This ReCap 360™ Pro and BLK360 Reservation Agreement (“Agreement”) between the customer (“you”) and Autodesk Inc. (“Autodesk”) sets forth the terms and conditions governing your participation in a promotion offered by Autodesk during Autodesk University 2016 while supplies are available. This Agreement becomes effective upon: (A) valid execution of this Agreement, and (B) Autodesk’s receipt of your $620.00 payment (“Reservation Payment”).
1. Promotion and Reservation
Subject to the terms and conditions of this Agreement, upon receipt of your Reservation Payment, you will be entitled to the following benefits:
a. Immediate access to a 3-year subscription of ReCap 360™ Pro with Advanced Support from Autodesk;
b. You will be placed on a list to receive an invitation from Leica Geosystems (“Leica”) to purchase a Leica BLK360 scanner during the Promotional Period; and
c. A voucher (“Voucher”) entitling you to $300 off the suggested retail price for one (1) BLK360 scanner, redeemable only during the Promotional Period from Leica or its authorized distributor.
YOU ACKNOWLEDGE THAT THE FULL VALUE OF THE RESERVATION PAYMENT IS DEEMED PROVIDED IN THE FORM OF YOUR 3-YEAR RECAP 360 PRO SUBSCRIPTION PROVIDED BY AUTODESK UNDER THE TERMS OF THIS AGREEMENT, AND THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO SEEK A REFUND IN ACCORDANCE WITH THIS AGREEMENT. This Agreement and the Reservation Payment do not entitle you to, or evidence your purchase of, a BLK360 scanner or the iPad Pro or related hardware. You, and not Autodesk, are responsible for purchasing the BLK360 scanner from Leica or its authorized distributor and a compatible iPad Pro from Apple Inc. or its authorized dealer.
You must comply with the following requirements to be eligible for this promotion:
3. ReCap 360 Pro Subscription
ReCap 360 Pro is currently available as a desktop application (Windows 64-bit) and as a web application. The ReCap 360 mobile app will be designed for use on iPad Pro (minimum 4GB version) and available for download from the App Store. Autodesk will notify you via the email address provided when the ReCap 360 mobile app is available for download. The estimated release date of the ReCap 360 mobile app is February 2017, anticipated to coincide with the launch of Leica’s BLK360 scanner.
The Reservation Payment equates to a 50% discount off Autodesk’s current suggested retail price (SRP) for ReCap 360™ Pro with Autodesk Advanced Support ($1,240 SRP). The SRP shown is Autodesk’s suggested retail price for the specified product and services in the United States. The SRP does not include any allowance or provision for installation or taxes. The SRP is displayed for reference purposes only. Other terms and conditions may apply. Autodesk reserves the right to alter the SRP, product offerings, and specification of its products and services at any time without notice.
Your use of any Autodesk software is subject to other terms and conditions (including Autodesk’s License and Services Agreement and the ReCap Terms of Service). Autodesk products and services are licensed or made available on a subscription basis, not sold. Rights to install, access, or otherwise use Autodesk software and services are limited to license rights and services entitlements expressly granted by Autodesk in the applicable license or service agreement and are subject to acceptance of and compliance with all terms and conditions of such applicable agreements. You subscription may be renewable for a fixed fee, on a monthly or annual term basis, subject to availability. All benefits and purchase options may not be available for all software or services in all languages and/or geographies. Access to cloud services requires an Internet connection and is subject to any geographical restrictions set forth in the applicable terms of service.
You may request a refund of your Reservation Payment from Autodesk within 30 days of the purchase date. For more information, please review the Autodesk Return Policy. If the Reservation Payment is refunded: (a) we will cancel your subscription to ReCap 360 Pro and Autodesk Advanced Support, and you will no longer have the right to use or access ReCap 360 Pro, and (b) all other rights granted under Section 1 above (including your Voucher) will become void.
4. Redeeming Your Voucher
Leica will notify you approximately 30 days in advance of the public release date and provide further instructions about how to redeem this Voucher to purchase the BLK360 scanner at a $300 discount during the Promotional Period. The “Promotional Period” means the period commencing upon the date Leica delivers such notice to you and ending 30 days thereafter. All customers in the same jurisdiction participating in this promotion will be notified at approximately the same time. The anticipated product release date for the BLK360 scanner is March 2017. You are under no obligation to purchase a BLK360 scanner. However, if you decide redeem your Voucher, you must do so within the Promotional Period. If you fail to place an order for a BLK360 during the Promotional Period, your Voucher will be void. Your purchase of the BLK360 scanner from Leica (or its authorized distributor) will be governed by separate purchase terms and conditions between you and Leica. You acknowledge and agree that Autodesk is not obligated to fulfill delivery of the BLK360 scanner to you. YOU WILL HAVE NO REMEDY, AND NEITHER AUTODESK NOR LEICA WILL BE LIABLE FOR ANY DAMAGES, IN THE EVENT THE RELEASE OF THE BLK360 SCANNER IS DELAYED OR CANCELLED.
5. Your Contact Information
By providing your name and email address to Autodesk, you agree to the collection and handling of your personal information in accordance with Autodesk’s Privacy Statement, available at https://www.autodesk.com/company/legal-notices-trademarks/privacy-statement. Autodesk may contact you to communicate information about ReCap 360 Pro, the BLK360 scanner, your reservation, or as necessary to perform our obligations under this Agreement. Autodesk may disclose your contact information to Leica and/or its distributors to enable Leica to contact you regarding your reservation and fulfillment of the BLK360 scanner.
6. Not Transferable
This Agreement is not transferrable or assignable to another party without the prior written approval of an Autodesk authorized representative.
7. Limitation of Liability
WE RESERVE THE RIGHT TO CANCEL, SUSPEND OR MODIFY ALL OR PART OF THIS PROMOTION AT ANY TIME WITHOUT NOTICE, FOR ANY REASON IN OUR SOLE DISCRETION. PRICES FOR THE BLK360 SCANNER AND RECAP 360 PRO ARE SUBJECT TO CHANGE. THE VOUCHER HAS NO CASH VALUE. EXCEPT AS OTHERWISE PROVIDED, THE RESERVATION PAYMENT AND THE VOUCHER ARE NON-REFUNDABLE. To the maximum extent permitted by applicable law, we make no warranty (express or implied) of any kind in connection with the ReCap 360 Pro application, the BLK360 scanner, this Agreement or its subject matter. Under no circumstances will we be held liable for any direct, indirect or consequential damages, whether in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement, even if we have been advised of the possibility thereof. If we are held liable for any damages related to your rights under this Agreement, our liability will be limited to the value of the Reservation Payment, or $620 U.S. dollars.
8. Force Majeure.
The parties will not be responsible for any failure to perform or for any delay in performance of its obligations, except the obligation of payment, under this Agreement where the failure or delay is due to acts of God, war, terrorism or terrorist act, civil unrest, or any other circumstances beyond the reasonable control of that party.
9. Governing Law and Jurisdiction.
This Agreement is governed by the law of the state of California, U.S.A. without regard to its conflict of laws provisions. The English version of this Agreement shall govern to the extent not prohibited by law in your jurisdiction.