My3DEXPERIENCE INDUSTRIES PRODUCTS & SERVICES HOW TO BUY SUPPORT TRAININGMORE... TERMS OF USE Terms of Use 3DS.COM TERMS OF USE This page states the terms and conditions governing your use of the 3DS.COM website. Please read them carefully. These terms and conditions may be updated and amended by us from time to time, so please visit this page periodically to review them. By using this site, you signify that you agree with these terms of use. If you do not accept the following terms and conditions, do not use this site or the services provided therein. In addition, (i) when you use any current or future service or purchase any current or future product on this site, you will also be subject to the applicable terms and conditions of sale, (ii) when you join communities though DS Platform available at https://swym.3ds.com” , you will also be subject to the “Swym.3ds.com Terms of use”. 1. ACCEPTANCE OF TERMS OF USE Welcome to 3DS website (hereinafter “the Site”), a service provided by Dassault Systèmes S.A. and its affiliates (hereinafter “We”, “Our” or “Us”). By visiting the Site, by providing Us with information, by using the services offered by the Site and/or by purchasing products from the Site, you agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree with any of these terms, then please do not use the Site. 2. DESCRIPTION OF SERVICE The Site is offered to you, the user (hereinafter “User(s)”, “You” or “Your”) who connects to the Site and uses Our services enabling access to a variety of resources, including download areas, product information, support services for customers and partners, other information and online purchasing of some of Our products (hereinafter the “Service”). You are responsible for obtaining access to the Service. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the Service. We will endeavour to allow uninterrupted access to the Site. However, access to the Site may be suspended, restricted or terminated at any time and without notice and We shall not be liable if for any reason the Site is unavailable at any time or for any period. 3. REGISTRATION – PASSWORD – SECURITY In order to fully use the Site and buy Our products, You must register with Us by opening a free of charge account. In consideration of Your registration to the Service, You represent that You are at least 18 years of age, that You have the legal right to accept these Terms of Use, including the right to do so on behalf of Your organization if You use the Service for professional purposes, and are not barred from receiving products and services under the laws of any applicable jurisdiction. In so doing, You will be prompted to provide certain information and to create an account name and password. You agree to (a) provide true, accurate, current and complete information about Yourself; and (b) maintain and promptly update Your profile to keep it true, accurate, current and complete. You are fully responsible for maintaining the confidentiality of Your password and account for all activities that occur under Your password or account. DS Privacy Policy, available at the home page http://www.3ds.com will govern the use of Your personal data. 4. YOUR CONDUCT WHEN USING THE SITE OR THE SERVICE You understand that any content you may post is of your sole and unique responsibility and that You are solely responsible for your conduct on the Site. This means that only You, and not Us, are responsible for all content that You may upload, post, license, sublicense, display or otherwise make available via the Service or the Site. DS does not control the content posted via the Site or Service and, as such, may not guarantee the accuracy, integrity or quality of such content or that it does not violate any laws or rights of others. You further acknowledge that You will not: Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations; Harm minors in any way; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Service or the Site; Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; To interfere with or disrupt the Site, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site; Use any elements available on the Site (including, without limitation, textures files) except if specifically authorized on the Site or through a separate license; Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service; Stalk or otherwise harass another; 10. Create, send or submit unwanted email to any other user of the Site or Service; Create, send or submit unwanted email to any other user of the Site or Service; Collect or store personal data about other users of the Site or Services where relevant in connection with the prohibited conduct and activities set forth above; and/or Violate in any manner any applicable laws. Do not insert hyperlinks in the content You post linking to Your or third party sites or content which You have not checked to ensure they comply with the abovementioned guidelines or which may violate the Terms of Use. You acknowledge, consent and agree that (i) We may remove any content that violate the Terms of Use and that (ii) DS may access, preserve and disclose your account information, if any, and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: Comply with legal obligations; Enforce the Terms of Use; Respond to claims that any content violates the rights of third parties; or Protect the rights, property or personal safety of any person. By posting any content to DS Community Sites or Blogs, You grant DS a worldwide, royalty-free, sub-licenseable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt to DS standards and publicly display the content in connection with the promotion of DS products and services , for the duration of the legal protection of the intellectual property rights. 