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
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.