Education License Agreement - Student Edition
SolidWorks 2012 Student Edition EULA
DASSAULT SYSTEMES SOLIDWORKS CORPORATION
STUDENT EDITION LICENSE
IMPORTANT - READ CAREFULLY: The terms and conditions that follow set forth a legal agreement (“Agreement”) between you (a currently enrolled student at an accredited educational institution or a faculty member of such an institution) and Dassault Systèmes SolidWorks Corporation, a Delaware corporation with its principal place of business at 175 Wyman Street, Waltham, MA 02451 (“DS SolidWorks”). This Agreement relates to the computer software known as SolidWorks® and certain other related software modules, (including the SolidWorks Simulation® line of analysis products in all countries), if applicable (collectively, 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 DS SolidWorks software. You should read these terms and conditions carefully BEFORE opening the case that contains the Software or installing and using the Software. Opening the case containing the Software or installing and using the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, promptly return the case containing the Software and the accompanying items (including written materials) for a refund. This is a license agreement and not an agreement for sale.
Eligibility for Student Edition License; Distinctions from Commercial Version. You acknowledge that Student Edition Licenses are provided to individual students and faculty at accredited educational institutions at prices that are significantly less than the prices to commercial users. As a consequence, Student Edition Licenses contain use restrictions that are not found in commercial licenses of the Software. Only students and faculty who meet the following criteria are qualified to purchase Student Edition Licenses:
— You are a current, degree-, diploma-, or certificate-seeking student or full-time faculty member at an accredited educational institution. A degree-, diploma-, or certificate-seeking student is defined as a student who can confirm enrollment in three credit hours of courses per semester and is accepted into a degree- or diploma-granting program OR can confirm enrollment in a certificate-granting program having a duration of four or more months.
— You plan to use the Software and the files created by the Software for your personal learning purposes ONLY, e.g., not for in-person, remote or online instruction; independent consulting work; or any commercial purpose whatsoever. You may, however, use the Software and such files for any preparation of instructional materials for your own use.
Please note the following features in the Student Edition product:
— A student license for the Software expires after the number of months specified on the package, i.e., 12 months), does not include Subscription Service, and is not upgradeable.
— The Software uses a soft-lock mechanism to limit installation to one computer only.
— The Software contains on-screen and printing features that identify the software and the related files as the “SolidWorks Student Edition,” making it unsuitable for use in a professional environment; furthermore, files created by the Software may be prevented from being read by commercial versions of DS SolidWorks software.
— The packaging for the Student Edition uses the English language only; however, the Software has foreign-language versions and may be installed using any one of such language versions.
1. GRANT OF LICENSE. DS SolidWorks grants to you a nonexclusive, nontransferable license to use the Software and the printed and/or electronic user documentation (the “Documentation”) accompanying the Software in accordance with this Agreement (“License”). You may use one copy of the Software on any single computer for the period of time specified on the package (12 months) from the date of initial installation provided that you comply with the terms of this License. Following the end of the specified 12-month period, the Software will no longer function. The Software is licensed to you for EDUCATIONAL USE ONLY and NOT FOR COMMERCIAL USE. You understand that your right to use the Software will automatically terminate if you fail to comply with the terms of this License.
When working with the Adobe PDF software, you may embed copies of the font software into your electronic documents for the purpose of printing, viewing, and editing the document. If the font software you are embedding is identified as “licensed for editable embedding” on Adobe’s website at http://www.adobe.com/type/browser/legal/embeddingeula.html, you may also embed copies of that font software for the additional purpose of editing your electronic documents. No other embedding rights are implied or permitted under this license.
2. OWNERSHIP OF THE SOFTWARE/RESTRICTIONS ON COPYING. DS SolidWorks or its licensors own and will retain all copyright, trade secret and other proprietary rights in and to the Software and the Documentation. THE SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. Each DS SolidWorks licensor is a third-party beneficiary of this Agreement. Unauthorized duplication of the Software constitutes copyright infringement and in the United States is punishable in a federal criminal action by a fine of up to US$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced or liquidated damages of up to US$100,000 for willful copyright infringement. You obtain only such rights as are specifically provided in this Agreement. You may not copy the Software into any machine-readable form except one copy for back-up purposes. You may not remove from the Software or Documentation 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.
3. OTHER RESTRICTIONS ON USE. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not use any portion of the Software separately from or independently of the Software and other than for your normal educational purposes. You may not provide access to or use of the Software to any third party; consequently, you may not sell, license, sublicense, assign, transfer, lease or rent (including via an application service provider (ASP) or timeshare arrangement) the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not analyze for purposes competitive to DS SolidWorks, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software (except in accordance to Article 9 of this Agreement, if applicable), as it contains trade secrets (such as the Software’s structure, organization, and code) of DS SolidWorks and its licensors. You may not use any computer hardware or software designed to defeat any copy protection or use limitations contained in the Software. You may not use the Software, the files generated by the Software, or Documentation for any commercial purpose nor may you enable others to use the files generated by the Software for any commercial purpose, such as distributing a file to a commercial entity; therefore, DS SolidWorks reserves the right to prevent files created by the Software from being read by commercial versions of DS SolidWorks software. You may not use the Software or Documentation for any purpose unless you meet the eligibility criteria outlined above.