5. LINKS TO THIRD PARTY WEBSITES We have no control over any of the third party websites to which the Site has links nor do We contribute in any manner to these third party websites and We assume no responsibility for the contents of any third party websites to which the Site has links. These links are provided solely as a convenience to You. If You use these links, You will leave the Site. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party websites linked to the Site, You do so entirely at Your own risk. 6. LINKING TO THE SITE You may link to the Site if you do not replicate the home page of the Site and subject to the following conditions: (a) You do not remove, distort or otherwise alter the size or appearance of Our logos; (b) You do not create a frame or any other browser or border environment around the Site; (c) You do not in any way imply We are endorsing any products or services other than Our own products and services; (d) You do not misrepresent Your relationship with Us nor present any other false information about Us; (e) You do not otherwise use any of Our trademarks displayed on the Site without Our prior express written permission; (f) Your website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause. 7. LIMITED LICENSE TO ACCESS AND USE THE SITE – PROPRIETARY RIGHTS OF DASSAULT SYSTEMES You acknowledge and agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All materials and contents of the Site, including without limitation, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Dassault Systèmes, and are subject to copyright and other intellectual property rights under all applicable laws. All rights not expressly granted to You in these Terms of Use are reserved. None of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission. You may not make any derivative use of this Site or its contents. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent. We grant You a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with Our prior express written consent. You are permitted to print and download extracts from the Site for Your own personal use on the following basis: (a) No documents or related graphics on the Site are modified in any way; (b) No graphics on the Site are used separately from the corresponding text; and (c) Our copyright and trademark notices and this permission notice appear in all copies. For the avoidance of doubt, this clause does not permit any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited. Any unauthorized use terminates the permission or license granted by Us. 8. SOFTWARE AVAILABLE Any software that is made available to download from this Site, whether for free or subject to payment of a license fee (“Software”) is the copyrighted work of Dassault Systèmes, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not download, install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms through the double-click acceptance process provided on the Site. For any Software not accompanied by a License Agreement, Dassault Systèmes hereby grants You a personal, non-transferable license to use the Software for viewing and otherwise using this Site in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, copying and reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to all applicable countries export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions. 9. EXCLUSIONS AND LIMITATIONS OF LIABILITY The Site and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the Site or the information content, materials or products on the Site. We exclude all representations, warranties, conditions and other terms which but for this clause might have effect in relation to the Site, including but not limited to: (a) The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world; (b) As to non-infringement of any third party’s intellectual property rights of any content published or made available through the Site; (c) As to the server(s) that make(s) the Service available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the Site. We do not guarantee that the Site will be error free and do not accept liability for any errors or omissions. You expressly agree that Your use of the Site is at Your sole risk. We shall use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after being notified of them. Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed. Dassault Systèmes and any of Our group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result in any manner to You or a third party in connection with the Site and/or the Service or in connection with the use, inability to use, or the results of use of the Site and/or the Service, any third party websites linked to the Site, or the material on such websites, including, without limitation, any indirect, punitive or consequential loss or damages and any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Site or Your downloading of any material from the Site or any third party websites linked to any of the Site and whether in tort (including without limitation negligence), contract or otherwise. Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law. If Your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof. 10. ELECTRONIC COMMUNICATIONS When You visit the Site, buy Our products or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Site. You agree that, to the extent permitted by applicable law, all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. 11. MODIFICATION OF SERVICE We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (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 modification, suspension or discontinuance of the Service. You agree to review the most current version of the Terms of Use. 12. APPLICABLE LAW - JURISDICTION The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the Site or the Services shall be brought before the exclusive jurisdiction of the competent Courts of France. Date Last Modified These Terms of Use were last modified on July, 2010. 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