Legal/a based on the Services and/or Software purchased. If there is a conflict between
the Order and the General Terms or the Additional Terms, the Order shall govern. If there is a conflict between the General Terms
and the Additional Terms, the Additional Terms govern in regard to those particular Services and/or Software only. If there is conflict
between the Terms and agreements published in the Software, these Terms govern and supersede the agreement in the Software in
its entirety. All capitalized terms not otherwise defined herein shall have the meaning given in the below Additional Terms.
Bluebeam Products and Services Addendum
Bluebeam Privacy Policy
Bluebeam Data Processing Addendum
Code of Conduct
1. Intellectual Property Notice and Reservation of Rights
You acknowledge and agree that the Services and Software provide a right of use, right of access or are licensed, not sold. For clarity,
all references in the terms to "sale", "selling" or "purchase" of the Services and/or Software means the sale and/or purchase of a right
of use, right of access, or a license to the Services and/or Software as further described in the Bluebeam Products and Services
Addendum or other applicable document. Nothing in the Terms, nor Your use of the Services or Software, shall constitute a sale or
transfer of any copyright, trademark, trade dress, trade secret rights, moral right, patent (whether pending or issued) or trade secret
right in or to the Services or Software (collectively the "Intellectual Property Rights").
1.1. Services and Software. All right, title and interest in and to the Intellectual Property Rights of the Services and Software
not expressly granted in the Terms are reserved by Bluebeam. Documentation, training materials, and specifications for
the Services provided or Software licensed or subscribed to by You("Documentation") are protected by patent, copyright
and/or other intellectual property laws of the United States, other countries and by international treaty provisions. You
agree to take no actions that would interfere with Bluebeam's Intellectual Property Rights.
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 1 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A506-ACBFBEFE733C
1.2. Open Source. The Services and Software may contain open source software or other third -party software or content. The
license terms for open source software and information on obtaining access to the source code to which You may be
entitled under the applicable open source licenses will be provided upon request.
1.3. Your Content. All right, title, and interest in and to the Intellectual Property Rights of electronic data or information
submitted to Bluebeam by You while using a Service or Software ("Your Content") shall be retained by You and may be
protected by applicable copyright or other intellectual property laws. Bluebeam will not access, view, or download Your
Content, except as reasonably necessary to perform, maintain, or improve the Services or the Software, including without
limitation: (a) to identify, investigate, respond to or resolve technical support inquiries and problems with the Services; (b)
to conform to any legal requirements; (c) to maintain any software or hardware required to perform the Services or deliver
the Software; (d) to enforce these Terms; (e) to improve the Services or Software, (f) to do discovery and analysis for
consulting or training engagements; (g) to analyze and report on usage, or (h) to host and provide access to Services and
Software functions. Your Content accessed by Bluebeam will be kept confidential and handled according to applicable
laws and regulations. You acknowledge that Bluebeam's technical and support teams are located throughout the world
and that certain Services may require access of Your Content from Bluebeam's personnel located outside of your country
of residence. You provide Bluebeam a limited license to access, use, transmit and store Your Content only for the purpose
of maintaining, supporting, and improving the Services and Software or removing Your content due to a breach of these
Terms. Subject to the limited licenses granted herein, Bluebeam acquires no right, title or interest from You under these
Terms in Your Content.
1.4. Suggestions. If You provide Bluebeam with any suggested improvements to the Services or Software, then that suggestion
is provided "as is" and unrestricted. No suggestion will be deemed the Confidential Information of You. You grant
Bluebeam a nonexclusive, perpetual, irrevocable, royalty free, worldwide license, with rights to transfer, sublicense, sell,
use, reproduce, display, and make derivative works of such suggestions.
1.5. Restrictions. Except where Bluebeam is required to permit such activity under the terms of an applicable open source
license or applicable law or as provided in the Terms, You may not and are restricted from the following in regard to
Bluebeam's Intellectual Property Rights, Services, and Software:
1.5.1. Use any software, hardware or other services (i) to bypass any of the terms, conditions or restrictions set forth herein
or any application technology restrictions; or (ii) to modify the number of devices, users or seats that access or utilize
the Services or Software outside of the validly licensed number of each, including for purposes of "multiplexing,"
"pooling," or "virtualization" (i.e., the validly licensed devices, users or seats must equal the number of distinct inputs
to the multiplexing or pooling software or hardware "front end");
1.5.2. Modify or create any derivative works based on Bluebeam's Intellectual Property Rights, including customization,
translation, or localization of Software; (ii) Bluebeam training or consulting materials; or (iii) decompile, disassemble,
reverse engineer, or otherwise attempt to derive the source code of the Services or Software, or in any way ascertain,
decipher, or obtain the communications protocols for accessing the Services or Software, or the underlying ideas or
algorithms (e.g., in an effort to develop other applications or services that provide similar or substitute or
complimentary functionality to the Services or Software), except where such activity is permitted by applicable law;
1.5.3. Redistribute, encumber, sell, resell, rent, lease, sublicense, loan, assign, commercialize or otherwise transfer rights to
the Services or Software or make any similar commercial use of the Services or Software, except where such activity
is permitted by applicable law. Each license or right of access is unique to You and may not be resold in any manner
to third parties unless expressly authorized by Bluebeam;
1.5.4. Benefit from the Services or Software via a facility management, timesharing, services bureau or other arrangement
or allow a third party (including, without limitation, parent, affiliates, subsidiaries, employees or agents) to so benefit;
1.5.5. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels; or
1.5.6. Use the Software in an attempt to or in conjunction with, any device, program or services designed to circumvent
technological measures employed to control access to, or the rights in, a content file or other work protected by the
copyright laws of any jurisdiction.
2. The Basics
2.1. User ID.
To use Bluebeam's Software, You will be required to sign up for an account and select a password and user -name ("User ID"). A User
ID may also be created by Your administrator. If You are using a User ID assigned by an administrator, different or additional terms
may apply and the administrator may be able to access or disable Your User ID. You promise to provide Bluebeam with accurate,
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 2 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A506-ACBFBEFE733C
complete, and updated registration information about Yourself. You may not select as Your User ID a name that You don't have the
right to use, or another person's name with the intent to impersonate that person, or create a generic User ID not assigned to an
Authorized User as further described in the Product and Services Addendum. Some Software may require additional accounts to
access and are governed by these Terms. Each will have a User ID.
You are solely responsible for any and all activity that occurs under Your User ID. Bluebeam shall have no responsibility with regard
to the use, disclosure, or management of Your User ID, information or any content accessed, uploaded, processed or exchanged
through Your User ID. You are responsible for (a) keeping Your User ID information confidential; (b) promptly notifying Bluebeam of
any suspected or unauthorized use of Your User ID; (c) disclosure of Your password to any third person/party; and (d) protecting the
security of Your account.
All users (including, without limitation, customers, potential customers, end -users, and visitors to Bluebeam's websites and events)
are required to comply with the following Acceptable Use Policy to protect Bluebeam and its customers from illegal, irresponsible, or
disruptive activities.
2.2. Acceptable Use Policy.
All users of Bluebeam's Services and Software must abide by Bluebeam's Acceptable Use Policy. When using Bluebeam's Services
and Software, You agree that neither You nor any of Your users will not (and You will not encourage, create or facilitate the ability of
other users or third parties to):
2.2.1. upload, post, store or otherwise transmit any documents (regardless of format, pdf, Word, Excel, text, etc.), images
(regardless of format, jpeg, tiff, gift, etc.), files or personal information that violates, misappropriates, or infringes, in
any way, upon the rights of others, which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
obscene, profane, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or
which encourages conduct that would constitute a criminal offense, or otherwise violate any law;
2.2.2. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or
entity;
2.2.3. abuse, stalk, defraud or otherwise harass or disparage any person or entity, including Bluebeam or any Bluebeam
employee, or advocate prejudice or hatred against any person or entity based on their race, religion, ethnicity, sex,
gender identify, sexual preference, disability or impairment;
2.2.4. upload, post, store or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk
mail, chain letters, pyramid schemes or other forms of solicitation;
2.2.5. send altered, deceptive or false source -identifying information, including spoofing and phishing;
2.2.6. upload, post, store or otherwise transmit any content of any kind that contain software viruses, malicious code,
harmful materials, or any other computer code or programs designed to interrupt, destroy or limit the functionality
of any software or hardware, including without limitation the Services and Software;
2.2.7. interfere or attempt to interfere in any manner with the proper working of Bluebeam's Services or Software,
including without limitation, breach or otherwise circumvent any security or authentication measures;
2.2.8. probe, scan or test the vulnerability of Bluebeam's products or services;
2.2.9. violate any applicable local, state, national or international law, including without limitation all applicable export laws
and regulations or intellectual property laws;
2.2.10. circumvent or render ineffective any geographical restrictions, including IP address -based restrictions;
2.2.11. sell, lease, rent, redistribute, or sublicense access to or use Bluebeam's Services or Software unless authorized in
writing by Bluebeam to do so; or
2.2.12. permit any person or entity to use Bluebeam's Services or Software to access, upload, generate, or maintain files,
metadata or personal information of any kind in violation of any of Bluebeam's Terms or any applicable law.
Notwithstanding Bluebeam's Acceptable Use Policy, as a user of the internet (including Bluebeam's Software and Services), You
undertake such activities at Your own risk while acknowledging that there are known and unanticipated risks associated with the
internet. Bluebeam assumes no liability for the actions of its users or the content they may post or communicate.
3. Does Bluebeam Offer Trials and Beta Test of its Services and Software
Yes, Bluebeam does offer trials for some Services and Software and may also offer You an opportunity to participate in beta
tests for new products or releases in the future. Such trials and beta tests will be described in the relevant offer and are
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 3 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-AC8FBEFE733C
subject to these General Terms and as further detailed in the Bluebeam Products and Services Addendum.
4. Privacy, Non -personal data, and Security
Your privacy is important to us. For more information about how we collect, use, share or otherwise process Personal Data as a
"controller", please see Our Privacy Policy. When acting as a "processor" for Your Personal Data, the Data Processing Addendum
found here will apply and is integrated into these Terms by this reference.
To provide the Services and Software, Bluebeam collects, transmits, stores, and uses Personal Data and Non -personal data to
deliver, improve, and administer the Services and Software. "Personal Data" means any information relating to an identified or
identifiable natural person which may be used to identify such person and includes information referred to as "personally
identifiable information" or "personal information" under applicable data privacy laws, rules or regulations. It does not include
categories of sensitive personal information. Non -personal information excludes Personal Data but includes information and data
that by itself does not identify You or another individual and can be generated by use of the Services and Software, use of Our
website, or other online activity. Together, Personal Data and Non -personal Information comprise "Your Data". Since Bluebeam
Services and Software are not designed for sensitive personal data such as social security numbers, Personal Data of minors, or
credit cards, You agree not to upload such data to Bluebeam's systems.
Your Data is used to provide transactional information to You, information about updates and upgrades to the Services or Software,
respond to inquiries and collect feedback, verifying compliance with the Terms including user validation via the internet, to analyze
bugs, error reports or logs, and/or to improve, understand, or monitor the Services or Software by itself or through its selected
vendors. You expressly provide Bluebeam a license to Your Data for these purposes.
Bluebeam shall establish and maintain administrative, physical and technical safeguards designed to guard against the destruction,
loss, or alteration of Your Data and Your Content to the extent it is stored within Bluebeam systems. Without limiting the foregoing,
Bluebeam shall at all times in connection with this Agreement: (i) maintain and enforce an information security program including
administrative, physical and technical security policies and procedures with respect to its processing of Your Data and Your Content
consistent with commercially reasonable industry practices and standards and the Terms; (ii) provide technical and organizational
safeguards designed to protect against accidental, unlawful or unauthorized access to or use, destruction, loss, alteration, disclosure,
transfer, commingling or processing of such information and ensure a level of security appropriate to the risks presented by the
processing of such information and the nature of such information, consistent with commercially reasonable industry practice and
standards; (iii) take commercially reasonable measures to secure the Software against "hackers" and others who may seek, without
authorization, to disrupt, damage, modify, access or otherwise use the Services or Software or the information found therein; and
(iv) take commercially reasonable measures to logically separate Your Data from that of other customers. Bluebeam shall
periodically test and continuously monitor its systems for potential areas where security could be breached and shall also
periodically conduct security testing, including penetration testing. Bluebeam shall be solely responsible for its information
technology infrastructure, including all computers, software, databases, electronic systems and networks that are owned or
controlled by Bluebeam that may be used by Bluebeam in connection with the Services and Software. You agree not to tamper,
compromise, or attempt to circumvent any administrative, physical, or technical safeguards implemented by Bluebeam for purposes
of penetration testing, system assessment or otherwise attempt to probe, scan, or test the vulnerability of any Bluebeam system or
network or breach any security or authentication measures.
Bluebeam will require any third -party service providers used to provide the Services or Software to implement and maintain
commercially reasonable and appropriate technical, administrative, and physical safeguards for protection of the security,
confidentiality and integrity of Your Data. The safeguards will include, but not be limited to, measures designed to prevent
unauthorized access to or disclosure of Your Data. Bluebeam shall neither sell Your Data or Your Content nor use either for any
purpose other than as described in the Terms.
Your use of third -party software or applications or Your integration of such software or applications with Bluebeam's Services and
Software ("Third -Party Applications") may result in Your Data or Your Content being transferred to such third party. Bluebeam is not
responsible for the performance or security practices of such Third -Party Applications. YOU AGREE TO HOLD BLUEBEAM HARMLESS
FOR ANY DATA OR MATERIALS INCLUDING YOUR CONTENT OR YOUR DATA TRANSFERRED TO THIRD PARTIES IN CONNECTION WITH
YOUR USE OF THIRD -PARTY APPLICATIONS. ANY USE OF THIRD -PARTY APPLICATIONS IS AT YOUR OWN RISK AND UNDER YOUR
AGREEMENT WITH THAT THIRD PARTY. BLUEBEAM PROVIDES NO WARRANTY OR INDEMNIFICATION OF ANY KIND RELATED TO
SUCH USE.
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 4 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-AC8FBEFE733C
5. Will The Terms Ever Change?
Yes. The Terms may change for a variety of reasons including, but not limited to, product enhancements, improvements, or
applicable law or regulatory changes that affect the Services or Software. You agree that Bluebeam has the right to modify the
Terms at any time in its sole discretion. When We do, notice on Bluebeam's Legal page which can accessed here, sending You an
email, providing notice through the Services or Software itself, and/or other means to which you have access are agreed to be
acceptable written notice of such modifications.
If You don't agree with the updated Terms, You are free to reject them. Unfortunately, that means You will no longer be able to use
the Services or Software. In the event you decide to reject Bluebeam's new Terms, You must (i) provide Bluebeam written notice of
termination, (ii) remove Your Content by the termination date; (iii) cancel Your User ID; and (iv) discontinue all access and use of the
Services and Software as further described in Section 8.4.3.1 in the Term and Termination section below. If You continue to use the
Services or Software after a change to the Terms is effective, that means You agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing
and signed by both You and Bluebeam.
6. Will Bluebeam Change its Services?
Bluebeam is always trying to improve its Services and Software, so they may change over time. These changes may introduce new
features, impose limits on certain features, or restrict access to parts or all of the Services and Software. Bluebeam reserves the right
to revise, modify, or update the Services and Software in its sole discretion. Bluebeam will try to give notice when we make a
material change that would adversely affect You, but this isn't always practical. Similarly, we reserve the right to remove features,
functionality, or decommission the Services or Software in compliance with Bluebeam's end of life policies.
7. Is Bluebeam Software Available Via a Mobile App
Bluebeam may offer certain Services and Software via mobile applications (for iO5 and Android). Mobile applications may include
content, services, data, technology and other digital materials and functions. Functionality, technical limitations and technical
protection measures, if any, can be found in the respective application description. The Terms also apply to the legal relationships
between You and Bluebeam regarding Services provided by Bluebeam via mobile applications for mobile devices including any
additional terms of use provided at download. See the Bluebeam Products and Services Addendum for specific licensing provisions
regarding Bluebeam's mobile applications. The mobile applications are provided in cooperation with third parties, or so-called
"application providers", such as an app store which may require acceptance of terms applicable to their platform. Mobile
applications can only be used after agreeing to the Terms and payment of any applicable fees, if any. Download and use of a mobile
application indicates Your agreement to the Terms.
Mobile applications are only available on supported devices and might not work on every device. Determining whether your device
is a compatible device is solely your responsibility.
8. What else do I need to know?
8.1. Fees and Payments. Unless otherwise mutually agreed in writing, payment terms to purchase Bluebeam Services and
Software are as follows:
8.1.1. You agree to provide Bluebeam with complete and accurate billing contact information including a valid email address.
8.1.2. Services or Software Purchases.
8.1.2.1. When Services or Software are purchased directly from Bluebeam, You agree to pay Bluebeam the fees specified
in the applicable Order at purchase if required, or if by invoice, within thirty (30) days of the invoice date.
Additional Services or Software may be purchased and added to Your account at any time. Unless otherwise
agreed in writing by the parties, promotional or discounted pricing is one-time. New purchases or renewals of
Services or Software shall be at the applicable fee in effect on the date of such new purchases.
8.1.2.2. If purchased through a Bluebeam authorized reseller (a "Reseller"), You agree to pay Reseller such fees as
mutually agreed upon between You and Reseller. You further acknowledge and agree that Reseller has no
authority to bind Bluebeam, modify the Terms, or provide any warranty or other commitment or obligation on
behalf of Bluebeam.
8.1.3. Bluebeam reserves the right to increase fees in its sole discretion on products and services which You agree to pay for
new purchases and renewals unless otherwise agreed in writing.
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 5 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-AC8FBEFE733C
8.1.4. If You provide credit card information to Bluebeam for payment, You authorize Bluebeam to charge such credit card
for all purchased Services and Software listed in the applicable Order and amounts due for any Renewal Term(s). Such
charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the
applicable Order.
8.1.5. Fees are only refundable if an Order is terminated in accordance with Term and Termination sections 8.4.3.1 or 8.4.3.2
below. Except as provided in the cited sections or elsewhere in the Terms, Fees due Bluebeam's are non -cancelable
and non-refundable to the fullest extent allowed under applicable law.
8.1.6. If a payment is past due and Bluebeam has provided written notice of the past due status, then Bluebeam may suspend
access to the Services and Software, without liability, until such amounts are paid in full.
8.1.7. Fees invoiced pursuant to these Terms, are subject to and may not be reduced to account for, any taxes, which may
include local, state, provincial, federal or foreign taxes, withholding taxes, levies, duties or similar governmental
assessments of any nature, including, but not limited to, value-added taxes, excise, use, goods and services taxes,
consumption taxes or similar taxes (collectively "Taxes"). You shall pay all Taxes imposed on the Services or Software
provided under these Terms. If Bluebeam has a legal obligation to pay or collect Taxes for which You are responsible,
the appropriate amount will be computed and invoiced to and paid by You, unless You provide Bluebeam with a valid
tax exemption certificate authorized by the appropriate taxing authority.
