PLEASE READ CAREFULLY BEFORE USING ANY ASPECT OF THE BIMHAWK TOOLKIT:

  1. Product Data Templates
  2. The BIMHawk Toolkit
  3. Defined Product Data Templates
  4. Populated Product Data Sheets
  5. End User Licence Agreement
  6. Use of the BIMHawk Toolkit
  7. Intellectual Property Rights
  8. Limitation of Liability for all Users of the BIMHawk Toolkit
  9. Cookies Policy
  10. Virus Protection
  11. Logos and Graphics
  12. Your Obligations
  13. Modification and Discontinuation
  14. Waiver
  15. Assignment
  16. Invalidity
  17. Law & Jurisdiction

 

Terms and Definitions:

 

1. Product Data Templates

PDTs represent a defined collection of common properties that describe a particular product, object or system used in the construction of a building or infrastructure project. A PDT which is completed for a specific product is known as a PDS.

CIBSE PDTs and PDSs relate to building engineering services aspects of buildings and infrastructure projects, and contain information relating to the whole life of the product from design through to operation, maintenance, decommissioning and removal (and, potentially, re-use). CIBSE facilitate the definition and development of PDTs collaboratively with relevant stakeholders, including but not limited to Product Manufacturers, Trade Associations, Designers, Constructors, Architects, Installers, Operators, Maintainers, Facility Managers and interested clients. Once defined by industry stakeholders, draft PDTs are made available to the general public for public comment (either via the CIBSE website or BIMHawk). Once approved CIBSE act as guardians of the defined templates.

 

2. The BIMHawk Toolkit

The BIMHawk Toolkit is a suite of software tools and applications developed by NGB in conjunction with CIBSE and the CIBSE BIM steering group (collectively, 'the developer'). The toolkit has been developed specifically to:

Information specific to CIBSE PDTs and PDSs can be found on the CIBSE Website at: http://www.cibse.org/pdts

 

3. Defined Product Data Templates

PDTs represent a collection of common properties that describe a particular product, object or system. CIBSE facilitate the definition and development of PDTs collaboratively with relevant stakeholders, including but not limited to Product Manufacturers, Trade Associations, Designers, Constructors, Architects, Installers, Operators, Maintainers, Facility Managers and interested clients. Once defined by industry stakeholders, draft PDTs are made available to the general public for public comment (either via the CIBSE website or BIMHawk). Once approved CIBSE act as guardians of the defined templates in relation to building services products.

 

4. Populated Product Data Sheets

PDSs are PDTs that have been populated by a product or system manufacturer or supplier. The data in a PDS is provided by the product manufacturer in a structured format to inform or assist potential specifiers, purchasers, installers or end users of the product. The BIMHawk developer does not undertake any form of validation for the information presented on a PDS. It is the responsibility of the users of this information to satisfy themselves that the information is correct and suitable for their intended purpose.

 

5. End User License Agreement

This EULA is a legal agreement between you and the BIMHawk developer. This EULA shall govern your use of the BIMHawk Toolkit, the BIMHawk Toolkit database and any associated technical support articles and video content, supplied by or via this website for use in conjunction with the BIMHawk toolkit.

The BIMHawk Toolkit is accessible via the domain name https://www.bimhawk.co.uk.

Information relating to PDTs and PDSs can be found at: http://www.cibse.org/pdts

Under this EULA you are granted a licence to access and use the BIMHawk Toolkit on the basis set out in this EULA. The BIMHawk developer does not sell the BIMHawk Toolkit to you. The BIMHawk developer remains the owner of the BIMHawk Toolkit and all the intellectual property incorporated within the BIMHawk Toolkit at all times.

 

6. Use of The BIMHawk Toolkit

6.1 The BIMHawk toolkit has been developed for the purpose of creating and managing PDTs and PDSs. The toolkit also includes a number of utilities for integrating PDTs and PDSs with BIM authoring software and systems. The publically accessible features of the toolkit include:

6.2 The authoring, publishing and administration features of BIMHawk are only available to CIBSE BIM Steering Group members and authorised manufacturers and trade association representatives. If you are a manufacturer, trade association or BIM content developer who feels they could benefit from the authoring features of BIMHawk please contact the CIBSE BIM Steering Group at pdt@cibse.org. The authoring and management features of BIMHawk are documented in a comprehensive user guide. The guide is only available to authorised users of BIMHawk.

 

7. Intellectual Property Rights

7.1 You acknowledge and accept that the BIMHawk developer is the owner of all intellectual property rights pertaining to the BIMHawk Toolkit system and software, and that you are licenced to use the BIMHawk Toolkit for the purposes described on this website are granted to you free of charge. You acknowledge and accept that you have no rights in, or to, the BIMHawk Toolkit other than the licence to use it in accordance with the terms of this EULA (and all documents referred to in this EULA).

7.2 You acknowledge and accept that CIBSE are the owner of all intellectual property rights relating to the definition, style and branding of PDTs and PDSs. This excludes the product specific information associated with a PDS. This information is owned by the product manufacturers or by the organisation that creates the specific PDS.

7.3 You acknowledge that you have no right to receive or otherwise obtain access to the BIMHawk Toolkit in source code form.

