END-USER LICENSE AGREEMENT FOR ROYALTY-FREE SOFTWARE OF SOLIDWORKS CORPORATION

END-USER LICENSE AGREEMENT FOR ROYALTY-FREE SOFTWARE
OF DASSAULT SYSTÈMES SOLIDWORKS CORPORATION

 

IMPORTANT - READ CAREFULLY:

 

The terms and conditions that follow set forth a legal agreement between you the end user (either an individual or an entity), and Dassault Systèmes SolidWorks Corporation, a Delaware corporation with its principal place of business at 175 Wyman Street, Waltham, Mass. 02451 USA ("SolidWorks"), relating to the computer software of SolidWorks accompanying this Agreement (the "Software"). The term “Software” includes and these terms and conditions also apply to software from third parties, such as the Adobe® PDF library, that is incorporated into certain Software from SolidWorks. You should carefully read these terms and conditions BEFORE downloading and/or installing the Software. Downloading and/or installing the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not permitted to use the software.

 

1. GRANT OF LICENSE. SolidWorks grants to you a royalty-free, nonexclusive license to use the Software in accordance with this Agreement for your own internal business purposes.

 

2. OWNERSHIP OF THE SOFTWARE/ RESTRICTIONS ON COPYING/ OTHER RESTRICTIONS. SolidWorks or its licensors own and will retain all copyright, trade secret and other proprietary rights in and to the Software. THE SOFTWARE AND ANY DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers and these license terms. You may not transfer, sell, license, sublicense, lease or rent the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to selection of the Software to achieve your intended results and for establishing adequate backup to prevent the loss of data in the event of a malfunction of the Software.

 

3. TERM. The license granted herein will continue until it is terminated by SolidWorks, in its sole discretion, with or without cause. Upon the termination of the license for any such reason, you will destroy all copies of the Software covered by the license. The provisions of Articles 2, 3, 4, 7 and 8 of this Agreement shall survive any termination of this Agreement.

 

4. "AS-IS" WARRANTY & DISCLAIMERS

 

            a. "AS IS" Warranty. SolidWorks provides the Software to you AS IS and without a warranty of any kind.  SolidWorks does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. 

If you submit data to an Internet site hosted by SolidWorks, SolidWorks will not be responsible for restoring data deleted by you.

 

            b. Limitations on Warranties. The express warranty set forth in this Article 4 is the only warranty given by SolidWorks with respect to the Software furnished hereunder; SolidWorks and its licensors make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of non-infringement, merchantability, and fitness for a particular purpose.

 

            c. Limitations on Liability. To the extent permitted under applicable law, in no event shall SolidWorks or its licensors be liable for special, indirect, incidental or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the Software furnished hereunder, even if SolidWorks or its licensors have been advised of the possibility of such damages.

 

d. Nonconformance. In the event of any failure of the Software to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

 

e. End-user and Third Party Claims. You, as does SolidWorks, acknowledge that SolidWorks, not Apple, is responsible for addressing any claims you or a third party has relating to the Software or your possession or use thereof, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

5. U.S. Government Restricted Rights.

The Software is a “commercial item” as that term is defined at 48  C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S. Government (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-4 (JUN 1995).

 

In the event that you receive a request from any agency of the U.S. government to provide Software with rights beyond those set forth above, you will notify SolidWorks of the scope of the request and SolidWorks will have five (5) business days to, in its sole discretion, accept or reject such request. Contractor/Manufacturer: Dassault Systèmes SolidWorks Corporation, 175 Wyman Street, Waltham, Massachusetts 02451 USA.

 

6. European Software Directive. If the provisions of the Council of European Communities Directive of May 14, 1991, on the Legal Protection of Computer Programs as implemented in applicable national legislation (the "Software Directive") apply to your use of the Software, and you wish to obtain the information necessary to achieve interoperability of an independently created computer program with the Software as permitted under Article 6 of the Software Directive ("Interoperability Information"), you must notify SolidWorks in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If SolidWorks reasonably determines that you are entitled to such Interoperability Information under the Software Directive, SolidWorks shall, at its option, either (i) provide such Interoperability Information to you, or (ii) allow you to reverse engineer the Software, within the limits and for the purposes prescribed by the Software Directive, solely to the extent indispensable to obtain such Interoperability Information. If SolidWorks elects clause (i), you will provide any information and assistance reasonably requested by SolidWorks to enable SolidWorks to perform clause (i), and SolidWorks may charge you a reasonable fee for making available the requested Interoperability Information, unless such a fee is prohibited under the Software Directive.

 

7. Export Control Restrictions. The Software is subject to the export control laws of the United States, which prohibit the export of the Software to certain persons and to persons in certain countries. In addition, you represent and warrant that (i) you are not listed on any U.S. Government list of prohibited or restricted parties, (ii) you are not a citizen of or located within an embargoed or otherwise restricted nation (including, without limitation, Cuba, Iran, Libya, North Korea, Sudan, and Syria or any country to which the United States embargoes goods or designates as a “terrorist supporting” country), and (iii) you are not otherwise prohibited under the export control laws from receiving the Software.  You agree not to export or re-export the Software or the Documentation without the appropriate United States or foreign government licenses and the written approval of SolidWorks and its licensors.

8. Third Party Beneficiary. You, as does SolidWorks, acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the End User License Agreement, and that, upon your acceptance of the terms and conditions herein, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary.

9. Consent to Use of Data. You agree that SolidWorks may collect periodically and use technical data and related information, including but not limited to technical information about your device, system, application software, and peripherals, to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. SolidWorks may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

10. General Provisions. This Agreement will be deemed a contract under seal and shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles and the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

11. Language.

 

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only.

 

Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.

 

12. Contact Information. You should address any questions or complaints regarding the Software to support@edrawingsviewer.com, or phone +1 (781) 810-5011.

 

Adobe is either a registered trademark or a trademark of Adobe Systems Incorporated in the United States and other countries.

 

You further agree that this Agreement is the complete and exclusive statement of your agreement with SolidWorks relating to the Software and supersedes any other agreement, oral or written, or any other communications between you and SolidWorks relating to the Software.