8.2. Audit.
Services and Software are subject to the limits specified in the applicable Order, the Terms or the applicable
Documentation. If You exceed specified limits, Bluebeam may choose to work with You in its sole discretion to reduce Your
usage or it may suspend access to the Services or Software until such usage conforms to agreed limits. If, notwithstanding
Bluebeam's efforts, You are unable or unwilling to abide by a limit, You will execute an Order for additional quantities of
the applicable Services or Software promptly upon Bluebeam's request, and/or pay any invoice issued by Bluebeam for
excess of the limits to bring Your usage into conformance.
8.3. Confidentiality.
8.3:1. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party
("Recipient"), whether orally or in writing, that is designated as confidential or that reasonably should be understood
to be confidential given the nature of the information and/or the circumstances of disclosure, including, without
limitation, the terms and conditions of the Order (including pricing), business and marketing plans; training materials
and consulting advice; technology and technical information, including security information, Your Data, Your Content;
product plans and designs, and business processes. Confidential Information does not include any information that (i)
is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party under
these Terms, (ii) was rightfully known to the Recipient prior to its disclosure by the Disclosing Party, (iii) is rightfully
received by the Recipient from a third party, or (iv) was independently developed by the Recipient without use of or
reference to Confidential Information of the Disclosing Party. If applicable, Bluebeam's obligations with respect to
Personal Data is outlined in its Privacy Policy and Data Processing Addendum.
8.3.2. Recipient expressly agrees (i) to hold the Confidential Information of the Disclosing Party in strict confidence and to
take all reasonable precautions to protect the confidentiality of the Confidential Information (including, without
limitation, all precautions Recipient employs with respect to its own confidential information and materials of a
similar nature); (ii) to refrain from using the Confidential Information other than in furtherance of these terms or as
otherwise authorized in writing by the Disclosing Party; (iii) that it will not disclose, publish or otherwise reveal any
Confidential Information (including any extract or portion thereof) to any other person, party or entity whatsoever
except employees and contractors of Recipient with a legitimate need -to -know the Confidential Information in
furtherance of these Terms and who are instructed and agree not to disclose the Confidential Information under an
obligation no less restrictive than the terms in this section; and (iv) to make reasonable efforts not to mingle the
Disclosing Party's Confidential Information with any information of Recipient, however, any such mingling shall not
affect the confidential nature or ownership of the same.
8.3.3. The Recipient will protect the other party's Confidential Information with the same degree of care as it uses to
protect its own Confidential Information. Nothing in these Terms will prevent the Recipient from disclosing the
Confidential Information pursuant to any judicial or governmental order or as otherwise required by law, provided
that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure unless such notice is
prohibited by applicable law.
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 6 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A506-ACBFBEFE733C
8.4. Term and Termination.
8.4.1. Term. These Terms are effective as of the date they are first accepted by You by any means including, but not limited
to, clicking a box, executing an Order, or using the Services or Software (the "Effective Date") and shall continue until
all applicable subscriptions have expired as provided below, professional services have been delivered or until
terminated by Bluebeam or You as provided herein (the "Term").
8.4.2. Subscriptions. Except as otherwise specified in the Additional Terms or a written and mutually executed agreement,
subscriptions to Bluebeam Software are for one (1) year ("Initial Term") and will automatically renew for additional
one year terms (each a "Renewal Term"), unless either party gives the other written notice (email notice is
acceptable) of at least thirty (30) days before the end of Initial Term or Renewal Term as applicable.
8.4.3. Termination of Terms.
8.4.3.1. Cause. Either party may terminate the Terms and all related Services and Software for cause (i) upon (30) days
written notice to the other party in the event of a material breach of the Terms and provided such breach
remains uncured at the expiration of such notice period, or (ii) if the other party becomes the subject of a
petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment
for the benefit of creditors.
8.4.3.2. Convenience. You may terminate a subscription or license to Software within thirty (30) days of the license or
subscription start date and receive a refund if such termination occurs during this thirty (30) day period.
8.4.4. Partial Termination. Either party may be able to terminate a particular Service or Software subscription without
terminating all Services or Software Subscriptions by written agreement of the parties.
8.4.5. Effect of Termination. Upon termination, all licenses and/or rights of use in Software, and performance of Services
shall cease as of the effective date of termination. Upon "Partial Termination", only the Software or Services
terminated shall discontinue upon the effective date of termination and all remaining, unterminated Services and
Software shall continue under these Terms. On the effective date of termination, You agree to and shall (i)
discontinue use of the Services or Software; (ii) unregister Software from all Devices; (iii) delete and/or destroy all
copies of Software including all copies or extracts of the Documentation excluding one (1) archival copy, and subject
to section 8.4.6 remove Your Content from Bluebeam's systems. Bluebeam shall terminate all Subscriptions as of the
effective date of termination. Upon termination under section 8.4.3.1(i) or 8.4.3.2. by You, Bluebeam will provide a
refund of prepaid subscription fees for the affected Services or Software pro -rated for Services delivered or Software
used prior to the effective date of termination. Termination for any other reason is not entitled to a refund or
cancellation and will not relieve You of the obligation to pay any fees due to Bluebeam.
8.4.6. Upon Your written request made on or prior to the effective date of termination, Bluebeam shall give You limited
access to the terminated Services or Software storing Your Data or Your Content for a period up to thirty (30) days, at
no additional cost, solely for purposes of retrieving Your Data and Your Content. After such time, Bluebeam has no
obligation to maintain Your Data or Your Content and shall, unless legally prohibited, delete Your Data and Your
Content; provided, however, Bluebeam will not be required to remove copies of the same from its backup media and
servers until such time as the backup copies are scheduled to be deleted. Downloaded files and data are available in a
format determined in Bluebeam's sole discretion.
8.4.7. Survival. The following sections shall survive termination or expiration of these Terms: Section 1 "Intellectual
Property Rights Notice and Reservation of Rights"; Section 4 "Privacy, Non -personal data, and Security"; Section 8.2
"Audit" for a period of three (3) years; Section 8.3 "Confidentiality"; Section 8.4.6; Section 8.6 Indemnity; Section 8.6
"Limitation of Liability"; Section 8.12 "Governing Law"; Section 8.13 "Arbitration"; Section 8.14. Attorney's fees; and
Section 8.16 Trade and Export Law".
8.5. Warranties and Disclaimers.
BLUEBEAM WARRANTS THAT SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE APPLICABLE
DOCUMENTATION AND THAT SERVICES ARE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH PREVAILING
INDUSTRY STANDARDS. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, SOFTWARE IS PROVIDED "AS IS" AND "AS
AVAILABLE" AND YOUR USE OF THE SERVICES AND/OR SOFTWARE IS AT YOUR OWN RISK. BLUEBEAM DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO AVAILABILITY, ACCURACY,
NON -INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE
FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES AND
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE THEREOF. BLUEBEAM MAKES NO WARRANTY THAT
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 7 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-AC8FBEFE733C
THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR -FREE.
8.6. Indemnity
8.6.1. Indemnification by You.
Subject to section 8.6.3 and to the extent permitted under applicable law, You agree to defend, indemnify and hold harmless
Bluebeam and its officers, directors, employees, affiliates and agents from and against any third -party claims arising out of
or related to any infringement or violation by You of any intellectual property or other right of any person or third party.
8.6.2. Indemnification by Bluebeam.
8.6.2.1. Subject to section 8.6.3, Bluebeam agrees to defend, indemnify and hold You harmless against any third -party
claim arising out of or relating to an allegation that the Services or Software violates, misappropriates or
infringes upon any issued patent, copyright, trademark, trade secret or other intellectual property right owned
by such third party.
8.6.2.2. The indemnification provided in this section will not apply to any claim to the extent such claims arises from or
relates to (a) use of the Services or Software not in accordance with the Documentation (b) any modification,
alteration or conversion of the Services or Software not created or approved in writing by Bluebeam, (c) any
combination or use of the Services and Software with any computer, hardware, software, Services or data not
approved by Bluebeam where the infringement arises out of such combination or use, (d) Bluebeam's
compliance with specifications, requirements or requests of You, or (e) Your negligence or willful misconduct.
8.6.3. Indemnity Procedures.
8.6.3.1. The indemnification provided in sections 8.6.1 and 8.6.2 are expressly conditioned upon the indemnitee (i)
giving the indemnitor prompt notice in writing of any such third party intellectual property claim or threat
thereof; (ii) permitting indemnitor sole control of the defense, through counsel of indemnitor's choice, to
defend and/or settle the claim; and (iii) giving indemnitor all reasonably requested information, assistance and
authority, at indemnitor's expense, to enable indemnitor to defend or settle such claim. Indemnitee has the
right to approve all settlements prior to acceptance in regard to rights or restrictions directly affecting
Indemnitee. Indemnitee may participate in the defense of such claim with counsel of indemnitee's choice and
at Indemnitee's sole expense.
8.6.3.2. In regard to Bluebeam, if the Services or Software are determined to infringe by the applicable tribunal or
court, or Bluebeam reasonably determines that it is likely to infringe, Bluebeam may at its option (a) procure
for You the rights to continue access and use of the Services or Software; (b) replace or modify the Services or
Software so that it becomes non -infringing without causing a material negative effect on the functionality
provided by the infringing version; or (c) if neither (a) or (b) are viable options, remove the infringing part of the
Services or Software and provide a pro -rated refund of the fees paid which shall be negotiated in good faith
with You considering the materiality of the portions removed.
8.6.3.3. Section 8.6.3.2. states the entire liability and obligation of Bluebeam and the exclusive remedy of You with
respect to any claims of infringement relating to or arising out of the Software.
8.7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BLUEBEAM OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE TERMS, EVEN IN THE EVENT OF FAULT,
NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS, AND
EVEN IF BLUEBEAM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID FOR THE SERVICES
AND SOFTWARE HEREUNDER WITHIN THE PRECEDING TWELVE (12) MONTHS FROM THE CLAIM, IF ANY.
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 8 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-ACBFBEFE733C
8.8. Links and Third Parties.
Some Services and Software allow access to the internet or may contain links to other internet sites or online resources over
which Bluebeam has no control. These resources are provided for convenience only and should not be construed as an
endorsement by Bluebeam of any content, items, or services on such third -party websites. Your access, viewing and use of
internet functionality and website links, including any content, items or services therein, are solely at Your own risk. Bluebeam
is not responsible or liable in any way for any internet services, content, advertising, services or goods used or available from
such resources.
8.9. Publicity.
Unless You notify Bluebeam in writing to restrict the following, Bluebeam shall be entitled to identify You as a customer of
Bluebeam on its websites. You hereby grant Bluebeam a non-exclusive, non -transferable, worldwide, royalty -free license to
use Your trademarks, Services marks and trade names ("Marks") in conjunction with the foregoing and in accordance with
Your brand guidelines, if any, during the Term. Any other use of Your Marks in any advertising, promotional or sales literature,
or in any other form of publicity, news release or other public announcements shall require Your prior written approval.
8.10. Availability.
Bluebeam's websites describing the Services and Software are accessible worldwide; however, not all Services or Software
may be available in Your country or in local language.
8.11. English Language.
These Terms have been prepared in American English. In the event of any conflict between the American English language
version and any translation of the Terms that may be provided for convenience only, the American English version shall
control. All notices to be provided by either party hereto shall be in the English language.
8.12. Bluebeam Contracting Entity, Governing Law.
The Bluebeam entity entering into the Terms with You determines the law that will apply in any dispute arising out of or in
connection with the Terms, the Arbitral Body or courts that have jurisdiction over any such dispute, venue for any disputes,
and the address to which notices should be directed according to the chart below, with exception for Weld County whereby
governing law will be Colorado with jurisdiction in Weld County District Court. Each party agrees to the applicable governing
law and jurisdiction below without regard to either choice or conflict of law rules. The Bluebeam entity You are contracting
with is determined by the Bluebeam entity specified on Your Order, or if purchasing via a Bluebeam website, the localized
version of the website (for example, if purchasing from the Bluebeam UK website You are contracting with Bluebeam Limited
UK Ltd entity); or if telephonically or otherwise, the Bluebeam entity through which Your purchase is processed.
Bluebeam Entity
Notice Address
Governing Law
Arbitral Body
Venue and
Jurisdiction
Bluebeam, Inc.
One McKinney Plaza
3232 McKinney Ave.,
Ste. 900
Dallas, TX 75204
USA
California and
controlling United
States Federal Law.
American Arbitration
Association
Los Angeles, CA, USA
Los Angeles, CA,
USA
Bluebeam GmbH
Konrad-Zuse-Platz 1
81829 Munich
Germany
Germany
Deutsche Institution fur
Schiedsgerichtsbarkeit
(DIS)
Munich, Germany
Bluebeam AB
Kistagangen 12,
164 40 Kista
Sweden
Sweden
Arbitration Institute of the
Stockholm Chamber of
Commerce
Stockholm,
Sweden
Bluebeam Limited
UK Ltd
20 Eastbourne
Terrace, Ste. 5.07
London W2 6LG
UK
England
London Court of
International Arbitration
London, England
Bluebeam
Australia Pty Ltd
310 Edward Street
Brisbane QLD 4000
Australia
Australia
Australian Centre for
International Commercial
Arbitration
Brisbane, Australia
Bluebeam General Terms and Conditions of Use
As of February 22, 2024
Page 9 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-ACBFBEFE733C
8.13. Arbitration.
8.13.1. The parties agree to negotiate in good faith to resolve any disputes arising out of or relating to the Terms (a
"Dispute"). All negotiations pursuant to this section are confidential and shall be treated as compromise and
settlement negotiations for all purposes. Each party shall bear its own expenses. Provided negotiations have continued
for a period of ninety (90) days and have failed to resolve the Dispute, the Dispute shall be settled by arbitration as
follows, with exception for Weld County whereby further dispute resolution shall be in Weld County District Court in
Greeley, Colorado without arbitration.
8.13.2. Any Dispute arising out of or relating to the Terms that is not resolved by good faith negotiations shall be settled
by arbitration by the Arbitral Body identified in Section 8.13 to the extent allowed by applicable law. The language to
be used in the arbitral proceedings shall be English. The parties undertake and agree that all arbitral proceedings
conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking
shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is
made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any
form, be disclosed to a third party without the written consent of the other parties. Notwithstanding the foregoing, a
party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights
vis-a-vis the other parties in connection with the dispute, or if the party is obliged to so disclose pursuant to statute,
regulation, a decision by an authority, a stock exchange contract or similar.
8.14. Attorney's Fees.
To the extent provided under applicable law, if either party employs attorneys to enforce any rights arising out of or
relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other
expenses, with exception for Weld County, whereby each Party will be responsible for their own attorney fees regardless of
prevailing party. The term "prevailing party" means that party, as plaintiff or defendant, who substantially prevails against
the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by
the other party within forty-five (45) days after receipt and the party not accepting such offer fails to obtain a more
favorable judgment, the non -accepting party shall not be entitled to recover its costs of suit and reasonable attorney's fees
and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney's fees and
costs incurred by the offering party.
8.15. Code of Conduct.
Bluebeam shall comply with Nemetschek's Group's , Bluebeam's parent company, policies, including its Code of Conduct
and statement regarding the UK Modern Slavery act which are incorporated into these Terms by this reference and can be
found here.
8.16. Trade and Export Law.
The Services and Software may be subject to export laws of the United States and other jurisdictions. The parties each
represent to the other that it is not on any United States Government denied -party list. You will not permit access to or use
of any Services or Software in a United States embargoed country or region or in violation of any United States export law
or regulation (currently Cuba, Iran, North Korea, Syria, Crimea, Donetsk, Lubansk, Belarus, and Russia). You shall obtain and
bear all expenses relating to any necessary licenses and/or exemptions with respect to the export of the Services or
Software from the United States or the transfer of the Services or Software from any other location into another country.
8.17. Federal Government End Use Provisions
If applicable and as provided under U.S. federal law and regulation, Bluebeam provides a pre-existing, commercial Service,
including related Software and technology, for federal government end use solely in accordance with these Terms, and
provides only the technical data and rights as provided herein. If a government agency has a "need for" rights not conveyed
under these Terms, it must negotiate with Bluebeam to determine whether there are acceptable terms for transferring
additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in
order to convey such rights beyond those set forth herein.
8.18. Notices.
All notices required by the Terms shall be in writing, delivered to the address specified in section 8.12. above and via email
to Iegal@bluebeam.com, and is effective upon receipt or if sent by email after 5pm United States Pacific Time the next
Bluebeam General Terms and Conditions of Use
As of February 22, 2024 Page 10 of 11
Docusign Envelope ID: 4371554F-D8B7-448D-A50B-ACBFBEFE733C
business day. Notices to You shall be mailed to the physical address provided and/or entailed to the email address
appointed by You, and if none, the email address of the contact provided in the Order.
8.19. Independent Contractor.
Each party is an independent contractor and neither party is, nor shall be considered to be, an agent, employee or
representative of the other.
8.20. Non -Assignment,
The Terms are personal to You and may not be assigned, delegated, or otherwise transferred, without Bluebeam's express
written consent which may be withheld, delayed or conditioned in the sole discretion of Bluebeam. Notwithstanding the
foregoing, in the event of the sale or transfer of substantially all of Your assets, or a sale, merger or change of control, You
may assign any or all rights and obligations contained herein without consent if the assignee agrees in writing to be bound
by the Terms; by providing written notice to Bluebeam; and all past due and owed fees are paid in full prior to the
assignment. Any attempt to assign Your rights or obligations under these Terms other than as permitted by this section will
be void. Subject to the foregoing, these Terms will bind and inure upon to the benefit of successors and permitted assigns.
8.21. Force Maieure.
Neither party will be liable for any failure or delay in performance under these Terms for causes beyond that party's
reasonable control. Dates by which performance obligations are scheduled to be met will be extended for a period equal to
the time lost due to any delay so caused.
8.22. Severabilitv.
If any provision of the Terms is held to be unenforceable or invalid, the enforceability of the remaining provisions shall in no
way be affected or impaired thereby but shall remain in full force and effect.
8.23. Waiver.
No failure or delay in enforcing any right, power or privilege granted herein will be deemed a waiver unless made in writing
and signed by a duly authorized representative of the party providing the waiver. No single waiver will be considered a
continuing or subsequent waiver.
8.24. Eouitable Relief.
You agree that any breach or alleged breach of the Terms may cause irreparable harm and significant injury to Bluebeam
that may be difficult to ascertain and in which a remedy at law would be inadequate. Therefore, You agree that Bluebeam
shall have the right to seek and obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations
under the Terms in addition to any other rights and remedies it may have.
8.25. Entire Agreement.
The Terms, including all exhibits and addendums hereto, contain the entire agreement of the parties with respect to the
subject matter hereof and supersede all prior or contemporaneous discussion, understandings, communications, proposals,
and agreements, whether written or oral. The parties agree that any term or condition stated in Your purchase order or in
any other order documentation You provide, even is signed by both parties (excluding Bluebeam's Order) is void and has no
effect, nor creates any modification on these Terms.
8.26.pmendment. The Terms may not be modified, amended or supplemented except in a writing signed by an authorized
representative of Bluebeam.
Bluebeam, Inc. (Recommended by)
Bluebeam, Inc.
Customer:
Signature:
wW�M
L Thst .N. 6 1u110k.
111 ins'
Signature:
D frn1�yr.