 

8. Limitation of Liability for all Users of the BIMHawk Toolkit

8.1 You accept full responsibility for the selection of the BIMHawk Toolkit to achieve your intended results. You acknowledge that the BIMHawk Toolkit has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the BIMHawk Toolkit meet your requirements.

8.2 To the fullest extent permitted by applicable laws the developers, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

 

9. BIMHawk Registration and Personal Information

9.1 You can access the BIMHawk website without giving any personal information but in order to access the following features of BIMHawk you will need to become a registered user:

9.2 Users are required to provide the following personal data when registering on BIMHawk:

  1. Your Name or Chosen Username
  2. Your Company or the Company you work for
  3. Your email address
  4. A password
BIMHawk administrators gather this information to allow us to confirm your identify.

9.3 Users are required to enable and authenticate their BIMHawk login details by clicking on a link that will be automatically forwarded to the email address provided.

9.4 All passwords are one-way encrypted using a strong encryption algorithm and cannot be decrypted by BIMHawk administrators.

9.5 BIMHawk administrators process your personal data only for specific and limited purposes and ask only for data that is adequate, relevant and not excessive for those purposes.

9.6 BIMHawk administrators may contact you occasionally to inform you of new products, services or events that may be of interest to you. Some of these purposes include the following:-

9.7 BIMHawk administrators will never share, sell or distribute your Personal Data to third parties for marketing and direct selling purposes.

9.8 Whilst the developers of BIMHawk have taken reasonable precautions to ensure that the user information we store is secure and will not be disclosed or passed on to any third party, we cannot guarantee that the data will not be maliciously hacked or stolen. Any potential user of the BIMHawk Toolkit must fully accept this position before registering their details on BIMHawk.

9.9 Upon receipt of your written request and enough information to permit us to identify your personal data, we will disclose to you the personal data we hold about you. We will also correct, amend or delete any personal data that is inaccurate. If you wish to access or correct your personal data please email pdt@cibse.org.

 

10. Cookies Policy

10.1 A cookie is a small text file that is passed from a web server to a web browser. The cookie is sent back to the server each time the browser requests a webpage from the server. Cookies can be used to save information from one webpage for use within another. Cookies can also be used to identify and track which pages a user visits.

10.2 Cookies can be 'persistent' cookies or 'session' cookies. A persistent cookie is stored by the web browser and will remain valid until its set expiry date (or until it is deleted by the user). A session cookie will automatically be deleted by the web browser when the web browser is closed.

10.3 BIMHawk only uses session cookies to determine if a registered user is 'logged in'. These cookies are deleted automatically when the browser is closed. Logging out of BIMHawk will also destroy any session cookie created by BIMHawk.

10.4 BIMHawk does not use any tracking or persistent cookies for registered or unregistered users.

 

11. Virus Protection

The developer makes every effort to check and test material at all stages of production. Visitors using the website do so at their own risk. It is good practice for users to run a regularly updated anti-virus program on all material downloaded from the Internet. The developer cannot accept any liability for any loss, disruption or damage to your data or your computer system which may occur whilst using material downloaded from the website or any linked website.

 

12. Logos and Graphics

The copying and use of the BIMHawk logo is not permitted without prior approval of the BIM administrators. Permission requests should be directed to pdt@cibse.org. Please explain who you are, the name and objectives of any organisation you represent and the reasons why you wish to use the BIMHawk logo.

The BIM Hawk logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress ('the Marks') of the developers. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

 

13. Your Obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access of this website.

In consideration of your use of the website, you agree to provide true, accurate, current and complete information about yourself as prompted by the website's registration form and maintain and promptly update the registration data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the website.

You are responsible for maintaining the confidentiality of your registration details, and are fully responsible for all activities that occur under your login, whether by you or by anyone else using your account and password. You agree to use the website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your registration details and until we are so notified you will remain liable for any unauthorised use of your account.

You agree to indemnify, release and hold the developers harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of the terms of this EULA or your access or use of this website or any of the information, materials, products or services available through this website.

 

14. Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently the BIMHawk website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

 

15. Waiver

Failure or neglect by the developers to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the developer's rights hereunder nor in any way affect the validity of the whole or any part of the terms of this EULA nor prejudice the developers rights to take subsequent action.

 

16. Assignment

Neither this EULA nor the benefit of this website may be assigned or transferred by you whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of the developer, and the developer reserves the right to charge for any time or costs incurred in so doing. No such assignment by you howsoever occurring shall relieve you of your obligations hereunder.

The developer is fully entitled to assign or transfer this EULA or the benefit of the website at any time.

 

17. Invalidity

If at any time any provision of this EULA is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair:

 

18. Law & Jurisdiction

This EULA shall be governed and construed in accordance with English law and this website is operated from England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside England.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

 

IMPORTANT NOTICE TO ALL USERS:

BY ACCESSING AND USING THE BIMHAWK TOOLKIT YOU AGREE TO THE TERMS OF THIS EULA WHICH ARE BINDING UPON YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 8.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MAY NOT ACCESS AND USE THE BIMHAWK TOOLKIT AND YOU MUST DISCONTINUE USING THE SITE IMMEDIATELY.

You should print a copy of this Licence for future reference.

Contact Us | End User Licence Agreement | NG Bailey Ltd