5. TERM. The License granted herein is for the period of time specified on the package, i.e., 12 months from the date of installation. In addition, DS SolidWorks may terminate the license granted herein immediately upon written notice to you for justified cause, including without limitation, breach of any provision of Article 2 or 3 of this Agreement. Upon the termination of the License for any such reason, you will promptly return to DS SolidWorks or destroy all copies of the Software and Documentation covered by the License as instructed by DS SolidWorks. The provisions of Articles 2, 3, 4, 5, 6, 7 and 10 of this Agreement shall survive any termination of this Agreement.
6. RESPONSIBILITY FOR SELECTION AND USE OF SOFTWARE. THE SOFTWARE IS A TOOL THAT IS INTENDED TO BE USED TO EDUCATE AND TRAIN STUDENTS ONLY. IT IS NOT TO BE A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR INDEPENDENT TESTING OF PHYSICAL PROTOTYPES FOR PRODUCT STRESS, SAFETY AND UTILITY; YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE SOFTWARE. DS SOLIDWORKS SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS, THE DETERMINATION OF THE APPROPRIATE USES FOR SOFTWARE, THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE, AND ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE PRODUCTS DESIGNED.
7. LIMITED WARRANTY, EXCEPTIONS & DISCLAIMERS.
a. Limited Warranty. DS SolidWorks warrants that, for a period of thirty (30) days from the date of receipt by you, the media on which the Software is furnished will be free of defects in materials and workmanship under normal use. DS SolidWorks’ entire liability and your sole remedy under this warranty shall be to replace the nonconforming media. You should return the defective media to Dassault Systèmes SolidWorks Corporation, 175 Wyman Street, Waltham, MA 02451 USA, Attn: Order Admin Warranty Administration, along with your receipt. Any replacement media will be warranted for the remainder of the original warranty period or ten (10) days from the date of receipt by you, whichever is longer. If such remedy fails, DS SolidWorks shall refund the price you paid for the Software (upon your return of the nonconforming media to DS SolidWorks with a copy of your receipt) or provide such other remedy as may be required by law. This warranty gives you specific legal rights. You may also have other rights that vary from state to state or country to country.
b. Exceptions. DS SolidWorks’ limited warranty as to the media is void if breach of the warranty has resulted from (i) accident, corruption, misuse or neglect of the media or (ii) acts or omissions by someone other than DS SolidWorks. DS SolidWorks does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
c. Limitations on Warranties. Except for the express warranty set forth in this Article 7, to the maximum extent permitted by applicable law, neither DS SolidWorks nor any of its licensors, including, without limitation, Adobe, makes any other warranties, express, implied or arising by custom or trade usage, and DS SolidWorks and its licensors each specifically disclaims the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event may you bring any claim, action or proceeding arising out of a breach of the warranty set forth in this Article 7 more than one (1) year after the date on which such breach occurred. If the Software was purchased in the United States, the above exclusions may not apply to you as some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights that vary from state to state.
d. Limitations on Liability. Except as required under local law, the liability of DS SolidWorks and/or its licensors, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with the Software or Documentation furnished hereunder shall not exceed the license fee you paid for the Software. In no event shall DS SolidWorks and/or its licensors be liable for special, indirect, incidental, punitive or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits, loss of goodwill or loss of business) arising out of or in connection with the use of or inability to use the Software or Documentation furnished hereunder, even if DS SolidWorks and/or its licensors have been advised of the possibility of such damages. Notwithstanding the foregoing, in no event shall DS SolidWorks’ liability be limited in the case of death or personal injury arising as a result of the negligence or willful misconduct of DS SolidWorks.
8. 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 DS SolidWorks of the scope of the request and DS 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, MA 02451.
9. 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 DS SolidWorks in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If DS SolidWorks reasonably determines that you are entitled to such Interoperability Information under the Software Directive, DS 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 DS SolidWorks elects clause (i), you will provide any information and assistance reasonably requested by DS SolidWorks to enable DS SolidWorks to perform clause (i), and DS SolidWorks may charge you a reasonable fee for making available the requested Interoperability Information, unless such a fee is prohibited under the Software Directive.
10. General Provisions. You acknowledge that the Software and the Documentation may be subject to the export control laws of the United States or the United Kingdom and you agree not to export or re-export the Software or the Documentation (including, without limitation, moving the Software from the country in which you first licensed it) without the appropriate United States or foreign government licenses and the written approval of DS SolidWorks and its licensors. This Agreement shall be governed by and construed and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts without giving effect to any choice-of-law rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods and will be deemed a contract under seal. The English-language version of this Agreement shall be the authorized text for all purposes, despite translations or interpretations of this Agreement into other languages. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision or portion shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. This Agreement is the entire agreement between you and DS SolidWorks with respect to the subject matter and supersedes any other communication or advertising with respect to the Software and Documentation.
11. Canadian Sales. If you obtained this product in Canada, you agree to the following: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. Adobe Trademark. Adobe is either a registered trademark or a trademark of Adobe Systems Incorporated in the United States and other countries.
13. Microsoft Updates. From time to time, DS SolidWorks may re-distribute Microsoft software components. You are eligible for such Microsoft components and warrant that you will install them only if you possess a validly licensed copy of the Microsoft products to which they relate.
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