(---64,17.«
I�,I�Y (+�CtCl4
Signature: _ 63/A.4.4
Tri Stan Grayson
Printed Name: Y
"""'' j -Z Nei 1 vekel T
Printed Name:
Printed Name: Perry L Buck
Title: Sal es Manager Americas
Title: CFO
Title: chair, Weld County BOCC
Date: 21 -Mar -2025
Date: 21 -Mar -2025
Date: jip,R 0 % 2a75?
Bluebeam General Terms and Conditions of Use
As of February 22, 2024
Attest: A%
Esther E. Gesick, Clerk to t>fi
By:
Deputy Clerk
to the Board
2025-
DocuSign Envelope ID. OBBD8363-7A86-4F38-81DF-0E69E9F859E5
DATA PROCESSING ADDENDUM
Customer (Controller/Processor) - Bluebeam (Processor)
(May 2022)
This Data Processing Addendum, including its Schedules, ("DPA") forms part of the General
Terms and Conditions of Use, all applicable Additional Terms, and the Order or other written or
electronic agreement between Bluebeam, Inc. and its Affiliates ("Bluebeam") and You ("Customer")
for the purchase of services from Bluebeam (identified either as "Software" or "Services" or otherwise
in the applicable Order Form, and hereinafter defined as "Services" (collectively the "Agreement") to
reflect the Parties' agreement with regard to the Processing of Personal Data.
Customer enters into this DPA on behalf of itself and, to the extent required under applicable
Data Protection Laws and Regulations, in the name and on behalf of its Authorized Affiliates. For the
purposes of this DPA only, and except where indicated otherwise, the term "Customer" shall include
Customer and Authorized Affiliates. All capitalized terms not defined herein shall have the meaning
set forth in the Agreement.
In the course of providing the Services to Customer pursuant to the Agreement, Bluebeam may
Process Personal Data on behalf of Customer and the Parties agree to comply with the following
provisions with respect to any Personal Data.
HOW TO EXECUTE THIS DPA:
I . This DPA consists of two parts: the main body of the DPA, and Schedules 1 and 2.
2. This DPA is valid and effective as of the Effective Date of the Order Form.
3. Duly authorized individuals signing in the place designated below.
For the avoidance of doubt, Customer's signature on the Order Form shall be deemed to
constitute signature and acceptance of the Standard Contractual Clauses, including Schedule 2.
HOW THIS DPA APPLIES
If the Customer entity signing this DPA is a party to the Agreement, this DPA is an addendum
to and forms part of the Agreement. In such case, the Bluebeam entity that is party to the Agreement
is party to this DPA.
If the Customer entity signing this DPA is not a party the Agreement, this DPA is not valid and
is not legally binding. Such entity should request that the Customer entity who is a party to the
Agreement executes this DPA.
If the Customer entity signing the DPA is a party to an Agreement via an authorized reseller
of Bluebeam, this DPA is valid and legally binding only to the extent of the Agreement, and not such
reseller's independent terms of purchase. Customer should contact the authorized reseller to discuss
whether any amendment to its agreement with that reseller may be required.
DocuSign Envelope ID: OBBD8363-7A86-4F38-81 DF-0E69E9F859E5
DATA PROCESSING TERMS
1. DEFINITIONS
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under
common control with the subject entity. "Control," for purposes of this definition, means direct or
indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Authorized Affiliate" means any of Customer's Affiliate(s) which (a) is subject to the data
protection laws and regulations of the European Union, the European Economic Area and/or their
member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services
pursuant to the Agreement between Customer and Bluebeam, but has not signed its own Order Form
with Bluebeam and is not a "Customer" as defined under this DPA.
"Bluebeam" means the Bluebeam entity which is a party to this DPA, as specified in the
section "HOW THIS DPA APPLIES" above, being Bluebeam, Inc., a company incorporated in
Delaware, US; or one of Bluebeam, Inc. affiliates including Bluebeam Limited UK Ltd. a company
incorporated under the laws of England, Bluebeam AB a company incorporated under the laws of
Sweden, Bluebeam GmbH a company incorporated under the laws of Germany, or Bluebeam Australia
Pty Ltd. a company incorporated under the laws of Australia; or as applicable.
"Bluebeam Group" means Bluebeam and its Affiliates engaged in the Processing of Personal
Data.
"CCPA" means the California Consumer Privacy Act, as amended, Cal. Civ. Code § 1798.100
et seq., and its implementing regulations.
"Controller" means the entity that determines the purposes and means of the Processing of
Personal Data.
"Customer" in this DPA means the entity that executed the Agreement together with its
Affiliates (for so long as they remain Affiliates) which have signed Order Forms.
"Data Protection Laws and Regulations" means all laws and regulations, including laws and
regulations of the European Union, the European Economic Area and their member states, Switzerland,
the United Kingdom and the United States and its states, applicable to the Processing of Personal Data
under the Agreement as amended from time to time.
"Data Subject" means the identified or identifiable person to whom Personal Data relates.
"Europe" means the European Union, the European Economic Area, Switzerland and the
United Kingdom.
"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing of personal data and
on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation), including as implemented or adopted under the laws of the United Kingdom.
"Order Form" means the document executed by Customer from which Customer obtains a
license to use or access to, as applicable, the Services.
Data Processing Addendum
Bluebeam Group Page 2 of 16
DocuSign Envelope ID: OBBD83B3-7A86-4F38-81DF-0E69E9F859E5
"Personal Data" means any information relating to (i) an identified or identifiable natural
person and, (ii) an identified or identifiable legal entity (where such information is protected similarly
as Personal Data or personal information under applicable Data Protection Laws and Regulations), but
does not include sensitive personal information for purposes of this DPA.
"Processing" or "Process" means any operation or set of operations which is performed upon
Personal Data, whether or not by automatic means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction.
"Processor" means the entity that Processes Personal Data on behalf of the Controller,
including as applicable any "Service Provider" as that term is defined by the CCPA.
"Public Authority" means a government agency or law enforcement authority, including
judicial authorities.
"Security Documentation" means the Security Statement applicable to the specific Services
purchased by Customer, as updated from time to time, and accessible at
https://bluebeam.com/legal/security, or as otherwise made reasonably available by Bluebeam.
"Standard Contractual Clauses" means Standard Contractual Clauses for the transfer of
Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and
the Council approved by European Commission Implementing Decision (EU) 2021/914 of 4 June
2021, as currently set out at https://eurlex.europa.eu/eli/dec_impl/2021/914/oj.
"Sub -processor" means any Processor engaged by Bluebeam or a member of the Bluebeam
Group used in processing Customer Personal Data.
2. PROCESSING OF PERSONAL DATA
2.1 Roles of the Parties. The parties acknowledge and agree that with regard to
the Processing of Personal Data, Customer is a Controller or a Processor, Bluebeam is a Processor and
that Bluebeam or members of the Bluebeam Group will engage Sub -processors pursuant to the
requirements set forth in section 5 "Sub -processors" below.
2.2 Customer's Processing of Personal Data. Customer shall, in its use of the
Services, Process Personal Data in accordance with the requirements of Data Protection Laws and
Regulations, including any applicable requirement to provide notice to Data Subjects of the use of
Bluebeam as Processor (including where the Customer is a Processor, by ensuring that the ultimate
Controller does so). For the avoidance of doubt, Customer's instructions for the Processing of Personal
Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility
for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired
Personal Data. Customer specifically acknowledges and agrees that its use of the Services will not
violate the rights of any Data Subject, including those that have opted -out from sales or other
disclosures of Personal Data, to the extent applicable under Data Protection Laws and Regulations.
2.3 Bluebeam Group's Processing of Personal Data. Bluebeam shall treat
Personal Data as Confidential Information and shall Process Personal Data on behalf of and only in
Data Processing Addendum
Bluebeam Group Page 3 of 16
DocuSign Envelope ID: OBBD83B3-7A86-4F38-81DF-OE69E9F859E5
accordance with Customer's documented instructions for the following purposes: (i) Processing in
accordance with the Agreement; (ii) Processing initiated by Authorized Users in their use of the
Services; and (iii) Processing to comply with other documented reasonable instructions provided by
Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
2.4 Details of the Processing. The subject -matter of Processing of Personal Data
by Bluebeam is the performance of the Services pursuant to the Agreement. The duration of the
Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data
Subjects Processed under this DPA are further specified in Schedule 2 (Description of
Processing/Transfer) to this DPA.
3. RIGHTS OF DATA SUBJECTS. Bluebeam shall, to the extent legally permitted,
promptly notify Customer of any complaint, dispute or request it has received from a Data Subject
such as a Data Subject's right of access, right to rectification, restriction of Processing, erasure ("right
to be forgotten"), data portability, object to the Processing, or their right not to be subject to automated
individual decision making, each such request being a "Data Subject Request". Bluebeam shall not
respond to a Data Subject Request itself, except that Customer authorizes Bluebeam to redirect the
Data Subject Request as necessary to allow Customer to respond directly. Taking into account the
nature of the Processing, Bluebeam shall assist Customer by appropriate technical and organizational
measures, insofar as this is possible, for the fulfillment of Customer's obligation to respond to a Data
Subject Request under Data Protection Laws and Regulations. In addition, to the extent Customer, in
its use of the Services, does not have the ability to address a Data Subject Request, Bluebeam shall
upon Customer's request provide commercially reasonable efforts to assist Customer in responding to
such Data Subject Request, to the extent Bluebeam is legally permitted to do so and the response to
such Data Subject Request is required under Data Protection Laws and Regulations. To the extent
legally permitted, Customer shall be responsible for any costs arising from Bluebeam's provision of
such assistance.
4. BLUEBEAM PERSONNEL
4.1 Confidentiality. Bluebeam shall ensure that its personnel engaged in the
Processing of Personal Data are informed of the confidential nature of the Personal Data, have received
appropriate training on their responsibilities and have executed written confidentiality agreements.
Bluebeam shall ensure that such confidentiality obligations survive the termination of the personnel
engagement.
4.2 Reliability. Bluebeam shall take commercially reasonable steps to ensure the
reliability of any Bluebeam personnel engaged in the Processing of Personal Data.
4.3 Limitation of Access. Bluebeam shall ensure that Bluebeam's access to
Personal Data is limited to those personnel performing Services in accordance with the Agreement.
5. SUB -PROCESSORS
5.1 Appointment of Sub -processors. Customer acknowledges and agrees that (a)
Bluebeam's Affiliates may be retained as Sub -processors; and (b) Bluebeam and Bluebeam's Affiliates
respectively may engage third -party Sub -processors in connection with the provision of the Services.
Bluebeam or an Bluebeam Affiliate has entered into a written agreement with each Sub -processor
containing, in substance, data protection obligations no less protective than those in the Agreement
Data Processing Addendum
Bluebeam Group Page 4 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81 DF-OE69E9F859E5
with respect to the protection of Personal Data to the extent applicable to the nature of the Services
provided by such Sub -processor.
5.2 List of Current Sub -processors. The current list of Sub -processors engaged
in Processing Personal Data for the performance of each applicable Service, including a description of
their processing activities and countries of location, is listed here ("Sub -processor Documentation").
The Sub -processor Documentation may be updated by Bluebeam from time to time and Bluebeam
shall provide notice via email to Customer. Customer hereby consents to the Sub -processors listed as
of the date this DPA is executed, including their locations and processing activities as it pertains to
their Personal Data.
5.3 Objection Right for New Sub -processors. Customer may object to
Bluebeam's use of a new Sub -processor by notifying Bluebeam promptly in writing within thirty (30)
days of receipt of Bluebeam's notice. If Customer objects to a new Sub -processor as permitted in the
preceding sentence, Bluebeam will use reasonable efforts to make available to Customer a change in
the Services or recommend a commercially reasonable change to Customer's configuration or use of
the Services to avoid Processing of Personal Data by the objected -to new Sub -processor without
unreasonably burdening Customer. If Bluebeam is unable to make available such change within a
reasonable period of time, which shall not exceed sixty (60) days, Customer may terminate the
applicable Order Form(s) with respect only to those Services that cannot be provided by Bluebeam
without the use of the objected -to new Sub -processor by providing written notice to Bluebeam.
Bluebeam will refund Customer any prepaid fees covering the remainder of the term of such Order
Form(s) following the effective date of termination with respect to such terminated Services, without
imposing a penalty for such termination on Customer.
5.4 Liability. Bluebeam shall be liable for the acts and omissions of its Sub -
processors to the same extent Bluebeam would be liable if performing the services of each Sub -
processor directly under the terms of this DPA, unless otherwise set forth in the Agreement.
6. SECURITY
6.1 Controls for the Protection of Personal Data. Bluebeam shall maintain
appropriate technical and organizational measures for protection of the security (including protection
against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or
alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and
integrity of Personal Data. Bluebeam will not materially decrease the overall security of the Services
during a subscription term.
6.2 Audit. Bluebeam shall maintain an audit program to help ensure compliance
with the obligations set out in this DPA and, upon Customer's written request, shall make available to
Customer information to demonstrate compliance with the obligations set out in this DPA as set forth
in this section 6.2.
6.3 Data Protection Impact Assessment. Upon Customer's request, Bluebeam
shall provide Customer with reasonable cooperation and assistance needed to fulfil Customer's
obligation under Data Protection Laws and Regulations to carry out a data protection impact
assessment related to Customer's use of the Services, to the extent Customer does not otherwise have
access to the relevant information, and to the extent such information is available to Bluebeam.
Data Processing Addendum
Bluebeam Group Page 5 of 16
DocuSign Envelope ID: OBBD8363-7A86-4F38-81DF-0E69E9F859E5
7. PERSONAL DATA INCIDENT MANAGEMENT AND NOTIFICATION.
Bluebeam shall notify Customer without undue delay after becoming aware of the accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data, including
Personal Data, transmitted, stored or otherwise Processed by Bluebeam or its Sub -processors of which
Bluebeam becomes aware (a "Personal Data Incident"). Bluebeam shall make reasonable efforts to
identify the cause of such Personal Data Incident and take such steps as Bluebeam deems necessary
and reasonable to remediate the cause of such a Personal Data Incident to the extent the remediation is
within Bluebeam's reasonable control. The obligations herein shall not apply to incidents that are
caused by Customer or Customer's Authorized Users.
8. GOVERNMENT ACCESS REQUESTS
8.1 Bluebeam requirements. In its role as a Processor, Bluebeam shall maintain
appropriate measures to protect Personal Data in accordance with the requirements of Data Protection
Laws and Regulations, including by implementing appropriate technical and organizational safeguards
to protect Personal Data against any interference that goes beyond what is necessary in a democratic
society to safeguard national security, defense and public security. If Bluebeam receives a legally
binding request to access Personal Data from a Public Authority, Bluebeam shall, unless otherwise
legally prohibited, promptly notify Customer including a summary of the nature of the request. To the
extent Bluebeam is prohibited by law from providing such notification, Bluebeam shall use
commercially reasonable efforts to obtain a waiver of the prohibition to enable Bluebeam to
communicate as much information as possible, as soon as possible. Further, Bluebeam shall challenge
the request if, after careful assessment, it concludes that there are reasonable grounds to consider that
the request is unlawful. Bluebeam shall pursue possibilities of appeal. When challenging a request,
Bluebeam shall seek interim measures with a view to suspending the effects of the request until the
competent judicial authority has decided on its merits. It shall not disclose the Personal Data requested
until required to do so under the applicable procedural rules. Bluebeam agrees it will provide the
minimum amount of information permissible when responding to a request for disclosure, based on a
reasonable interpretation of the request. Bluebeam shall promptly notify Customer if Bluebeam
becomes aware of any direct access by a Public Authority to Personal Data and provide information
available to Bluebeam in this respect, to the extent permitted by law. For the avoidance of doubt, this
DPA shall not require Bluebeam to pursue action or inaction that could result in civil or criminal
penalty for Bluebeam such as contempt of court.
8.2 Sub -processors requirements. Bluebeam shall ensure that Sub -processors
involved in the Processing of Personal Data are subject to the relevant commitments regarding
Government Access Requests in the Standard Contractual Clauses, where applicable.
9. RETURN AND DELETION OF PERSONAL DATA. Bluebeam shall return
Personal Data to Customer and, to the extent allowed by applicable law, delete Personal Data in
accordance with the procedures and timeframes specified in the Agreement. Until Personal Data is
deleted or returned, Bluebeam shall continue to comply with this DPA and its Schedules.
10. AUTHORIZED AFFILIATES
10.1 Contractual Relationship. The parties acknowledge and agree that, by
executing the Agreement, Customer enters into this DPA on behalf of itself and, as applicable, in the
name and on behalf of its Authorized Affiliates, thereby establishing a separate DPA between
Bluebeam and each such Authorized Affiliate subject to the provisions of the Agreement and this
Data Processing Addendum
Bluebeam Group Page 6 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81DF-0E69E9F859E5
section 10 and section 11. Each Authorized Affiliate agrees to be bound by the obligations under this
DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an Authorized Affiliate
is not and does not become a party to the Agreement, and is a party only to this DPA. All access to
and use of the Services and Content by Authorized Affiliates must comply with the terms and
conditions of the Agreement and any violation of the terms and conditions of the Agreement by an
Authorized Affiliate shall be deemed a violation by Customer.
10.2 Communication. The Customer that is the contracting party to the Agreement
shall remain responsible for coordinating all communication with Bluebeam under this DPA and be
entitled to make and receive any communication in relation to this DPA on behalf of its Authorized
Affiliates.
10.3 Rights of Authorized Affiliates. Where an Authorized Affiliate becomes a
party to this DPA with Bluebeam, it shall to the extent required under applicable Data Protection Laws
and Regulations be entitled to exercise the rights and seek remedies under this DPA, subject to the
following:
10.3.1 Except where applicable Data Protection Laws and Regulations
require the Authorized Affiliate to exercise a right or seek any remedy under this DPA against
Bluebeam directly by itself, the parties agree that (i) solely the Customer that is the contracting party
to the Agreement shall exercise any such right or seek any such remedy on behalf of the Authorized
Affiliate, and (ii) the Customer that is the contracting party to the Agreement shall exercise any such
rights under this DPA, not separately for each Authorized Affiliate individually, but in a combined
manner for itself and all of its Authorized Affiliates together (as set forth, for example, in section
10.3.2, below).
10.3.2 The parties agree that the Customer that is the contracting party to
the Agreement shall, when carrying out procedures relevant to the protection of Personal Data, take all
reasonable measures to limit any impact on Bluebeam and its Sub -Processors by combining, to the
extent reasonably possible, several requests carried out on behalf of itself and all of its Authorized
Affiliates in one single audit.
11. LIMITATION OF LIABILITY. Each party's and all of its Affiliates' liability, taken
together in the aggregate, arising out of or related to this DPA, and all DPAs between Authorized
Affiliates and Bluebeam, whether in contract, tort or under any other theory of liability, is subject to
the `Limitation of Liability' section of the Agreement, and any reference in such section to the liability
of a party means the aggregate liability of that party and all of its Affiliates under the Agreement and
all DPAs together. For the avoidance of doubt, Bluebeam's and its Affiliates' total liability for all
claims from Customer and all of its Authorized Affiliates arising out of or related to the Agreement
and all DPAs shall apply in the aggregate for all claims under both the Agreement and all DPAs
established under the Agreement, including by Customer and all Authorized Affiliates, and, in
particular, shall not be understood to apply individually and severally to Customer and/or to any
Authorized Affiliate that is a contractual party to any such DPA.
