Terms of Use Agreement

 
 

Dassault Systèmes SolidWorks (“DS SolidWorks”) provides you, the user, with access to this website (“Site”) as a convenience, but subject to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of this Site and of the Software. DS SolidWorks reserves the right to modify, alter, or update the terms and conditions of these Terms of Use at any time and without prior notice. Modifications shall become effective immediately upon being posted at this Site. Your continued use of this Site or of the Software after any amendment is posted constitutes an acknowledgement and acceptance of these Terms of Use and any modifications to them and your consent to the use and disclosure of your personally identifiable information and other practices as described in the DS SolidWorks Privacy Policy Statement (http://www.solidworks.com/sw/privacypolicy.htm).

Except as provided in this paragraph, these Terms of Use may not be amended.

Description of Content. DS SolidWorks is providing you with access to the Software and with any materials displayed, transmitted or performed on this website (including but not limited to text, user comments, messages, information, data, graphics, images, and illustrations, also known as the "Content"). Except for that portion, if any, that is owned by one or more third parties, all Content is the exclusive property of DS SolidWorks and/or its licensors and is protected by U.S. and/or international copyright laws.

Disclaimer of Warranties. This Site is provided by DS SolidWorks on an “as is” and on an “as available” basis. To the extent permitted by applicable law, DS SolidWorks makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or DS SolidWorks shall have no liability for any interruptions in the use of this Site. DS SolidWorks disclaims all warranties with regard to the information provided, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability. DS SOLIDWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DS SOLIDWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. You agree to indemnify and hold DS SolidWorks and its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of the Software or this Site, (ii) the violation of these Terms of Use, or (iii) any infringement, by you or by another user of this Site who obtains access to it through use of your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service. DS SolidWorks reserves the right to change, suspend or discontinue this Site (including any Content), at any time and with or without notice to you, and shall not be liable to you or to any third party in the event it exercises its right to effect such change, suspension or discontinuation. You acknowledge and accept that DS SolidWorks does not guarantee continuous, uninterrupted or secure access to this Site and that one or more factors or circumstances outside of DS SolidWorks’ control may interfere with or adversely affect operation of this Site. DS SolidWorks may at any time and for any reason, including the availability of any feature or content, impose limits on certain features and services or restrict your access to parts or all of the Software or this Site without notice or liability.

Third-Party Sites. This Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that DS SolidWorks is not responsible for the availability of, or the content located on or through, any third-party site. Your use of any third-party sites is subject to the terms of use and privacy policies of each such site, for which DS SolidWorks has no responsibility.

Copyright and Trademark Information. All Content not submitted by users, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is ©2017 Dassault Systèmes SolidWorks Corporation, with all rights reserved, or is the property of DS SolidWorks and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DS SolidWorks is strictly prohibited. Except as expressly provided in these Terms of Use, your use of and access to this Site does not grant you any license or right to use any of DS SolidWorks' trademarks, trade names or copyrights. DS SolidWorks vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights.

Prohibited Postings. With the exception of personally identifiable information discussed in the DS SolidWorks Privacy Policy, any material, information, emails, or other communication you transmit to DS SolidWorks or post to this website ("Communications") will be considered non-confidential and non-proprietary. DS SolidWorks will have no obligations with respect to such Communications, other than as provided in the DS SolidWorks' Privacy Policy. DS SolidWorks and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, tests, and other things embodied therein for any and all commercial and non-commercial purposes. You may not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential, or other material that would violate any law, including but not limited to copyright, trademark, trade secret, or any rights of third parties.

At its sole discretion, DS SolidWorks may monitor or review any areas on this Site in which users transmit or post Communications. DS SolidWorks will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity, or otherwise.

User Conduct. You agree not to use the Software or this Site for any illegal or unauthorized purpose or anything prohibited by these Terms of Use, including, without limitation: (i) to abuse, harass, threaten, impersonate or intimidate other Site users; or (ii) to post or transmit, or cause to be posted or transmitted, any Content that is infringing, defamatory, libelous, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party. You also agree not to create or submit unwanted email to any other Site users or any URL or to violate any applicable copyright or other laws, and you will not use any automated means or manual process to access the Site for any purpose without the express written permission of DS SolidWorks. In addition, you agree that you will not take any action that imposes or may impose an unreasonable or disproportionately large burden on DS SolidWorks’ systems or infrastructure; interfere or attempt to interfere with the proper working of this Site or any activities conducted on it; or bypass any measures that DS SolidWorks may use to prevent or restrict access to this Site.

If you are a user residing or using the Software outside the United States, you agree to comply with all local laws regarding online conduct and content and to not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Site.

Export control. By downloading or accessing software or technical data, you are agreeing not to import, export, or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export, or provide the software or technical data (i) to a national or resident of Cuba, Iran, Sudan, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of March 2008 but is subject to change), (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists, or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export SolidWorks products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government.

Compliance with Laws. You assume all knowledge of applicable laws and are responsible for compliance with such laws. You may not use the Software or this Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You also agree not to transmit any material that encourages conduct that could constitute a criminal offense; give rise to civil liability; or otherwise violate any applicable local, state, national, or international law or regulation.

Other Terms. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by DS SolidWorks, in its sole discretion.

Applicable Laws. This Site is controlled by Dassault Systèmes SolidWorks Corporation from its offices in Waltham, Massachusetts. DS SolidWorks makes no representation that materials at this Site are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Anyone who accesses this Site from another jurisdiction shall is and shall remain responsible for compliance with applicable local laws. Any claim relating to the materials on this Site shall be governed by the substantive laws of the Commonwealth of Massachusetts, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to this Site shall be finally settled by a competent court of Massachusetts.