This Be Employable Initiative Agreement (“Agreement”) is made as of the “Effective Date” by and between the party that meets the Eligibility Requirements and accepts these terms by clicking “I AGREE” where indicated below (“You” or “Your”) and Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685 Stockton Drive, Exton, Pennsylvania 19341. All references herein to “Bentley” include Bentley Systems, Incorporated and its direct and indirect subsidiaries.
YOU ENTER INTO THIS AGREEMENT TO SUBSCRIBE TO THE BENTLEY Be Employable Initiative TO ACQUIRE LICENSING PRIVILEGES AND SERVICES OFFERED FROM TIME TO TIME UNDER BENTLEY’S Be Employable Initiative. YOUR CLICKING “I AGREE” WHERE INDICATED BELOW CONSTITUTES AGREEMENT AND ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT CLICK “I AGREE” AT EACH INSTANCE PROVIDED BELOW AND PROVIDE ALL REQUESTED INFORMATION, YOU WILL NOT BE GRANTED A SUSBCRIPTION TO THE Be Employable Initiative OR ACCESS TO THE PROGRAM BENEFITS.
Be Employable Initiative: Bentley’s BE Employable Initiative shall consist of (1) the distribution to You of one or more of the Be Employable Product licenses listed at www.Bentley.com/BeEmployableFAQ, which licenses shall be managed by a Bentley hosted SELECT Server, and (2) access to Be Employable Initiative related training options.
Eligibility Requirements. You may receive benefits as a subscriber to the Be Employable Initiative during the term of this Agreement for so long as, and on the condition that, You agree to and comply with the following “Eligibility Requirements”:
(1) You currently do not have a permanent or temporary, full-time or part-time, paying job in the infrastructure (i.e. architectural, engineering or construction) industry (i.e. You are “
Unemployed”).
(2) You agree to stop using Be Employable Initiative benefits and to notify Bentley when You are no longer Unemployed.
(3) You acknowledge that Your access to Be Employable Initiative benefits is purely for non-commercial, individual, training and education purposes, and agree that You will not use Be Employable Initiative benefits for any other commercial purpose, including, but not limited to, providing any fee or transaction based services.
(4) You authorize Bentley to: (i) contact You to discuss other Bentley program benefits, and to request Your input on surveys related to the Be Employable Initiative, and (ii) to track and analyze Your individual usage of Be Employable Initiative benefits (i.e. associate Your username to Your device name on our SELECT Server and LEARN Server to track Your products usage and training).
I agree to and/or affirm that I meet the above Eligibility Requirements.
End User License Agreement. The terms and conditions applicable to Your use of any software and technical or training information provided to You by Bentley under the Be Employable Initiative (the “Be Employable Product(s)”) shall be governed by the end user license agreement that is delivered with such software and technical and training information.
Ownership; Infringement Claims. You acknowledge that the ownership of all right, title and interest in any Be Employable Product is and shall remain solely vested in Bentley. You shall promptly notify Bentley of (i) any unauthorized use or infringement by any third party of any Be Employable Product, and (ii) any assertion by any third party that Your use of any Be Employable Product constitutes copyright infringement or any similar claim.
Term. This Agreement shall become effective as of the date Bentley notifies You of Bentley’s acceptance of Your request to subscribe to the Be Employable Initiative under the terms of this Agreement (the “Effective Date”) and shall continue for a term of one (1) month thereafter, or the date on which You are no longer Unemployed, whichever date is earlier.
Consequence of Termination. Upon the termination of this Agreement, You shall (i) cease use of all Be Employable Products licensed and delivered to you under this Agreement and (ii) destroy or uninstall and delete any and all copies of Be Employable Products in Your possession at the time of such termination. The provisions of this Agreement which, by their terms, require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination.
Confidentiality. You shall not disclose Confidential Information to any third parties who are not required to have knowledge of same to exercise its rights or to carry out the purposes of this Agreement. You must treat the Confidential Information with the same degree of care as it protects its own confidential information and in no case less than a reasonable degree of care. “Confidential Information” means any Be Employable Products that Bentley delivers to You from time to time.
Miscellaneous. Bentley shall not be liable for failure to fulfill the terms of this Agreement due to causes that are beyond its control. You may not assign or otherwise transfer this Agreement or any of Your rights hereunder to any third party without the prior written consent of Bentley. The failure of either party to insist upon any of its rights hereunder shall not be deemed a waiver of other rights. The terms of this Agreement which, by their nature, require performance by You after the expiration of this Agreement shall be enforceable notwithstanding such expiration. The provisions of this Agreement shall be severable and the invalidity or enforceability of one provision shall not affect any other. Bentley’s relationship with You shall be that of an independent contractor. All notices pertaining to this Agreement, including but not limited to changes of location and notices of dispute, and the like, shall be addressed to Bentley’s general counsel at the address set forth in this Agreement. You agree that all claims or disputes relating to this Agreement shall be submitted for final, binding arbitration before a single arbitrator in accordance with the laws of Pennsylvania and within the jurisdiction of Philadelphia, Pennsylvania and according to the Commercial Rules of Arbitration of the American Arbitration Association.
Entire Agreement. This Agreement, in addition to any end user license agreement delivered with a Be Employable Product, contains the entire Agreement between You and Bentley and supersedes all prior oral or written understandings or Agreements between you and Bentley with respect to the subject matter hereof. The terms and conditions of this Agreement, and any amendments or modifications to this Agreement shall be in writing and duly executed by You and Bentley.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT I AM NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN.
I ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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