12. EUROPE SPECIFIC PROVISIONS
12.1 Definitions. For the purposes of this section 12 and Schedule 1 these terms
shall be defined as follows:
Data Processing Addendum
Bluebeam Group Page 7 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81 DF-0E69EBF859E5
"EU C -to -P Transfer Clauses" means Standard Contractual Clauses sections I, II, III
and IV (as applicable) to the extent they reference Module Two (Controller -to -Processor).
"EU P -to -P Transfer Clauses" means Standard Contractual Clauses sections I, II III
and IV (as applicable) to the extent they reference Module Three (Processor -to -Processor).
12.2 GDPR. Bluebeam will Process Personal Data in accordance with the GDPR
requirements directly applicable to Bluebeam's provision of its Services.
12.3 Customer Instructions. Bluebeam shall inform Customer immediately (i) if,
in its opinion, an instruction from Customer constitutes a breach of the GDPR and/or (ii) if Bluebeam
is unable to follow Customer's instructions for the Processing of Personal Data.
12.4 Transfer mechanisms for data transfers. If, in the performance of the
Services, Personal Data that is subject to the GDPR or any other law relating to the protection or
privacy of individuals that applies in Europe is transferred out of Europe to countries which do not
ensure an adequate level of data protection within the meaning of the Data Protection Laws and
Regulations of Europe, the transfer mechanisms listed below shall apply to such transfers and can be
directly enforced by the Parties to the extent such transfers are subject to the Data Protection Laws and
Regulations of Europe:
The EU C -to -P Transfer Clauses. Where Customer and/or its Authorized
Affiliate is a Controller and a data exporter of Personal Data and Bluebeam is a
Processor and data importer in respect of that Personal Data, then the Parties shall
comply with the EU C -to -P Transfer Clauses, subject to the additional terms in
section 2 of Schedule 1; and/or
The EU P -to -P Transfer Clauses. Where Customer and/or its Authorized
Affiliate is a Processor acting on behalf of a Controller and a data exporter of
Personal Data and Bluebeam is a Processor and data importer in respect of that
Personal Data, the Parties shall comply with the terms of the EU P -to -P Transfer
Clauses, subject to the additional terms in sections 2 and 3 of Schedule 1.
12.5 Impact of local laws. As of the Effective Date, Bluebeam has no reason to
believe that the laws and practices in any third country of destination applicable to its Processing of
the Personal Data, including any requirements to disclose Personal Data or measures authorizing access
by a Public Authority, prevent Bluebeam from fulfilling its obligations under this DPA. If Bluebeam
reasonably believes that any existing or future enacted or enforceable laws and practices in the third
country of destination applicable to its Processing of the Personal Data ("Local Laws") prevent it from
fulfilling its obligations under this DPA, it shall promptly notify Customer. In such a case, Bluebeam
shall use reasonable efforts to make available to the affected Customer a change in the Services or
recommend a commercially reasonable change to Customer's configuration or use of the Services to
facilitate compliance with the Local Laws without unreasonably burdening Customer. If Bluebeam is
unable to make available such change promptly, Customer may terminate the applicable Order Form(s)
and suspend the transfer of Personal Data in respect only to those Services which cannot be provided
by Bluebeam in accordance with the Local Laws by providing written notice in accordance with
Section 8.12 of the Agreement. Customer shall receive a refund of any prepaid fees for the period
following the effective date of termination for such terminated Services.
Data Processing Addendum
Bluebeam Group Page 8 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81 DF-0E69E9F859E5
13. CCPA Specific Provisions.
13.1 Definitions. For purposes of this Section 13, capitalized terms not otherwise
defined herein shall have the definitions given to them in the CCPA.
13.2 Service Provider Restrictions. The following restrictions, to the extent not
already imposed under other provisions in this DPA, apply to Processing of Personal Data of Data
Subjects who are California residents. Bluebeam shall not Sell or Share Personal Data. Bluebeam
shall not retain, use, disclose or otherwise Process Personal Data for any purpose other than for the
purpose of providing the Services as specified in the Agreement or applicable Order Form, or for a
purpose permitted for Service Providers under the CCPA. Bluebeam shall not retain, use, disclose or
otherwise Process Personal Data outside of the direct business relationship between Bluebeam and
Customer. Bluebeam shall not combine Personal Data with personal information that it receives from,
or on behalf of, another customer or third party. Bluebeam certifies that it understands these
restrictions and will comply with them.
14. PARTIES TO THIS DPA. Where the Standard Contractual Clauses apply,
Bluebeam, Inc. is the signatory to the Standard Contractual Clauses. Where the Bluebeam entity that
is a party to this DPA is not Bluebeam, Inc., that Bluebeam entity is carrying out the obligations of the
data importer on behalf of Bluebeam, Inc.
15. LEGAL EFFECT. This DPA shall only become legally binding between Customer
and Bluebeam (and Bluebeam, Inc., if different) when the formalities steps set out in the section "HOW
TO EXECUTE THIS DPA" above have been fully completed and the DPA is fully executed below.
IN WITNESS WHEREOF, this Agreement is entered into with effect from the date first set
out below.
Bluebeam, Inc.
By:
.,..-- /D'1voeuAASipned��by:
Jill. Audi,
,A6ohmmined4Agner
Jill Martin
vP & General Counse30-Nov-2022
Name, Title
Board of County Commissioners
Weld County, Colorado
By:
Perry L. Bu , Chair
Board of Weld County Commissioners
0,4
APR 0 7 2025
Date
Data Processing Addendum
Bluebeam Group "" ' ' ' .: ' Page 9 of 16
Date
Attest:
Esther E. Gesick, Clerk to the Board
ler to the Board
7 015-0'153
DocuSign Envelope ID: 0BBD8363-7A86-4F38-81DF-0E69E9F859E5
List of Schedules
Schedule 1: Transfer Mechanisms for European Data Transfers
Schedule 2: Description of Processing/Transfer
SCHEDULE 1
TRANSFER MECHANISMS FOR EUROPEAN DATA TRANSFERS
1. STANDARD CONTRACTUAL CLAUSES OPERATIVE PROVISIONS AND
ADDITIONAL TERMS
1.1. For the purposes of the EU C -to -P Transfer Clauses and the EU P -to -P Transfer Clauses,
Customer is the data exporter and Bluebeam is the data importer and the Parties agree to the
following. If and to the extent an Authorized Affiliate relies on the EU C -to -P Transfer Clauses
or the EU P -to -P Transfer Clauses for the transfer of Personal Data, any references to
`Customer' in this Schedule, include such Authorized Affiliate. Where this section 1 does not
explicitly mention EU C-toP Transfer Clauses or EU P -to -P Transfer Clauses it applies to both
of them.
1.2. Reference to the Standard Contractual Clauses. The relevant provisions contained in the
Standard Contractual Clauses are incorporated by reference and are an integral part of this
DPA. The information required for the purposes of the Appendix to the Standard Contractual
Clauses are set out in Schedule 2.
1.3. Docking clause. The option under clause 7 shall not apply.
1.4. Instructions. This DPA and the Agreement are Customer's complete and final documented
instructions at the time of signature of the Order Form to Bluebeam for the Processing of
Personal Data. Any additional or alternate instructions must be consistent with the terms of
this DPA and the Agreement. For the purposes of clause 8.1(a), the instructions by Customer
to Process Personal Data are set out in section 2.3 of this DPA and include onward transfers to
a third party located outside Europe for the purpose of the performance of the Services.
1.5. Certification of Deletion. The parties agree that the certification of deletion of Personal Data
that is described in clause 8.5 and 16(d) of the Standard Contractual Clauses shall be provided
by Bluebeam to Customer only upon Customer's written request.
•
1.6. Security of Processing. For the purposes of clause 8.6(a), Customer is solely responsible for
making an independent determination as to whether the technical and organizational measures
set forth in the Security Documentation meet Customer's requirements and agrees that (taking
into account the state of the art, the costs of implementation, and the nature, scope, context and
purposes of the Processing of its Personal Data as well as the risks to individuals) the security
measures and policies implemented and maintained by Bluebeam provide a level of security
appropriate to the risk with respect to its Personal Data. For the purposes of clause 8.6(c),
personal data breaches will be handled in accordance with section 7 (Personal Data Incident
Management and Notification) of this DPA.
1.7. Audits of the SCCs. The parties agree that the audits described in clause 8.9 of the Standard
Contractual Clauses shall be carried out in accordance with section 6.2 of this DPA.
Data Processing Addendum
Bluebeam Group Page 10 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81DF-0E69E9F859E5
1.8. General authorization for use of Sub -processors. Option 2 under clause 9 shall apply. For the
purposes of clause 9(a), Bluebeam has Customer's general authorization to engage Sub -
processors in accordance with section 5 of this DPA. Bluebeam shall make available to
Customer the current list of Sub -processors in accordance with section 5.2 of this DPA. Where
Bluebeam enters into the EU P -to -P Transfer Clauses with a Sub -processor in connection with
the provision of the Services, Customer hereby grants Bluebeam and Bluebeam's Affiliates
authority to provide a general authorization on Controller's behalf for the engagement of sub -
processors by Sub -processors engaged in the provision of the Services, as well as decision
making and approval authority for the addition or replacement of any such sub -processors.
1.9. Notification of New Sub -processors and Objection Right for new Sub -processors. Pursuant to
clause 9(a), Customer acknowledges and expressly agrees that Bluebeam may engage new
Sub -processors as described in sections 5.2 and 5.3 of this DPA. Bluebeam shall inform
Customer of any changes to Sub -processors following the procedure provided for in section
5.2 of this DPA.
1.10. Complaints - Redress. For the purposes of clause 11, and subject to section 3 of this DPA,
Bluebeam shall inform Data Subjects on its website of a contact point authorized to handle
complaints. Bluebeam shall inform Customer if it receives a complaint by, or a dispute from,
a Data Subject with respect to Personal Data and shall without undue delay communicate the
complaint or dispute to Customer. Bluebeam shall not otherwise have any obligation to handle
the request (unless otherwise agreed with Customer). The option under clause 11 shall not
apply.
1.11. Liability. Bluebeam's liability under clause 12(b) shall be limited to any damage caused by its
Processing where Bluebeam has not complied with its obligations under the GDPR specifically
directed to Processors, or where it has acted outside of or contrary to lawful instructions of
Customer, as specified in Article 82 GDPR.
1.12.. Supervision. Clause 13 shall apply as follows:
1.12.1. Where Customer is established in an EU Member State, the supervisory authority
with responsibility for ensuring compliance by Customer with Regulation (EU)
2016/679 as regards the data transfer shall act as competent supervisory authority.
1.12.2. Where Customer is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its
Article 3(2) and has appointed a representative pursuant to Article 27(1) of
Regulation (EU) 2016/679, the supervisory authority of the Member State in which
the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679
is established shall act as competent supervisory authority.
1.12.3. Where Customer is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its
Article 3(2) without however having to appoint a representative pursuant to Article
27(2) of Regulation (EU) 2016/679, the Data Protection Authority of Bavaria for the
Private Sector (Bayerisches Landesamt fair Datenschutzaufsicht), Promenade 27
91522 Ansbach, Germany, shall act as competent supervisory authority.
Data Processing Addendum
Bluebeam Group Page 11 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81DF-0E69E9F859E5
1.12.4. Where Customer is established in the United Kingdom or falls within the territorial
scope of application of UK Data Protection Laws and Regulations, the Information
Commissioner's Office shall act as competent supervisory authority.
1.12.5. Where Customer is established in Switzerland or falls within the territorial scope of
application of Swiss Data Protection Laws and Regulations, the Swiss Federal Data
Protection and Information Commissioner shall act as competent supervisory
authority insofar as the relevant data transfer is governed by Swiss Data Protection
Laws and Regulations.
1.13. Notification of Government Access Requests. For the purposes of clause 15(1)(a), Bluebeam
shall notify Customer (only) and not the Data Subject(s) in case of government access requests.
Customer shall be solely responsible for promptly notifying the Data Subject as necessary.
1.14. Governing Law. The governing law for the purposes of clause 17 shall be the law that is
designated in the Governing Law section of the Agreement. If the Agreement is not governed
by an EU Member State law, the Standard Contractual Clauses will be governed by either (i)
the laws of Germany; or (ii) where the Agreement is governed by the laws of the United
Kingdom, the laws of the United Kingdom.
1.15. Choice of forum and jurisdiction. If the Agreement does not designate an EU Member State
court as having exclusive jurisdiction to resolve any dispute or lawsuit arising out of or in
connection with this Agreement, the parties agree that the courts of either (i) Germany; or (ii)
where the Agreement designates the United Kingdom as having exclusive jurisdiction, the
United Kingdom, shall have exclusive jurisdiction to resolve any dispute arising from the
Standard Contractual Clauses. For Data Subjects habitually resident in Switzerland, the courts
of Switzerland are an alternative place of jurisdiction in respect of disputes.
1.16. Appendix. The Appendix shall be completed as follows:
The contents of section 1 of Schedule 2 shall form Annex I.A to the Standard Contractual
Clauses
The contents of sections 2 to 9 of Schedule 2 shall form Annex I.B to the Standard
Contractual Clauses
The contents of section 10 of Schedule 2 shall form Annex I.C to the Standard Contractual
Clauses
The contents of section 11 of Schedule 2 to this Exhibit shall form Annex II to the Standard
Contractual Clauses.
1.17. Data Exports from the United Kingdom and Switzerland under the Standard Contractual
Clauses. In case of any transfers of Personal Data from the United Kingdom and/or transfers
of Personal Data from Switzerland subject exclusively to the Data Protection Laws and
Regulations of Switzerland ("Swiss Data Protection Laws"), (i) general and specific references
in the Standard Contractual Clauses to GDPR or EU or Member State Law shall have the same
meaning as the equivalent reference in the Data Protection Laws and Regulations of the United
Kingdom ("UK Data Protection Laws") or Swiss Data Protection Laws, as applicable; and (ii)
any other obligation in the Standard Contractual Clauses determined by the Member State in
which the data exporter or Data Subject is established shall refer to an obligation under UK
Data Processing Addendum
Bluebeam Group Page 12 of 16
DocuSign Envelope ID: OBBD8363-7A86-4F38-81DF-0E69E9F859E5
Data Protection Laws or Swiss Data Protection Laws, as applicable. In respect of data transfers
governed by Swiss Data Protection Laws, the Standard Contractual Clauses also apply to the
transfer of information relating to an identified or identifiable legal entity where such
information is protected similarly as Personal Data under Swiss Data Protection Laws until
such laws are amended to no longer apply to a legal entity.
1.18. Conflict. The Standard Contractual Clauses are subject to this DPA and the additional
safeguards set out hereunder. The rights and obligations afforded by the Standard Contractual
Clauses will be exercised in accordance with this DPA, unless stated otherwise. In the event
of any conflict or inconsistency between the body of this DPA and the Standard Contractual
Clauses, the Standard Contractual Clauses shall prevail.
2. ADDITIONAL TERMS FOR THE EU P -TO -P TRANSFER CLAUSES
For the purposes of the EU P -to -P Transfer Clauses (only), the Parties agree the following.
2.1. Instructions and notifications. For the purposes of clause 8.1(a), Customer hereby informs
Bluebeam that it acts as Processor under the instructions of the relevant Controller in respect
of Personal Data. Customer warrants that its Processing instructions as set out in the
Agreement and this DPA, including its authorizations to Bluebeam for the appointment of
Subprocessors in accordance with this DPA, have been authorized by the relevant Controller.
Customer shall be solely responsible for forwarding any notifications received from Bluebeam
to the relevant Controller where appropriate.
2.2. Security of Processing. For the purposes of clause 8.6(c) and (d), Bluebeam shall provide
notification of a personal data breach concerning Personal Data Processed by Bluebeam to
Customer.
2.3. Documentation and Compliance. For the purposes of clause 8.9, all enquiries from the relevant
Controller shall be provided to Bluebeam by Customer. If Bluebeam receives an enquiry
directly from a Controller, it shall forward the enquiry to Customer and Customer shall be
solely responsible for responding to any such enquiry from the relevant Controller where
appropriate.
2.4. Data Subject Rights. For the purposes of clause 10 and subject to section 3 of this DPA,
Bluebeam shall notify Customer about any request it has received directly from a Data Subject
without obligation to handle it (unless otherwise agreed), but shall not notify the relevant
Controller. Customer shall be solely responsible for cooperating with the relevant Controller
in fulfilling the relevant obligations to respond to any such request.
Data Processing Addendum
Bluebeam Group Page 13 of 16
DocuSign Envelope ID: OBBD83B3-7A86-4F38-81 DF-0E69E9F859E5
SCHEDULE 2
DESCRIPTION OF PROCESSING/TRANSFER
1. LIST OF PARTIES
Data exporter(s):
Name: Customer and its Authorized Affiliates.
Address: As listed in the Order Form/Agreement.
Contact person's name, position and contact details: As listed in the Order Form/Agreement.
Activities relevant to the data transferred under these clauses: Performance of the Services
pursuant to the Agreement and as further described in the Documentation.
Role: For the purposes of the EU C -to -P Transfer Clauses Customer and/or its Authorized
Affiliate is a Controller. For the purposes of the EU P -to -P Transfer Clauses Customer and/or
its Authorized Affiliate is a Processor.
Data importer(s):
Name: Bluebeam, Inc.
Address: 443 S. Raymond Ave., Pasadena, CA 91105, USA
Contact person's name, position and contact details: Gerry Larmeu, Corporate Counsel,
legal@bluebeam.com
Activities relevant to the data transferred under these clauses: Performance of the Services
pursuant to the Agreement and as further described in the Documentation.
Role: Processor
2. CATEGORIES OF DATA SUBJECTS WHOSE PERSONAL DATA IS
TRANSFERRED
Customer may submit Personal Data to the Services, the extent of which is determined and controlled
by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating
to the following categories of data subjects:
• Prospects, customers, business partners and vendors of Customer (who are natural persons)
• Employees or contact persons of Customer's prospects, customers, business partners and
vendors
• Employees, agents, advisors, freelancers of Customer (who are natural persons)
• Customer's Authorized Users authorized by Customer to use the Services
3. CATEGORIES OF PERSONAL DATA TRANSFERRED
Customer may submit Personal Data to the Services, or Bluebeam may receive or otherwise Process
Personal Data on behalf of Customer in connection with providing the Services, the extent of which is
determined and controlled by Customer in its sole discretion, and which may include, but is not limited
to the following categories of Personal Data:
• First and last name
• Title
• Position
Data Processing Addendum
Bluebeam Group Page 14 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81 DF-0E69E9F859E5
• Employer
• Contact information (company, email, phone, physical business address)
• ID data
• Professional life data
• Localization data
• Service usage data
4. SENSITIVE DATA TRANSFERRED (IF APPLICABLE)
None.
5. FREQUENCY OF THE TRANSFER
Continuous basis depending on the use of the Services by Customer.
6. NATURE OF THE PROCESSING
The nature of the Processing is the performance of the Services pursuant to the Agreement.
7. PURPOSE OF PROCESSING, THE DATA TRANSFER AND FURTHER
PROCESSING
Bluebeam will Process Personal Data as necessary to perform the Services pursuant to the Agreement,
and as further instructed by Customer in its use of the Services.
8. DURATION OF PROCESSING
Subject to section 9 of the DPA, Bluebeam will Process Personal Data for the duration of the
Agreement, unless otherwise agreed upon in writing.
9. SUB -PROCESSOR TRANSFERS
As per 7 above, the Sub -processor will Process Personal Data as necessary to perform the Services
pursuant to the Agreement. Subject to section 9 of this DPA, the Sub -processor will Process Personal
Data for the duration of the Agreement, unless otherwise agreed in writing
10. COMPETENT SUPERVISORY AUTHORITY
Where the data exporter is established in an EU Member State: The supervisory authority with
responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as
regards the data transfer shall act as competent supervisory authority.
Where the data exporter is not established in an EU Member State, but falls within the territorial
scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has
appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679: The
supervisory authority of the Member State in which the representative within the meaning of
Article 27(1) of Regulation (EU) 2016/679 is established shall act as the competent supervisory
authority.
Where the data exporter is not established in an EU Member State, but falls within the territorial
scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without
Data Processing Addendum
Bluebeam Group Page 15 of 16
DocuSign Envelope ID: 0BBD83B3-7A86-4F38-81 DF-0E69E9F859E5
however having to appoint a representative pursuant to Article 27(2) of Regulation (EU)
2016/679, the Data Protection Authority of Bavaria for the Private Sector (Bayerisches
Landesamt fur Datenschutzaufsicht), Promenade 27 91522 Ansbach, Germany, shall act as the
competent supervisory authority.
Where the data exporter is established in the United Kingdom or falls within the territorial
scope of application of UK Data Protection Laws and Regulations, the Information
Commissioner's Office shall act as the competent supervisory authority.
Where the data exporter is established in Switzerland or falls within the territorial scope of
application of Swiss Data Protection Laws and Regulations, the Swiss Federal Data Protection
and Information Commissioner shall act as competent supervisory authority insofar as the
relevant data transfer is governed by Swiss Data Protection Laws and Regulations.
11. TECHNICAL AND ORGANISATIONAL MEASURES
Data importer will maintain administrative, physical, and technical safeguards for protection of the
security, confidentiality and integrity of Personal Data uploaded to the SCC Services, as described in
the Security Documentation applicable to the specific Services purchased by data exporter, and
accessible via https://bluebeam.com/legal/security or otherwise made reasonably available by data
importer. Data Importer will not materially decrease the overall security of the Services during the
term of the Agreement. Data Subject Requests shall be handled in accordance with section 3 of the
DPA.
Data Processing Addendum
Bluebeam Group Page 16 of 16
Bluebeam Privacy Policy
Last updated: April 1, 2024
1. Who's This Policy For And What Does It Cover?
2. What is "Personal Information"?
3. Personal Information We Collect
4. Cookies And Online Tracking
5. How We Use Personal information
6. How We Share Personal Information
7. Control Of Your Personal Information
8. Third Party Direct Marketing
9. Links to Third Party Websites, Products and Services
10. Children's Privacy
11. Chat Rooms and Forums
12. Security
13. California Residents
14. Virginia Residents
15. Users in the EEA, United Kingdom or Switzerland
16. Changes To This Policy
17. Contact Us
1. Who Is This Policy For And What Does It Cover?
Bluebeam, Inc. and its subsidiaries ("Bluebeam," "we" or "us") take privacy seriously. This Privacy Policy ("Policy") is
for users of our online products and services (collectively our "Services"), including our websites
(e.g., www.bluebeam.com); mobile, desktop and cloud applications (e.g. Revu®, Revu® for iPad, Bluebeam Cloudy.');
online collaboration services (e.g. Studio.% Drawings.% Studio Primer"') and tools; and technical support and
training services (e.g. Bluebeam University). It describes how we collect, use and share your Personal Information.
This Policy also explains related rights and choices you may have.
By using our Services, you consent to the collection, use and sharing of your Personal Information as described in
this Privacy Policy so please read it carefully and let us know if you have any questions. If you do not agree with the
terms of this Privacy Policy, do not access or use our Services.
You may see other privacy notices from us when your Personal Information is collected for certain purposes or in
connection with a particular Service. Those notices supplement this Policy.
This Policy also contains important statements specific to residents of certain areas, including California and
Virginia, and the European Economic Area, United Kingdom and Switzerland, based on laws in those areas. Those
statements supplement the rest of this Policy, but to the extent they differ from other parts of the Policy, the
statements govern in their applicable areas.
This Privacy Policy does not cover our processing of Personal Information in our role as a "service provider" or
"data processor" to our customers who are businesses or other organizations. That processing is covered by our
agreements with those customers and subject to our customers' privacy policies.
This Privacy Policy does not apply to third party applications or software that integrate with the Services or any
other third party products, services or businesses.
2. What is "Personal Information"?
Generally speaking, your "Personal Information" includes your unique identifiers (for example, your full name,
phone number, or email address); and information about your characteristics, conditions or behavior that is
associated with one of your identifiers or could otherwise reasonably be linked to you.
"Non -Personal Information", on the other hand, is information that has been anonymized, aggregated or de -
identified such that it cannot reasonably be linked to an individual. Your Personal and Non -Personal Information are
referred to collectively in this Policy as "Your Information".
3. Personal Information We Collect
We collect your Personal Information in various ways when you use our Services. You are not required to provide
Bluebeam with your Personal Information; however, if you chose not to in some cases we will not be able to
provide you with our Services or respond to your inquiries.
We collect and use your Personal Information in three basic ways:
Personal Information You Give Us
We collect, store and use your Personal Information when you provide it to us voluntarily. For example:
Website. As a visitor, you may be asked to provide:
• First Name, Last Name, Business Email, Telephone Number, Company Name, Job Level, Functional Role,
and Business Address.
Events. If you register to attend a Bluebeam Event, we may require:
• First Name, Last Name, Business Email, Telephone Number, Company Name, Emergency Contact, and
Billing Information.
Newsletter. You can subscribe to various newsletters on our websites, which we use to inform you about our
company's activities, current information about our Services, special offers, promotions and events. To receive a
newsletter Bluebeam may ask you to provide:
• First Name, Last Name, Email Address, Mailing Address, and Company Name.
Customer/User Account Creation. Bluebeam will collect business contact information for account management and
user account management such as First Name, Last Name, Email, and Company Name as an example.
Communication Facilitation. You may choose to communicate with Bluebeam through a variety of channels
including email, contact forms, chat rooms, forums, and telephone. To process your requests, you may be asked to
provide:
• Your name, Email Address, reason for contact, and telephone number.
Personal Information We Collect From Your Use of Our Services
Online Identifiers, Location, Internet Activity and Usage Information. When you use our Services, we
gather some information automatically and store it in log files. For example, we collect, store and use your
Internet Protocol (IP) addresses, cookie ID, location, referring websites and/or applications, the number of
times you visit an individual website page, date/time stamps, Internet service provider (ISP), information
about your device (such as device name, what devices you use, your operating system, memory available,
etc.) and your browser type, and clickstream data. Some of this collection may involve the use of Cookies
and other technologies.
Account and Account Usage Information. When you access password -protected areas for account holders,
we collect, store and use your username, computer name, IP address, transaction information, pages and
content accessed by you, and preferences.
Personal Information We Receive From Third Parties.
You may be asked to provide Your Information to one of our authorized partners (e.g. authorized resellers,
event collaborators, and educational service providers). Bluebeam and its partners may share Your
Information but only to the extent necessary to carry out the purpose for which you provided Your
Information to us or our partner, e.g. to provide you with access to our Services that are supported by
Bluebeam's partner.
A person or company may procure our Services for you, as their employee, to use at work. Your employer
may give us Your Information in order for you to make use of the Services in connection with a separate
agreement we have with your employer (a "Customer Agreement"). You may also be required to establish
a user account with us to access the Services. User accounts require that you provide us with an email
address. Other Services may require that we receive your name, title, email address, computer name, and
IP address.
• We may receive information about organizations, industries, companies, website visitors, marketing
campaigns and other matters related to our business from our parent corporation, affiliates and
subsidiaries, our partners, or others that we use to make our own information better or more useful. This
data may be combined with other information we collect. If the data, combined or in isolation, constitutes
Personal Information we will treat it as such in accordance with this Policy.
• When available as a service supported by Bluebeam, you will be able to log into certain Services via single
sign -on using the same credentials you use to access your employer's (our customer's) systems. This will
authenticate your identity without the need to use your Bluebeam username or password.
4. Cookies And Online Tracking
What Are Cookies?
A cookie is a small file containing a string of characters that is sent to your device when you use our Services.
Cookies may store unique identifiers, user preferences and other information. Bluebeam uses cookies and other
technologies such as pixel tags and web beacons to receive and store certain types of information when you
interact with our Services. We also use cookies and other technologies to remember you as you use our Services.
Our goal is to make your experience with Bluebeam more convenient and personal by recognizing you when you
revisit our Services and to provide content and advertising that is relevant to you and your interests. We also use
cookies to improve the quality of our Services, including for storing user preferences and tracking user trends
(please also review the section below titled "Google Analytics").
We generally treat information collected by cookies and other technologies as Non -Personal Information. However,
to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Information by local
law, we also treat these identifiers and associated location, internet activity or usage information as Personal
Information in accordance with this Policy.
Types Of Cookies Used On Our Services
Our Service uses "first party" Cookies, which are set by our web domain (e.g., bluebeam.com). Our Service also
uses some "third party" Cookies, which are primarily set by other web domains associated with our vendors or
partners. This means that, when you visit our website, for example, your browser may automatically connect to our
vendor or partner's web server, as well as ours, and provide them with access to your online identifiers and
internet activity, including information about how you use our site.
Click here to learn more about the types of cookies used on our Services.
Your Cookie Choices
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website
features and some or all of our Services may not function properly without cookies. You may also change your
cookie -related consent with respect to our Services here.
Google Analytics
We use Google Analytics and related cookies, and may use other third party analytic tools to collect information
about the use of our Services. Google Analytics collects usage information, such as how often users visit a
Bluebeam website and what pages they visit when they do so. We only use the information we get from Google
Analytics to improve our Services. To the extent that data we receive through Google Analytics includes IP address
or other unique device or browser identifiers, we treat it as Personal Information. Although Google Analytics plants
a permanent cookie on your device to identify you as a unique user the next time you visit or use our Services, the
cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google
Analytics about your usage of our Services is restricted by the Google Analytics Terms of Use and the Google
Privacy Policy.
Advertising and Remarketing
We advertise online in a variety of ways, including displaying ads to you on third party websites and social media
platforms. We use Google Ad Words, Google Analytics Remarketing, Google DoubleClick, Google Ads and
Conversion Tracking, Google AdSense, Microsoft Advertising (formerly Bing Ads), Demandbase, Facebook Pixel and
Customer Audiences (without customer list), Hotjar, Linkedln Ads and Conversion Tracking (Pixel), Marketo, Visual
Website Optimizer and other third parties to advertise on third party websites and services to previous visitors and
users of Bluebeam's Services. Remarketing allows us to tailor our marketing to better suit your needs and only
display ads that are relevant to you based on your IP address or by placing a cookie, tag or similar technology on
your device. The cookie is used to say "This person visited this page on Bluebeam's website, so show them ads
relating to that page." Information collected by Google, Microsoft (Bing), Demandbase and other third parties
through their remarketing services is used by them and is subject to their own policies and practices.
For more information on Google's terms of use and privacy policy, see links above.
For more information on Microsoft Advertising (formerly Bing Ads) terms of use and privacy policy, please
visit https://about.ads.microsoft.com/en-us/policies/home and https://about.ads.microsoft.com/en-
us/policies/legal-privacy-and-security.
For more information on Demandbase's terms of use and privacy policy, please
visit https://www.demandbase.com/terms-of-use/ and https://www.demandbase.com/privacy/.
For more information on Facebook Pixel and Customer Audiences' privacy policy, please
visit https://www.facebook.com/about/privacy/.
For more information on Hotjar's terms of use and privacy policy, please
visit https://www.hotiancom/legal/policies/terms-of-service/ and https://www.hotiar.com/legal/policies/privacy/.
For more information on Linkedln Ads and Conversion Tracking (Pixel), please
visit https://www.linkedin.com/legal/sas-terms.
For more information on Marketo's handling of personal data, please visit https://www.adobe.com/privacy.html.
For more information on Visual Website Optimizer's handling of personal data, please
visit https://vwo.com/privacy-policy/.
Browser Privacy Signals
If you have configured your browser to send the Global Privacy Control signal, we will interpret that signal as your
request to opt -out of analytics and advertising cookies on our website.
Your browser may offer a Do Not Track (DNT) setting. If you turn that setting on, your browser sends a signal to
websites indicating that you do not want to be tracked over lime or across third party sites. We do not currently
respond to these signals because there is not yet a common understanding of how to process them or a consensus
on what "tracking" means.
5. How We Use Personal Information
Subject to conditions that may apply under local law, we use your Personal Information to:
• Communicate with you — to respond to your email and other inquiries and requests, to send you
newsletters and other information you sign up to receive from us, to show you advertisements, including
interest -based or online behavioral advertising, to send you information concerning any purchases you
have made with us (e.g. receipts, license information, etc.), and to send you updates or notices related to
the Services or related Services items that we think may be of interest to you. Some communications are
considered part of the Services (e.g. administrative emails concerning changes to the Services and
security, privacy or fraud notices) and you may not opt out of them. Some communications are marketing
messages that you can opt out of, please see the section below title "Opt -Out".
Provide, improve, update, and maintain our Services — to deliver the Services, to diagnose technical
problems, to improve and enhance features and functionality, and to customize your experience with our
Services.
Protect our Services — to ensure only you and those you authorize have access to your account
Investigate and help prevent security issues and abuse of our Services
Fulfill our obligations under a Customer Agreement.
As may be required by law, legal process or regulation
We use Your Information in combination with other user information to:
• Understand and analyze trends, including gathering and analyzing demographic information, identifying
user preferences and interests;
• Administer and provide the Services;
• Learn about user behavior in order to improve our Services; and
• Market and promote our Services.
We may provide Your Information to our Service Providers or other third parties that assist us in these activities,
such as helping us fulfill your request for a product, service or information or to tailor advertising that we think may
be of interest to you (e.g. to allow third parties to tailor our ads to you on third party services). Please see the
section below titled "How We Share Personal Information".
We may use or share Non -Personal Information for any purpose.
6. How We Share Personal Information
This section describes how Bluebeam shares Your Information with our Service Providers and third parties.
Service Providers Generally
We use Service Providers to perform supporting functions for the various Services we offer, such as payment
processing, cloud storage providers, analybcs providers, product training and online learning opportunities, job
postings and applicant tracking, and customer research and surveys. Our Service Partners are NOT permitted to use
Personal Information collected from you for any purpose other than performing support functions for Bluebeam. In
addition, we require that all Service Providers use reasonable safeguards to protect the limited set of your Personal
Information that they may have access to.
You can see a list of our Service Providers (sub -processors) here.
Authorized Resellers and Distributors
At times we may make certain portions of your Personal Information available to our authorized resellers and
distributors to help Bluebeam provide our Services to you or vice versa. For clarity, you consent to transfer of Your
Information for these purposes to facilitate provision of Services and to ensure Bluebeam can address your needs
through itself and its resellers and distributors. For example, if you initiate a license of a Bluebeam Service through
an authorized reseller, you authorize Bluebeam and that reseller to exchange information you provide during the
license and registration process. We allow authorized resellers and distributors to access the portion of Your
Information that is associated with the licenses that they sold.
Analytics and Advertising Partners
We may share your Personal Information with analytics or advertising partners to measure performance of our
Services or marketing efforts, offer enhanced features, or deliver interest -based advertising. This sharing may
involve the use of browser cookies and similar technologies placed through our Service by our partners, as
explained in this privacy policy. For example, when you visit our Site, our partner's Cookie may cause your browser
to automatically send a request to our partner's server and provide our partner with your IP address, other online
identifiers, device information and internet activity.
Customer Agreements
We will share your Personal Information as may be required by an applicable Customer Agreement.
Corporate Affiliates
We may share your Personal Information with our corporate affiliates, our parent corporation and our subsidiaries
pursuant to data processing agreements or other appropriate safeguards where required.
Corporate Changes
We may share your Personal Information if we engage in a merger, acquisition, bankruptcy, dissolution,
reorganization, sale of assets or stock, financing, public offering of securities, or similar transactions.
Protection of rights and Compliance with Laws
We will release your Personal Information if we believe that such action is necessary to: (1) comply with the law,
legal process, litigation requests or requests from governmental authorities (worldwide), (2) enforce our terms and
conditions, including any applicable terms of use, user agreements, license agreements or Customer Agreements,
and (3) protect the rights, property, or personal safety of Bluebeam, its employees, and other Service users.
7. Control Of Your Personal Information
Access
Bluebeam Account. By signing into your Bluebeam user account, navigating to the Preferences section, and editing
Your Information
Bluebeam University Accounts. By signing into your user account, navigating to the My Profile section, and editing
Your Information; or by contacting us at training@bluebeam.com.
Licensing and Purchase Information. You can correct and update licensing information by emailing us
at registration@bluebeam.com.
Bluebeam Developer Network. By signing into your BBDN user account, navigating to the Preferences section, and
editing Your Information.
Opt -Out
Marketing Emails: If you no longer wish to receive marketing emails from or on behalf of Bluebeam, you can opt -
out of receiving such communications at any time by clicking on the "unsubscribe" link at the bottom of each email
we send. Also in the email footer, you will find an option to Manage Subscriptions if you'd like to adjust your
subscription preferences.
Product and Service Emails: If you no longer wish to receive emails concerning the products and service you have
licensed and/or purchased from us, you can opt -out of receiving such information at any time by contacting us
at registration@bluebeam.com. If one of our Service users invites you to collaborate with them as part of their use
of the Services, we cannot prevent you from receiving those user initiated emails. Further, certain transactional
emails concerning your purchase, license or use of our Services cannot be unsubscribed.
Regular Mail/Telephone/In-Person: If you no longer wish to be contacted by Bluebeam via regular mail, telephone
or in -person sales calls, you can opt -out by emailing us at registration@bluebeam.com.
Partners: To opt -out of receiving communications from our partners, you must contact the partner directly.
Cookies: You can opt -out or change your cookie preferences online here.
When you opt -out or close your user account, we may retain a copy of Your Information for archival purposes and
to avoid identity theft or fraud.
8. Third Party Direct Marketing
We do not share Personal Information with third parties for their direct marketing purposes.
9. Links to Third Party Websites, Products and Services
Our Services may include links to third party websites, product or services or use or offer products or services from
third parties. Information collected by third parties is governed by their privacy policies and practices. We
recommend you read and become familiar with the privacy policies of all parties with which you interact.
10. Children's Privacy
Our Services are not directed to children (individuals under the age of 18). We do not knowingly collect, maintain,
or process children's Personal Information unless the child's parent or guardian consents and provides the
information. If we determine that we have received a child's Personal Information from a source other than the
child's consenting parent/guardian, we will immediately delete the information.
11. Chat Rooms and Forums
We may from time to time provide chat sessions and rooms, forums, beta testing feedback services, message
boards and/or bulletin boards (a "forum") for users to exchange information. Please remember that any
information disclosed in these areas may be viewed by other users of the forums or the general public depending
on how access to the forums are established. If you post in a forum, please use care not to disclose any confidential
or personal information. Bluebeam is not responsible or liable for the uses that others may make of any
information you post in a forum.
12. Security
We use industry standard physical, technical and administrative security measures and safeguards to protect the
confidentiality and integrity of Your Information. When Your Information is stored by Bluebeam, we use computer
systems with limited access housed in facilities using physical security measures. Cloud data is stored in encrypted
form including when we utilize third -party storage. All of our cloud services leverage Transfer Layer Security (TLS) to
encrypt and protect information during transit.
It is your responsibility to protect the security of your login information. Please note that a -mails and other
communications you send to us are not encrypted. We strongly advise you not to communicate any confidential
information through these means.
13. California Residents
This statement makes additional disclosures to California residents (Le., "consumers"), and describes rights they
have, under the California Consumer Privacy Act of 2018, as amended (the "CCPA"). This statement primarily covers
users of our Services and other traditional consumers. If you apply for a job with us please see our Privacy Nofice to
California Job Applicants. If you work for us, please see our Privacy Policy to California Employees.
You can learn more about the CCPA here: https://oag.ca.gov/privacy/ccpa
Collection Of Personal Information
The CCPA requires a description of Personal Information collected using certain categories. The categories of
Personal Information we have collected about consumers in the past 12 months are listed below. For each category,
we have collected one or more of the examples listed:
Category Examples
Identifiers real name, signature, alias, address, telephone number, email address, Internet Protocol
address, device identifier, browser cookies, web beacon, pixel tag, mobile ad identifier, other
unique personal identifier, online identifier, account name, Social Security number, driver's
license or state ID number, passport number, insurance policy number, physical characteristics
or description, or other similar identifiers.
Financial bank account number, credit card number, debit card number, or any other financial
Information information.
Protected age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed,
Classification marital status, medical condition, physical or mental disability, sex (including gender, gender
Information identity, gender expression, pregnancy or childbirth and related medical conditions), sexual
orientation, veteran or military status, genetic information (including familial genetic
information).
Commercial records of personal property, products or services purchased, obtained, or considered, or
Information other purchasing or consuming histories or tendencies.
Internet browsing history, search history, information on a consumer's interaction with a website,
Activity. application, or advertisement.
Geolocation Physical location or movements
Data
Sensory Data Audio, electronic, visual, thermal, olfactory, or similar information.
Professional Current or past job history or performance evaluations.
or
Employment -
Related
Information
Inferences Profile reflecting a person's preferences, characteristics, psychological trends, predispositions,
Drawn From behavior, attitudes, intelligence, abilities, and aptitudes.
Other
Personal
Information
Sensitive Information that reveals precise geolocation (accurate to within 1,850 feet)
Personal
Information
Sale Or Disclosure Of Personal Information
Under the CCPA, you can request to opt -out of the "Sale" of your Personal Information — which the CCPA defines
very broadly to include some transactions or arrangements that do not involve the exchange of data for money —
and "Sharing" of your personal information, which the CCPA defines as sharing with third parties for purposes of
cross -site targeted advertising. We do not sell consumers' Personal Information in any traditional sense, but we do
share it with some of our digital partners for cross -site behavioral advertising purposes, and that sharing may be
considered a Sale or Sharing of Personal Information under CCPA. You can opt -out of this sharing at any time by
selecting the "Do Not Sell My Personal Information" option available here. Within the past 12 months, we Sold or
Shared the following categories of Personal Information (to the categories of recipients listed):
• Identifiers (to Analytics and Advertising Partners)
• Internet Activity (to Analytics and Advertising Partners)
We do not knowingly Sell or Share the Personal Information of children under the age of 16.
Within the past 12 months, Bluebeam has disclosed the following categories of Personal Information for a business
purpose (to the categories of recipients listed):
Identifiers (to Service Providers)
Financial Information (to Service Providers)
Commercial Information (to Service Providers)
Internet Activity (to Service Providers)
Your Rights As a Californian
California residents have the right to make the following requests to covered businesses. The requests may be
made by a consumer, by a consumer on behalf of the consumer's minor child, or by a person authorized by the
consumer to act on the consumer's behalf.
Right To Request Information About Collection, Disclosure, Sale or Sharing
You have the right to request that a business disclose to you: (i) the categories and specific pieces of Personal
Information the business has collected about you within the past 12 months, (ii) the categories of sources from
which the Personal Information is collected, (iii) the business or commercial purposes for collecting, Selling or
Sharing Personal Information, and (iv) the categories of third parties with whom the business shares Personal
Information.
If a business Sells or Shares Personal Information, or discloses it for a business purpose, you also have the right to
request that the business disclose the following with respect to the 12 -month period preceding your request: (i)
the categories of Personal Information that the business Sold or Shared about you and the categories of third
parties to whom the Personal Information was Sold or Shared, and (ii) the categories of Personal Information that
the business disclosed about you for a business purpose.
This type of request may be referred to as a "Request to Know." Before we can honor a Request to Know, we need
to verify that the person making it is the consumer whose Personal Information we have. Our method for verifying
any partcular request weighs information we receive as part of the request, the sensitivity of the consumer
information at issue, and the risk of harm to the consumer from unauthorized disclosure.
Right to Request Deletion
You have the right to request that a business delete any Personal Information that the business has collected from
you. This type of request may be referred to as a "Request to Delete"
Before we can honor a Request to Delete, we need to verify that the person making the request is the consumer
whose Personal Information we have. Our method for verifying any particular request weighs information we
receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the
consumer from unauthorized deletion.
We are not required to delete Personal Information if we still need it in order to complete the transaction for which
the information was collected, provide a good or service requested by you (or that we reasonably anticipate based
on our relationship with you), perform a contract with you, comply with a legal obligation, or accomplish any other
objective recognized as an exception to the right to deletion under applicable law.
Right to Request Correction
You have the right to request that we correct inaccurate Personal Information about you. This type of request may
be referred to as a "Request to Correct". By visiting your account settings, you can correct and change certain
Personal Information associated with your account.
Right to Opt -Out
You have the right to direct a business that Sells or Shares Personal Information about you to third parties not to
Sell or Share your Personal Information. This type of request may be referred to as a "Request to Opt -Out."
Right to Limit Use and Disclosure of Sensitive Personal Information
If a business collects Sensitive Personal Information* for the purpose of inferring characteristics about you, you
have the right to request that the business limit its use and disclosure of your Sensitive Personal Information to
that use and disclosure which is necessary to perform the services or provide the goods reasonably expected by an
average consumer who requests such goods and services. (Bluebeam does not collect Sensitive Personal
Information for the purpose of inferring characteristics about you within the meaning of the CCPA.)
*Under the CCPA, Sensitive Personal Information includes social security number; driver's license or state
identification number; complete account log -in credentials; precise geolocation; racial or ethnic origin, religious or
philosophical beliefs, or union membership; the contents of a consumer's mail, email and text messages (unless the
business is the intended recipient of the communication); genetic data; biometric information; health information;
and information concerning sex life or sexual orientation.
Right to Non -Discrimination
You have the right not to receive discriminatory treatment by a business for the exercise of your privacy rights
under the CCPA.
How to Submit a Request To Know, Delete or Correct
You can submit a Request to Know or Delete to privacypolicy@bluebeam.com, or by phone at 1-866-496-2140.
Requests must state "CCPA Request" and include:
your first and last name;
an email address at which you can be reached for purposes of the request;
the California county in which you reside;
for a Request to Know, the disclosure(s) you are requesting;
for a Request to Delete, a clear statement that you want us to delete your Personal Information; and
the reason(s) you believe we have collected, disclosed or sold your Personal Information, specifically,
within the past 12 months (for example, you purchased a product or received a communication from us)
If you are submitting a request on behalf of another consumer as their authorized representative, you must include
the foregoing information about the consumer and attach a copy of a power of attorney appointing you as a duly
authorized representative under California Probate Code sections 4000 to 4465 or written permission from the
consumer to make the request.
After confirming receipt of your request, we'll contact you if we need more information in order to verify it. If we
can't verify a request, we may deny it.
How to Submit a Request To Opt -Out
You may request that we stop Selling or Sharing your Personal Information by clicking "Change your consent" then
selecting the "Do Not Sell or Share My Personal Information" option
14. Virginia Residents
Your Rights Under The CDPA
Virginia residents who interact with a business in a consumer context (as opposed to a business -to -business or
employment context) have certain rights under Virginia's Consumer Data Protection Act ("CDPA"), including:
To confirm whether or not a business is processing the consumer's Personal Information and to access
such Personal Information;
To correct inaccuracies in the consumer's Personal Information;
To delete Personal Information provided by or obtained about the consumer;
To obtain a copy of the consumer's Personal Information that the consumer previously provided to the
business in a portable, and to the extent technically feasible, readily usable format that allows the
consumer to transmit the data to another business without hindrance (if the data is processed by
automated means)
To opt out of the processing Personal Information for purposes of (i) targeted advertising, (ii) the sale of
Personal Information, or (iii) profiling in furtherance of decisions that produce legally or similarly
significant effects concerning the consumer.
How To Exercise Your Rights Or Appeal A Decision
To exercise one or more rights under CDPA, please submit a request to privacypolicy@bluebeam.com. The request
must state "Virginia Privacy Request" and include:
your first and last name;
an email address at which you can be reached for purposes of the request;
the Virginia county in which you reside; and
A description of the CDPA rights you are exercising.
The reason(s) you believe Bluebeam has obtained your Personal Information
After confirming receipt of your request, we'll contact you if we need more information in order to verify it. If we
can't verify a request, we may deny it.
If we decline to act on your request, you have a right to appeal. To submit an appeal, please contact us
at privacypolicy@bluebeam.com.
How To Opt -Out Of Targeted Ads On Our Services
To opt -out of targeted advertising on our Services, please click here.
The CDPA defines a "sale" of Personal Information as the exchange of Personal Information for monetary
consideration. Bluebeam does not exchange Personal Information for monetary consideration.
15. Users in the EEA, United Kingdom or Switzerland
Data Controller and Data Protection Officer
Personal Information that we collect regarding individuals who reside in a member state of the European Economic
Area ("EEA"), the United Kingdom or Switzerland is controlled by Bluebeam, Inc., a Delaware corporation, which is
headquartered in Pasadena, California, U.S.A.
Bluebeam's Data Protection Officer is:
intersoft consulting services AG
Bernhard-Wicki-StraRe 7
D-80636 Munich, Germany
Reachable by e-mail via: AWeskamp@intersoft-consulting.de
Lawful bases for processing
We may process your Personal Information for the purposes described above if at least one of the following
grounds for processing applies:
• Processing is necessary for us to perform a contract with you or to take steps at your request prior to
entering into a contract;
• Processing is necessary to comply with our legal obligations;
• Processing fulfills our legitimate interests in a manner that does not outweigh your rights and freedoms.
Our legitimate interests include: protecting our Services against malicious intrusions and unauthorized
use; maintaining and improving our Services; understanding how our Services are used; personalizing our
Services; promoting our Services effectively; and complying with legal obligations and protecting our legal
rights.
• Processing is necessary to protect the vital interests of you or another individual
• You have consented to the processing
International transfers
Bluebeam has its headquarters in the United States. The United States has not sought nor received a finding of
"adequacy" from the European Commission under Article 45 of the GDPR. To the extent we make transfers of
Personal Information to third parties in the United States or other countries that have not received an adequacy
finding, we rely on a variety of legal mechanisms including the European Commission -approved Standard
Contractual Clauses and the EU-U.S. Data Privacy Framework. To access our standard data processing addendum
which includes the Standard Contractual Clauses, click here.
Automated decision making
We do not make any decisions involving the use of algorithms or profiling that significantly affects you.
EU-US Data Privacy Framework Disclosures
Bluebeam complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S.
DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of
Commerce. Bluebeam has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data
Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from
the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S.
DPF. Bluebeam has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy
Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from
Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and
the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the
DPF, or to review our certification on the DPF list, visit the DPF website.
Enforcement
Bluebeam's compliance with the DPF is subject to the investigatory and enforcement powers of the U.S. Federal
Trade Commission. In accordance with the DPF, Bluebeam is also liable for onward transfers to third parties that
process personal information in a way that does not follow the DPF unless Bluebeam was not responsible for the
event giving rise to any alleged damage.
Questions and disputes
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Bluebeam
commits to resolve DPF Principles -related complaints about our collection and use of your personal
information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of
personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S.
DPF should first contact Bluebeam atprivacypolicy@blubeam.com. Ifyou do not receivetimelyacknowledgment of
your DPF Principles -related complaint from us, or if we have not addressed your DPF Principles -related complaint
to your satisfaction, you can resolve any applicable disputes with us related to our certification free of charge
through JAMS, an alternative dispute resolution provider based in the United States. You can contact JAMS to file a
DPF complaint through their website. In some situations, the DPF Framework gives you the right to invoke binding
arbitration. You can do this to resolve complaints not resolved by other means, as described in Annex I to the DPF
Framework.
European users
If the respective legal requirements are met, you are entitled to the following rights based on the General Data
Protection Regulation with regard to the processing of Your Information.
You can assert the individual rights directly to Bluebeam. For this purpose, a simple and informal contact (for
example, by e-mail or mail) is sufficient. See the Contact Us section below.
Right to access, Art. 15 GDPR.
o You have the right to request confirmation from us as to whether personal data relating to you is
being processed. If this is the case, you also have the right to receive information about the data
processing and a copy of the processed data.
Right to rectification, Art. 16 GDPR.
o You have the right to request the correction of incorrect data or the completion of incomplete
data.
• Right to erasure, Art. 17 GDPR.
o Under the conditions of Art. 17 GDPR, you may request the deletion of Your Information. Your
right to erasure depends, among other things, on whether the erasure is not subject to any legal
or contractual retention periods or other legal rights or obligations for us to continue storing the
data.
• Right to restriction of processing, Art. 18 GDPR.
o You have the right to request the restriction of data processing.
• Right to obiect, Art. 21 GDPR.
o You have the right to object to the processing of Your Information at any time. This is the case if
we base the processing of Your Information on our legitimate interests pursuant to Art. 6 (1) lit. f
GDPR as well as in the case of direct marketing to customers. The objection is informal and
possible towards the responsible person and/or the data protection officer(s).
Right of withdrawal, Art. 7 (3) GDPR.
o You have the right to revoke consent to the processing of Your at any time. The processing of Your
Information until the time of revocation of your consent remains unaffected. The revocation of
consent is informal and possible vis-a-vis the data controller and/or the data protection officer(s).
• Right to data portability, Art. 20 GDPR.
o You have the right to receive Your Information in a structured, common and machine-readable
format and to request the transfer of this data to another controller.
• Right to lodge a complaint, Art. 77 GDPR.
o You have the right to lodge a complaint with a European Union supervisory authority if you
believe that data processing by us violates your rights and/or infringes the GDPR.
o The supervisory authority responsible for Bluebeam GmbH is the Bavarian State Office for Data
Protection Supervision (BayLDA).
Promenade 18
91522 Ansbach
https://www.Ida.bavern.de/de/kontakt.html
However, you may also contact any other data protection supervisory authority.
16. Changes To This Policy
We may modify or update this Privacy Policy from time to time. When we change this Privacy Policy in a material
way, a notice will be posted on our website (www.bluebeam.com) along with the updated Privacy Policy. If you use
our Services after an update has been made to this Privacy Policy, you consent to the changed Policy.
17. Contact Us
If you have any questions concerning this policy please send an email to us at privacypolicy@bluebeam.com
BLUEBEAM
PRODUCTS AND SERVICES ADDENDUM
to
GENERAL TERMS AND CONDITIONS OF USE
This Addendum was last updated as of March 21, 2023.
Archived Agreements
IMPORTANT —READ CAREFULLY: THIS PRODUCTS AND SERVICES ADDENDUM (THE "ADDENDUM"), IS A LEGAL AGREEMENT
BETWEEN YOU ("YOU" OR "YOUR" OR "LICENSEE") AND BLUEBEAM, INC. ("BLUEBEAM"). YOU MAY REFER TO AN INDIVIDUAL
MAKING A PURCHASE OR IF PURCHASING ON BEHALF OF AN ENTITY, THE ENTITY ON WHOSE BEHALF SUCH PURCHASE IS MADE.
THE SPECIFIC SECTIONS APPLICABLE TO YOU ARE DETERMINED BY THE SERVICES OR SOFTWARE YOU ACQUIRE FROM BLUEBEAM.
BY EXECUTING AN ORDER (as defined in the General Terms and Conditions of Use) YOU AGREE TO BE BOUND BY THE TERMS OF
THIS ADDENDUM.
Pursuant to the Order and subject to the General Terms and Conditions of Use and all additional terms set forth in this
Addendum, Bluebeam hereby makes the grants of uses and licenses to the Services and Software identified in the applicable Order
to You as further described below. Capitalized terms not otherwise defined herein shall have the meaning set forth in the General
Terms and Conditions or the Additional Terms.
1. Promotional Trade-in or Subscription Conversion Offers.
Bluebeam may, from time to time, make promotional offers to trade-in or convert Bluebeam products to one of its subscription
packages. Such promotions will specify the duration of the promotion; applicable terms and conditions to qualify for the offer; the
cost involved, if any; and may include additional terms and conditions which are incorporated into this Addendum by this reference
and are legally binding on the parties. When a Bluebeam product is traded in or converted to a subscription package, the following
applies to such promotional offers. When a service is converted to a subscription package, that service is terminated and is
converted to the specified subscription package subject to the Terms. If a perpetually licensed product is traded in or converted, You
agree to discontinue use, not assign new users, or to sell or transfer a perpetual license to any third -party which is traded in or
converted to receive the benefits of such offer.
2. Free Trials
2.1. If Bluebeam or an affiliated party offers, and Licensee registers for, a free trial of Bluebeam's Software or Services,
Bluebeam will make the applicable Software or Services available to You on a trial basis free of charge until the earlier of
(a) the end of the free trial period for which You registered to use the applicable Software or Services, or (b) the start date
that You purchased such Software or Services, or (c) termination of the trial by Bluebeam in Bluebeam's sole discretion.
Additional trial terms and conditions may appear on the trial registration web page, including the duration of the trial. Any
such additional terms and conditions are incorporated into this Addendum by this reference and are legally binding.
2.2. YOUR DATA AND YOUR CONTENT ENTERED INTO THE SOFTWARE AND/OR SERVICES DURING THE FREE TRIAL MAY BE
PERMANENTLY LOST UNLESS LICENSEE PURCHASES A SUBSCRIPTION OR LICENSE TO THE SAME SOFTWARE AND/OR
SERVICES AS THOSE COVERED BY THE FREE TRIAL.
2.3. NOTWITHSTANDING THE "WARRANTIES AND DISCLAIMERS" SECTION AND "INFRINGEMENT INDEMNIFICATION" SECTION
IN THE GENERAL TERMS, DURING THE FREE TRIAL THE SOFTWARE AND SERVICES ARE PROVIDED "AS -IS" WITHOUT ANY
WARRANTY OF ANY KIND AND BLUEBEAM SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE
WITH RESPECT TO THE SOFTWARE AND SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS
NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE BLUEBEAM'S LIABILITY WITH RESPECT TO THE SOFTWARE
AND SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000.00 USD. WITHOUT LIMITING THE
FOREGOING, BLUEBEAM AND AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE
SOFTWARE AND/OR SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, OR THAT (B) YOUR USE
OF THE SOFTWARE AND/OR SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR
FREE FROM ERROR. YOU SHALL BE FULLY LIABLE UNDER THIS ADDENDUM TO BLUEBEAM AND ITS AFFILIATED PARTIES FOR
ANY DAMAGES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR SERVICES DURING THE FREE TRIAL PERIOD OR ANY
BREACH BY LICENSEE OF THIS ADDENDUM. YOU AGREE TO REVIEW THE APPLICABLE SOFTWARE AND/OR SERVICE'S
DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF SUCH
SOFTWARE AND/OR SERVICES BEFORE MAKING A PURCHASE.
3. Bluebeam Beta Program
3.1. Beta Program. Pre -commercial releases or beta software releases (each a "Beta Release") do not represent a final
commercially ready product and may contain bugs, errors, inconsistencies or other issues that can cause system or other
failures and/or data loss. Bluebeam may offer You the opportunity to participate in a Beta Release. If You elect to
participate, Your use and license of the Beta Release will be governed by this Addendum and all integrated terms in
addition which may include a separate beta program agreement and nondisclosure agreement. Any such additional terms
and conditions are incorporated into this Addendum by this reference and are legally binding. All rights in this section will
terminate upon the commercial release of such Beta Release or when designated by Bluebeam in its sole discretion.
3.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE BETA
SOFTWARE IS AT YOUR SOLE RISK AND THAT THE BETA SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL
FAULTS AND WITH NO WARRANTY, INDEMNITY OR ANY LIABILITY TO BLUEBEAM OF ANY KIND. BLUEBEAM HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BETA RELEASE, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LJMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, AND NON -INFRINGEMENT OF THIRD -PARTY RIGHTS.
4. Educational Users
4.1. Software and Services licensed or subscribed to as part of Bluebeam's academic program are subject to the Terms and any
additional terms and conditions provided as part of the registration process. Any such additional terms and conditions are
incorporated into this Addendum by this reference and are legally binding. Software and Services available for use in the
academic program are selected by Bluebeam in its sole discretion. By participation in Bluebeam's academic program, You
warrant and represent that You are a current and registered student or faculty member (full-time, part-time or adjunct)
with a public or private high school or an accredited college or university. Academic verification is required and You must
submit a valid academic email address. Alumni do not qualify. Limited to one (1) Software Seat per educational end -user.
4.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE
SOFTWARE AND/OR SERVICES WHILE ENROLLED IN BLUEBEAM'S ACADEMIC PROGRAM IS AT YOUR SOLE RISK AND THAT
THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITH NO WARRANTY, INDEMNITY OR
ANY LIABILITY TO BLUEBEAM OF ANY KIND. BLUEBEAM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND
NON -INFRINGEMENT OF THIRD -PARTY RIGHTS.
5. REVU Desktop Software Application
5.1. Definitions.
5.1.1. "Authorized User" means You and if Licensee is an entity then Licensee's employees, duly authorized agents and
independent contractors, but in every case an individual.
5.1.2. "Device" means a personal computer owned or controlled by Licensee.
5.1.3. "Documentation" means user guides, specifications, and online materials made available by Bluebeam to the general
public regarding specific Software and Services.
5.1.4. "Gateway" means Bluebeam's online service portal accessible via the internet or other Authorized User portal that
allows Licensee to view and manage Licensee's Authorized Users.
5.1.5. "Initial Term" means the one (1) year period commencing on the subscription start date set forth in the Order or
other signed written agreement between Licensee and Bluebeam.
5.1.6. "OL Key" means unique identifier assigned by Bluebeam to Licensee that allows Licensee to download and install
Seats of Revu 20 and assign, release, reassign and/or revoke OL Seats to and/or from Authorized Users.
5.1.7. "OL Seat" means the number of Seats licensed by Licensee according to the terms herein and as set forth in one or
more Orders.
5.1.8. "Renewal Term" means any annual period following the Initial Term for which Licensee pays the applicable
subscription fees.
5.1.9. "Revu 20" means the Bluebeam branded desktop software application described in the Documentation.
5.1.10. "Revu 21" means the subscription Bluebeam branded desktop software application described in the
Documentation.
5.1.11. "Seat" means one (1) copy of Revu 20 or Revu 21, as applicable, downloaded to a Device.
5.1.12. "Single User Ratio" means one (1) Seat downloaded onto one (1) Device and used by one (1) Authorized User.
5.1.13. "Updates" means bug fixes, patches and/or service packs made available to address certain issues that may not be
working as intended.
5.1.14. "Upgrades" means new versions of the Software that replace the prior version in its entirety and offer significant
changes and improvements over the prior version. Upgrades do not include new functionality separately sold or
offered separate and apart from the Software.
5.2. Revu 21.
5.2.1. Revu 21 is provided on an annual subscription basis.
5.2.2. Subject to Licensee's continuous compliance with the Terms and payment of the applicable subscription fees,
Bluebeam hereby grants Licensee during the Initial Term and any applicable Renewal Term a revocable, limited, non-
exclusive, personal, non-sublicensable, non -transferable right (i) for such number of Licensee's Authorized Users
identified in the Order to access Revu 21 and use the functions included in the applicable subscription package
purchased as specified in the applicable Order for Licensee's internal business purposes only, and (ii) for Licensee to
download unlimited Seats of Revu 21 on Licensee's Devices. No other third -party may access or download for use
Revu 21 or subsequent version for use under this grant of use.
5.2.3. A Revu 21 subscription includes access to and use of the Gateway, technical support, Updates and Upgrades.
5.2.4. Gateway Access. Contemporaneously with the Revu 21 subscription start date, Bluebeam hereby grants Licensee a
limited, non-exclusive, personal, non-sublicensable, non -transferable right to access and use the Gateway. Licensee is
required to create and maintain a User ID to access the Gateway as described in the General Terms. It is Licensee's
sole responsibility to prevent the unauthorized use of Licensee's User ID and to keep such User ID confidential. to. In
the event the password is forgotten or compromised, Licensee must contact Bluebeam immediately.
5.3. Revu 20.
5.3.1. Revu 20 is licensed on a per Seat Single User Ratio basis.
5.3.2. Subject to Licensee's continuous compliance with the Terms and payment of the applicable license fees, Bluebeam
hereby grants Licensee a limited, non-exclusive, personal, non-sublicensable, non -transferable license (i) to
download, install and use the number of Seats of Revu 20 identified in Licensee's Order, and (ii) to all Authorized
Users to access and use the Revu 20 functionality specified in the applicable Order on a Single User Ratio. Even
though copies of the Software may be provided on media of different formats, copies of the Software on different
media formats do not constitute multiple licenses of the Software.
5.3.3. Optional Features for Revu 20.
Certain features or functionality available in connection with Revu 20 are subject to additional terms and conditions
that follow herein. The optional features available for Revu 20 are a Maintenance Subscription, Enterprise License
subscription, and Open License subscription.
5.3.3.1. Enterprise License Subscription.
An Enterprise License Subscription ("ELS") is a hosted service which allows Licensee to manage Seats and
Devices and requires an active Maintenance Subscription. Upon timely payment of the ELS fee as
specified in the applicable Order and verification of a Maintenance Subscription, Bluebeam hereby grants
Licensee a limited, non-exclusive, personal, non -transferable right to access and use one (1) Enterprise
License Key to assign, un-assign and re -assign Seats between Licensee's Devices and Authorized Users in
compliance with Single User Ratio during the Initial Term or a Renewal Term. Bluebeam may invalidate
and de -register the Enterprise License Key in its sole discretion and without penalty or liability If Licensee
fails to comply with the Terms, allows the Maintenance Subscription to lapse, or to pay the applicable ELS
fee.
5.3.3.1.1. Confidentiality of Enterprise License Key. It is Licensee's sole responsibility to maintain the
confidentiality and integrity of the Enterprise License Key. If the confidentiality is breached or Licensee
suspects it is breached, Licensee will notify Bluebeam immediately so that the Enterprise License Key can
be disabled and a new Enterprise License Key assigned to Licensee
5.3.3.1.2. Non -Compliance with Single User Ratio, 5% Overage allowance. If at any time Licensee assigns Seats to a
number of Devices and/or Authorized Users in excess of five percent (5%) of the total number of
purchased licensed Seats (the "Overage Allowance"), Licensee will be prohibited from assigning a Seat to
a new Device until the overage has been corrected by Licensee or additional Seats have been purchased
by Licensee. If at any time Licensee's Single User Ratio exceeds the Overage Allowance for a period of
thirty (30) days, Bluebeam reserves the right to unregister as many Devices as is required to obtain
compliance with the Single User Ratio or to submit an invoice to the Licensee in the amount of the
overage which Licensee agrees to pay.
5.3.3.1.3. Automatic Seat Release. Licensee's Devices periodically communicate with Bluebeam's license server
over the internet to validate the Single User Ratio and monitor the Overage Allowance. After fifteen (15)
days without a communication from Licensee's Device, the license server will automatically release such
Seat from the Device. All inactive Seats will remain unassigned until such time as the earlier of (i) the Seat
is affirmatively assigned to a Device by Licensee, or (ii) the previously assigned Device communicates
with the Bluebeam's license server and re-engages the Seat.
5.3.3.1.4. Gateway Access. Contemporaneously with the ELS subscription start date, Bluebeam will issue Licensee's
Enterprise License Key and grant Licensee a limited, non-exclusive, personal, non-sublicensable, non-
transferable right to access the applicable Gateway. Licensee is required to create and maintain a
password to access the Gateway. In the event the password is forgotten or compromised, Licensee must
contact Bluebeam immediately.
5.3.3.2. Open License Subscription.
An Open License Subscription ("OLS") is a cloud service which allows Licensee to use an OL Key to assign
Authorized Users to OL Seats. Upon timely payment of the OLS fee and Licensee's continuous compliance
with the Terms during the Initial Term and any applicable Renewal Term, Bluebeam hereby grants Licensee
a limited, non-exclusive, personal, non -transferable right to one (1) OL Key to access and use Bluebeam's
cloud -based authorization system to distribute the OL Seats among Licensee's Authorized Users. Provided
Licensee's OLS remains current, Revu 20 may be installed on an unlimited number of Devices.
5.3.3.2.1. Gateway Access. Promptly following the OLS start date, Bluebeam will issue Licensee's OL Key and grant
Licensee a limited, non-exclusive, personal, non-sublicensable, non -transferable right to access the
applicable Gateway.
5.3.3.2.2. Confidentiality of OL Kev. It is Licensee's sole responsibility to maintain the confidentiality and integrity
of the OL Key. If the confidentiality of the OL Key is breached or Licensee suspects it is breached,
Licensee will notify Bluebeam immediately so that the OL Key can be disabled and a new OL Key assigned
to Licensee.
5.3.3.2.3. Licensed OL Seats and New OL Seats. Licensee may add OL Seats to Licensee's OLS at any time during the
Initial Term or any Renewal Term upon payment of a pro -rated portion of the OLS fees (determined
based on the number of months remaining in the then current annual subscription term). Licensee may
not reduce the number of OL Seats during any annual subscription term.
5.4. Bluebeam Mobile Appications
5.4.1. Revu for iPad®.
5.4.1.1. Revu for iPad is an application for use with Apple® devices downloadable from the Apple® App Store® and
further described in the Revu for iPad Documentation on a licensed basis.
5.4.1.2. Subject to Licensee's payment of the applicable license fees, continuous compliance with the Terms, and any
additional terms and conditions provided as part of the download process, which are incorporated herein by
this reference and are legally binding on the date Licensee downloads Revu for iPad from the App Store,
Bluebeam grants Licensee a limited, non-exclusive, personal, non-sublicensable, non -transferable right and
license to download, install one (1) Seat of Revu for iPad on one (1) Apple® branded product owned and used
by Licensee, except that Revu for iPad may be accessed and used by other Licensee User ID's associated with
Licensee via family sharing or volume purchasing in accordance with the Terms.
5.4.2. Apple Operating Systems. For the 'Phone® and iPad® versions of the Revu for iPad app, this Agreement incorporates
and supplements the Apple, Inc. Terms and Conditions (available at
http://www.apple.com/legal/itunes/us/terms.html#service), including, without limitation, the Licensed App End User
Agreement therein ("Apple Terms").Revu for Android®.
5.4.2.1. Revu for Android is an application for use with Android® devices downloadable from the Google Play® store
and further described in the Revu for Android Documentation on a licensed basis.
5.4.2.2. Subject to Licensee's payment of the applicable license fees, continuous compliance with the Terms, and any
additional terms and conditions provided as part of the download process, which are incorporated herein by
this reference and are legally binding on the date Licensee downloads Revu for Android from the Google Play
store, Bluebeam grants Licensee a limited, non-exclusive, personal, non-sublicensable, non -transferable right
and license to download, install one (1) Seat of Revu for Android on one (1) Android based deviceowned and
used by Licensee, except that Revu for Android may be accessed and used by other Licensee User ID's
associated with Licensee via family sharing or volume purchasing in accordance with the Terms.
5.4.2.3. Android Operating Systems. For the Android phone or tablet version of Revu for Android these Terms
incorporate and supplement the Google, Inc. Google Play Terms of Service (available at
https://play.google.com/intl/en_us/about/play-terms.html ) and Android Market Terms of Service (available at
https://www.google.com/intl/en_ca/mobile/android/market-terms.html and
https://policies.google.com/terms?hl=enGB&gl=uk) ("Google Terms").
5.4.3. Conflicts. If any of the provisions of the Apple Terms or Google Terms, conflict with this Agreement, this Agreement
will control, solely to the extent such terms and conditions in conflict apply to the Revu for iPad or Revu for Android.
5.5. Software Generally.
5.5.1. Optional Features for Software. Certain features of or functionality may be available in connection with the Software
based on the package subscribed to or licensed.
5.5.2. The Software includes authorization or registration technology designed to prevent unauthorized use, access, and/or
copying of the Software. This technology may cause Licensee's Device to automatically connect to the internet or to
prompt Licensee to contact Bluebeam and may prevent uses of the Software that are not permitted under the Terms.
5.5.3. Archival Copy. Licensee may make one (1) archival copy of the Revu desktop Software solely for back-up and archival
purposes. Licensee agrees that the archival copy must contain the same proprietary notices that appear on and in
the Revu Software and related Documentation.
5.5.4. Updates. Bluebeam may, in its sole discretion, make Updates available to You.
5.5.5. Upgrades. Bluebeam may, in its sole discretion, make Upgrades available to You. Upon release of an Upgrade,
Bluebeam's obligation to support the previous versions may end. Upgrades are only available to Licensee as provided
in this Addendum unless otherwise agreed in writing by Bluebeam. If an Upgrade is accepted by Licensee, the
previous version of the Software must be removed from Licensee's Device and no further use or access is permitted
except archival copies as provided in section 5.5.3 above.
5.5.6. Digital Certificates and Signatures. Some Software uses digital certificates to sign and validate signatures within PDF
files and to validate certified PDF files. Licensee's Device may access the Internet in order to validate or certify a
digital certificate that is self -signed or issued by a third party. The purchase, use, and application of digital certificates
are Licensee's sole responsibility and undertaken at Licensee's own risk. CERTIFICATES BLUEBEAM MAKES NO
WARRANTY AND OFFERS NO INDEMNIFICATION RELATED TO SUCH CERTIFICATES. Further, Licensee agrees to hold
Bluebeam harmless from any and all liabilities, losses, actions, damages, or claims arising out of or relating to the use
of, or the reliance on, any digital certificate or service of a certificate authority.
5.5.7. Internet Access. The Software allows Licensee and its users to access the Internet. Bluebeam does not control,
endorse or accept responsibility for any online services or websites offered by third parties that Licensee or its users
may access via the Software. ANY USE OF THIRD -PARTY WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK AND
BLUEBEAM PROVIDES NO WARRANTY OR INDEMNIFICATION RELATED TO SUCH USE OR ACCESS.
6. Studio and Drawings
The terms and conditions contained here apply to the access and use of Bluebeam's Studio and Drawings cloud -based
application services ("Collaboration Services"). Studio is an optional service that, if made available in Your license or subscription
package, will allow You to manage and collaborate on projects in the cloud. Drawings allows You or Your users to view drawings
on multiple devices and is only available with the purchase of a Maintenance Subscription for Revu 20 and is an end of life
product. Drawings is scheduled for end of life on March 21, 2023 at which point all users will lose access to Drawings and the
product will no longer be eligible for technical support.
6.1. Right to access and use the Collaboration Services. Subject to purchase of an applicable license or subscription package,
and continuous compliance with the Terms, Bluebeam hereby grants You a limited, non -transferable, non-exclusive,
revocable right to access and use Studio for internal business purposes.
6.2. Location and Sharing of Your Content. Studio is hosted by Amazon Web Services cloud -computing server located in one of
the available locations that You select or are invited to participate as follows: Australia, Germany, Sweden, United
Kingdom, or United States. You agree that when You share Your Content (including collaborating with others and inviting
Attendees to Projects and Sessions) You are allowing others to access and use Your Content in any way without further
restriction or compensation to You. If You do not want others to have the ability to use Your Content, do not use the
Collaboration Services to share Your Content. You further understand that You (and others that You collaborate with) can
access Collaboration Services from outside of Your country of residence (subject to applicable law).
6.3. Disclosure of Your Content. Bluebeam may disclose Your Content if the disclosure is necessary to comply with a valid court
order or subpoena or to comply with applicable law, rule or regulation. Bluebeam will notify You of any request for such
disclosure (unless prohibited by such process, law or regulation) and cooperate with You if You elect to contest the
disclosure, seek confidential treatment of Your Content to be disclosed, or to limit the nature or scope of Your Content to
be disclosed.
6.4. Drawings. Drawings functionality is only available within Studio US and only if You have an active Revu Maintenance
Subscription for the 2018 or later version of Revu. Administration of Drawings is available through the Gateway.
6.5. Project and Sessions.
6.5.1. Definitions.
6.5.1.1. "Attendee" means a Studio user who is invited by a Host to participate in a Project or Session.
6.5.1.2. "Chat" means an exchange of communications between the Attendees in a Session.
6.5.1.3. "Drawings" means a Studio feature that delivers Project Files to Services users in the field (via the internet, the
Drawings mobile application or within the Revu desktop application).
6.5.1.4. "Drawings Uploaders" means those Services users to whom the Gateway Admin grants permission to upload
Project Files into Drawings.
6.5.1.5. "Gateway Admin" means the user designated by Licensee, with the authority to grant and revoke permissions
for other Collaboration Services users to access and use Drawings.
6.5.1.6. "Host" means the Services user who initiates a Project or Session and who has administrative access and
control of the Project or Session, as applicable.
6.5.1.7. "Ma -1 " refers to any visual element added by a Host or an Attendee to a Session File.
6.5.1.8. "Project" means a set of functions that allows (i) a Host to upload, access, manage, check in, check out, modify
and store Project Files on the Services' cloud -based servers; (ii) a Host to add, modify and remove Project Files,
Attendees and Attendee permissions in a Project; and (iii) Attendees to access, check in, check out, modify and
use Project Files as authorized by the Host.
6.5.1.9. "Project Files" are documents and other computer files uploaded, accessed, modified and stored by the Host
and Attendees according to their respective permissions in connection with a Project.
6.5.1.10. "Session" means a set of functions that allows (i) a Host to upload, access, modify, Markup, manage and
store Session Files on the Services' cloud -based servers; (ii) a Host to add, modify and remove Session Files and
Attendees in a Session; (iii) Attendees to access, Markup and use Session Files as authorized by the Host; and
(iv) the Host and Attendees to Chat.
6.5.1.11. "Session Files" are PDF files uploaded, accessed, modified and stored by the Host and Attendees,
according to their respective permissions, in connection with a Session.
6.5.1.12. "Studio" means a cloud -based collaboration platform that connects users and gives them the ability to
markup and review documents in real-time.
6.5.2. Host Responsibilities. The Host is solely responsible for establishing and managing Attendees and setting Attendee
permissions, including, without limitation, access and use restrictions, for all Projects and Sessions. If Project Files or
Session Files are confidential (or contain confidential information), it is the Host's sole responsibility to implement all
necessary permissions and access controls to maintain such confidentiality among the Attendees. Bluebeam shall not
be responsible for securing or maintaining any confidential information added to a Project or Session, as applicable,
by the Host or any Attendee.
6.5.3. Storage Space. You are allocated unlimited project storage space for Project Files and Session Files. You are allocated
a limited number of sheets to be shared among all of Your Drawings Uploaders as displayed in the Gateway.
Bluebeam reserves the right to change the amount of storage provided and may impose a fee or change the fee
charged at any time in its sole discretion.
6.5.4. Deletion of Project Files and Session Files. The Host can delete a Project or Session at any time. Upon deletion, the
Project or Session is archived for 120 days. At the end of said 120 days the Project or Session is purged and deletion
cannot be undone. Upon deletion all Project Files, Session Files and version history logs are permanently deleted.
You are solely responsible for downloading and backing up Project Files, Session Files, and version logs on Your local
computer or computer network prior to deleting a Project or Session. Bluebeam may also delete Project Files or
Session Files at any time in its sole and reasonable discretion upon prior notification to the Host by email.
6.5.5. Deletion of Session Files for Inactivity. Sessions and Session Files will automatically be deleted if the Session has not
been accessed by the Host or any Attendee for a period of eighty (80) days (an "Inactive Session"). The Host will
receive an email notifying the Host that the Inactive Session will be archived in ten (10) days (i.e. 90 days from the
date of the last access of the Session). A second email notification will be sent one hundred seventy (170) days from
the last access or use of a Session notifying the Host that the Inactive Session will be permanently deleted. The
Inactive Session will be permanently deleted ten (10) days thereafter (i.e. 180 days from the date of the last access of
the Session).
6.5.6. Personal Information of the Host and Attendees. No Attendee is required to submit or use Personal Data in
connection with a Project or Session apart from the information provided to Bluebeam to create a User ID. Further,
the Services are not intended to host, maintain or secure Personal Data or sensitive Personal Data. Bluebeam shall
not be responsible for securing, maintaining or deleting such Personal Data or sensitive Personal Data is allowed by a
Host.
6.5.7. Communications Between Attendees. Attendees may use the Collaboration Services to communicate with the Host
and other Attendees. If You opt out of receiving non -transactional emails from Bluebeam, You will continue to
receive emails from Hosts and Attendees of the Projects and Sessions to which they are an Attendee. Bluebeam shall
not be responsible for any information communicated to You in connection with Host and/or Attendee
communications made as part of a Project or Session.
7. Studio Prime
7.1. General Terms. Studio Prime is an optional subscription service subject to an annual subscription that requires an annual
subscription fee. Studio Prime is only available using Studio US.
7.2. Studio Prime Access right. Subject to Licensee's on -going compliance with the Terms and payment of applicable Fees,
Bluebeam hereby grants Licensee a limited, non -transferable, non-exclusive, revocable right to access and use the Studio
Prime services during the Initial Term and any applicable Renewal Term in accordance with the Documentation. The
Studio Prime services may only be used by Licensee and Licensee's Prime Administrator, Prime Members and Prime
Collaborators (each as defined in the Documentation) and only for Licensee's internal business purposes and no other.
Internal business purposes do not include the resale of Prime services to third parties. Studio Prime subscriptions are valid
for one (1) year commencing on the subscription start date unless otherwise set forth in the applicable Order or other
signed written agreement between Bluebeam and You.
7.3. User Level Restrictions. Licensee may only have such number of Prime Administrators, Prime Collaborators and Prime
Members access and use Licensee's Studio Prime account that equals the subscription level specified in the applicable
Order. Licensee may increase the subscription level at any time upon written notice to Bluebeam and payment of
additional prorated subscription fees. Licensee may decrease the subscription level upon written notice to Bluebeam
made at least thirty (30) days prior to each applicable Renewal Term.
7.4. Prime Administrators. Licensee acknowledges and agrees that Prime Administrators are solely responsible for (i) inviting
Studio Users to become Prime Members or Prime Collaborators; (ii) managing all Prime Member and Prime Collaborator
accounts (including, without limitation, access and permissions to Projects and Sessions for which they are Attendees); (iii)
assign, create, modify and remove Prime Member and Prime Collaborator permission and restrictions; (iv) managing and
controlling all content (including, without limitation, Project Files and Sessions Files) created or uploaded into or used in
connection with the Studio Prime Account.
7.5. Prime Members. Licensee acknowledges and agrees that it shall inform and instruct all Prime Members under Licensee's
Studio Prime Account of the following: (i) the Prime Member's Studio account will be under the exclusive control of the
Prime Administrator; (ii) the Prime Administrator can and will access the account and related content, create and modify
permissions related to the account and otherwise monitor the Prime Members usage of the account; and (iii) the Prime
Member may only have one Studio account, which is the Prime Member account.
8. Markup Editor powered by Bluebeam Cloud
8.1. Markup Editor. If included in Your subscription package, Markup Editor allows Licensee and its Authorized Users to create,
annotate and share documents through the internet using a compatible browser as specified in the applicable Bluebeam
Documentation or specifications.
8.2. Right to access and use the Markup Editor. Upon payment of a subscription package fee which includes Markup Editor and
continuous compliance with the Terms, Bluebeam hereby provides Licensee and its Authorized Users with a limited, non-
transferable, non-exclusive, revocable right to use and access Markup Editor through the internet for Licensee's internal
business purposes. The Markup Editor Term begins on the subscription package start date and ends on the expiration date.
9. Field Tools powered by Bluebeam Cloud
9.1. Field Tools. If included in your subscription package, Bluebeam will make the Field Tools available to You. Access to Field
Tools requires a modern web -browser to access on the web or the Bluebeam Cloud for iPad/iPhone application available
for download in the Apple App Store. under the Rights of Use provided in Section 9.2 below.
9.2. Right of Use. Subject to Licensee's timely payment of all applicable fees, acceptance and continuous compliance with the
Terms, Bluebeam hereby grants to Licensee, during the applicable Initial Term and any Renewable Term, a limited, non-
exclusive, non -transferable and revocable right to access and use Field Tools for its internal business purposes. The right to
use and access Field Tools begins on the subscription package start date and ends on the expiration date.
10. Terms Applicable to All Cloud and Hosted Products
10.1. Updates/Scheduled Maintenance for cloud services. Licensee agrees Bluebeam may install Updates in the cloud services as
deemed necessary by Bluebeam from time to time. Licensee acknowledges that Bluebeam may schedule downtime for
cloud service updates and maintenance. Bluebeam shall use reasonable efforts to schedule downtime in a manner to avoid
inconvenience to Licensee and publish downtime schedules on its website.
10.2. Suspension. Bluebeam has the right to disable, suspend, or discontinue Licensee access to subscribed cloud services (i)
immediately if Bluebeam reasonably believes that there has been a material breach in security (in which case Bluebeam
shall reactivate the functionality of the cloud when such breach has been remediated); (ii) upon written notice to Licensee
in the event Bluebeam becomes aware of a claim of infringement, violation or misappropriation of Bluebeam's Intellectual
Property Rights; or (iii) immediately in the event Licensee breaches the Terms, fails to pay any amounts when due or
violates applicable law or regulations.
11. Software and Services End of Life
Bluebeam may, at any time and for any reason, including to address competitive demands, respond to a government regulation,
order or law, or to advance innovation in its offerings, terminate in whole or in part a Service or Software or cease to provide by sale
or other means. On the designated date for a product End of Life, Bluebeam will no longer provide: (i) Technical Support; (ii)
Updates; and/or (iii) maintenance services ("End of Life"). For any Service or Software subject to an End of Life designation,
Bluebeam will post relevant dates on its website at least ninety (90) days prior to the End of Life effective date and will use
commercially reasonable efforts to assist You in such transition.
12. Single Sign On
Some Single Sign On ("SSO") services may be available for some Software in supported technologies. SSO allows Licensee's
Authorized Users to log into Services or Software with the same credentials used to log into their usual work network environment
and do not require users to maintain separate log -in credentials. With SSO You are responsible for Your users and for ensuring the
security of Your log in process.
13. Maintenance Subscription for Revu 20
13.1. Maintenance Subscription. "Maintenance" is an optional, add-on subscription service for Revu 20 and associated optional
services that includes (i) unlimited phone and email support during Bluebeam's standard support hours; (ii) major version
Upgrades of Revu 20, if any, at no additional charge (Revu 21 and Upgrades of Revu 21 are not included without
conversion to subscription which includes support); and (iii) access to Drawings on a one -for -one basis of Seats with active
Maintenance for Drawings Uploaders until March 21, 2023. Upon timely payment of the Maintenance Subscription Fee,
Bluebeam agrees to provide Maintenance to Licensee with respect to Revu 20. Maintenance is valid for one (1) year
commencing on the Maintenance start date unless otherwise set forth in the applicable Order. Bluebeam will not be
required to provide Maintenance services in the event Licensee does not make timely payment of the Maintenance Fee.
13.2. Renewal. The Maintenance subscription may be renewed for additional periods of one (1) year upon payment of the
Maintenance Renewal Fee on or before the expiration of the current term. Failure to pay the Maintenance Renewal Fee on
or before the expiration of the current term shall cause the Maintenance subscription to terminate.
13.3. Payment Terms. The Maintenance Fee must be paid in advance of the commencement of the Maintenance subscription
and each Maintenance Renewal Date or as otherwise set forth in a signed written agreement by and between Bluebeam
and Licensee. The Maintenance Fees and Maintenance Renewal Fees are non -transferable.
13.4.Termination; Non -Renewal:
13.4.1. Termination by Licensee. Licensee may terminate the Maintenance subscription at any time upon providing thirty
(30) days prior written notice to Bluebeam. Bluebeam will not refund any portion of the Maintenance Fee unless
notice of termination is received by Bluebeam within thirty (30) days of the Maintenance Start Date.
13.4.2. Termination by Bluebeam. Bluebeam may terminate the Maintenance subscription at any time and for any reason
by providing Licensee with thirty (30) days prior written notice of termination or immediately upon written notice of
termination due to a breach of Bluebeam's Terms including the Acceptable Use Policy by Licensee or any Authorized
User. Provided Bluebeam terminates Licensee's Maintenance subscription, Bluebeam will refund Licensee the pro -
rata portion (calculated on a per month basis) of the Maintenance Fee applicable to the terminated portion of the
subscription period.
13.4.3. Automatic Termination. The Maintenance subscription will terminate upon Licensee's failure to pay the
Maintenance Renewal Fee on or before the Maintenance Renewal Date.
14. Professional Services
14.1. Appointment. Upon payment of the fee specified in the applicable Order or Proposal, Bluebeam agrees to provide and
perform the training and consulting services outlined therein (the "Professional Services"). Bluebeam agrees to perform
the Professional Services in a professional manner consistent with industry standards and in a manner consistent with the
timeline commitments, travel expense estimates and other details as may be set forth in a Proposal and/or the Order
provided to You by Bluebeam or as otherwise agreed in writing by the parties. Any Proposal signed by the parties is subject
to and integrated into the Terms by this reference. You must use Professional Services within one (1) year of purchase
unless otherwise detailed in the applicable Order or Proposal. Any Professional Services not scheduled within the
applicable Term will be forfeited. Forfeited Professional Services are non-refundable.
14.2. Invoicing and Payment.
14.2.1. Fees for Professional Services are due in advance no later than twenty-one (21) business days prior to the first day
that the Professional Services are scheduled to begin or within thirty (30) days from the Effective Date of the Order,
whichever is sooner. Airline tickets will not be purchased, and the Services will not be confirmed until Bluebeam has
received payment for the Professional Services. Actuals for travel expenses will be billed in arrears and in accordance
with 13.3 below.
14.2.2. Payments shall be submitted via an acceptable payment method to Bluebeam which if mailed, to the address
provided by Bluebeam.
14.3. Travel Expenses (If applicable).
14.3.1. If, at the time of booking, the cost for airfare or hotel exceeds agreed limits, Bluebeam will contact You in writing
and give You the option of paying the higher travel costs or moving the proposed engagement commencement date.
14.3.2. Airfare — Economy domestic airfare, non-stop travel on a reputable air carrier made at least 14 days in advance of
planned travel. International airfare (destinations outside of the United States) will be quoted separately.
14.3.3. Hotel — It is Bluebeam's policy that our employees stay in a reputable mid -level business hotel. Regardless of
brand, we require the hotel to have interior doors to guest rooms for security purposes. For travel lasting more than
four (4) consecutive days, Bluebeam reserves the right to book extended stay hotels of a reputable brand.
14.3.4. Rental car— Bluebeam will rent mid/standard-size rental cars from a national rental company. Insurance coverage
provided by the rental car company is required and billable to You.
14.3.5. Other (ground transportation, airport parking, incidentals) - Ground transportation, fuel used and incidentals such
as tolls and parking will all be invoiced to You per actual expenses.
14.3.6. Per diem — Per diem within the continental United States will be invoiced based on the General Services
Administration guidelines [https://www.gsa.gov/). The Department of Defense sets rates for Alaska, Hawaii, U.S.
Territories, and Possessions.
14.4. Rescheduling and Cancellation. Cancellation and/or rescheduling requests must be received in writing by email to
training@bluebeam.com orsuch otheraddress as provided by Bluebeam.You are responsibleforensuringthat
Bluebeam receives the written request. Bluebeam will reply with a written acknowledgement. Rescheduling the
Professional Services is permitted with a minimum of twenty-one (21) business days advance notice. Bluebeam cannot
guarantee a specific rescheduled date; it is based on availability. You are responsible for any additional travel costs
incurred with rescheduling. If Bluebeam is unable to perform the Professional Services on the scheduled date, Bluebeam
will notify You as soon as possible, but no later than 3 business days before the scheduled commencement date. You may
cancel up to twenty-one (21) business days prior to the scheduled Professional Services date but will be responsible for any
travel costs already incurred. Upon cancellation, travel costs already incurred will be invoiced in full. If weather conditions
or other events of force majeure require that the Professional Services be rescheduled, You agree to cover the original
travel costs as well as the additional travel costs arising out of the rescheduling.
14.5. Exclusivity and Status. Professional Services are non-exclusive, and Bluebeam is free to engage in or perform services
directly or indirectly for any other person or entity. No person employed or retained by Bluebeam in connection with
Bluebeam's performance of the Professional Services shall be considered an employee of You.
14.6. Dissemination of Proiect Reports. If Professional Services include reports, You may publish or have published in its entirety,
any written report, record, account, advice or summary produced and signed by Bluebeam, or any of its employees, which
shall have been furnished to You by Bluebeam in accordance with the applicable Proposal. If, however, You wish to publish
or have published any Bluebeam Report in less than its entire form, You must obtain Bluebeam's prior written consent. All
Bluebeam reports or summaries identified as "draft" and all Bluebeam working notes or other works in progress are
deemed to be documents "in less than entire form" and are not subject to publication by You absent Bluebeam's prior
approval.
14.7. Ownership of Deliverables. Except as provided below, upon full and final payment to Bluebeam for Professional Services,
the tangible items specified as deliverables or work product in the applicable Proposal (the "Deliverables") will become
Your property for internal business purposes. Commercialization of the Deliverables in any way is prohibited. You also
agree that nothing in this contract shall be construed so as to prohibit Bluebeam from using a generic format of a
deliverable or other materials developed hereunder for any business purpose.
14.7.1. Bluebeam's Property. Notwithstanding the above provisions of this paragraph, Bluebeam shall retain ownership of
all proprietary concepts, methods, techniques, processes, adaptations, ideas, processes, formulas, software, know-
how, trade secrets, training materials, standards of judgment, and any materials provided not specified as a
Deliverable owned by Bluebeam prior to an engagement.
14.8. Non -Solicitation. During the performance of Professional Services and for a period of one (1) year from completion of
Professional Services, You shall not offer employment or an engagement (whether as an employee, independent
contractor or Consultant) to any Bluebeam employee or Consultant who performs any of the Professional Services. The
foregoing limitation shall not apply to employment subject to a general advertising campaign not specifically targeted at
such employees and consultants.
15. Bluebeam University
15.1. Content. Bluebeam University ("BBU") is Bluebeam's self -guided training solution, providing in-depth guidance on product
features and typical Revu workflows. All content on the BBU platform, including but not limited to, videos, practice
exercises, downloadable content and drawings are Bluebeam's Intellectual Property and Bluebeam retains all right, title,
and interest in the published content.
15.1.1. Content updates. Content on BBU is updated on a regular basis, however, due to production times, the content
may not reflect the most recent product/feature updates for a period of time after those are released.
15.1.2. BBU content is offered primarily in American English, but may be available in other languages.
15.2. Access You can gain access to Bluebeam University in two distinct ways:
15.2.1. Access as a subscription user. For users with an annual subscription package to Bluebeam's Software, You will gain
access to BBU along with Your Software access (a separate sign -in and authentication is required, but no additional
payment). Your BBU access will terminate when Your Software access terminates. If You renew Your subscription
package, your BBU access will also renew.
15.2.2. Access as a perpetual license holder, or any other person that is not a subscription holder. One year of access to
legacy (non -subscription bundled) BBU content can be purchased from Bluebeam on a User basis. License is per
individual and not for logins used for sharing purposes. The price will be available on bluebeam.com.
Contract Form
Entity Information
Entity Name*
BLUEBEAM INC
Contract Name*
MSA FOR BLUEBEAM SOFTWARE
Contract Status
CTB REVIEW
Entity ID*
@00049696
Q New Entity?
Contract ID
9270
Contract Lead*
jMUNDT
Contract Lead Email
jmundt@weld.gov
Contract Description*
TERMS AND CONDITIONS AND ASSOCIATED RENEWALS FOR BLUEBEAM SOFTWARE
Contract Description 2
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT INFORMATION Date* 03/29/2025
TECHNOLOGY-GIS 04/02/2025
Amount*
$1,516.69 Department Email Will a work session with BOCC be required?*
CM- NO
Renewable* InformationTechnologyGl
NO Does Contract require Purchasing Dept. to be
S@weld.gov
Automatic Renewal
Grant
IGA
Department Head Email
CM-
InformationTechnologyGl
S-DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
11/01/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 04/01/2025
Approval Process
Department Head Finance Approver Legal Counsel
RYAN ROSE CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
04/01/2025 04/01/2025 04/01/2025
Final Approval
BOCC Approved Tyler Ref #
AG 040725
BOCC Signed Date Originator
JMUNDT
BOCC Agenda Date
04/07/2025
Hello