SolidWorks Engineering Stimulus Package License Agreement

 

  I have read and agree to the SolidWorks Engineering Stimulus Package License Agreement.

DS SOLIDWORKS CORPORATION ENGINEERING STIMULUS PACKAGE LICENSE IMPORTANT - READ CAREFULLY: The terms and conditions that follow set forth a legal agreement ("Agreement") between you (an individual who wishes to learn how to use DS SolidWorks software in a non-commercial setting) and Dassault Systèmes SolidWorks Corporation, a Delaware corporation with its principal place of business at 300 Baker Avenue, Concord, Massachusetts 01742 USA ("DS SolidWorks"). This Agreement relates to the SolidWorks® computer software and certain other related software modules, if applicable, such as the Adobe® PDF library that is incorporated into the SolidWorks software (collectively, the "Software"). You should carefully read these terms and conditions BEFORE installing and operating the Software. Installing and operating the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not operate the Software. This is a license agreement and not an agreement for sale. Engineering Stimulus Package License; Distinctions from Commercial Version You acknowledge that Engineering Stimulus Package Licenses are provided to individuals only and at no cost. As a consequence, Engineering Stimulus Package Licenses contain some restrictions that are not found in commercial licenses of the Software. Only those who use the Software for their personal training purposes, e.g., no use for independent consulting work, are eligible to receive a Engineering Stimulus Package License. Please note the following distinctions of the Engineering Stimulus Package version of the product (this list is not comprehensive): -- A Engineering Stimulus Package License for the Software expires after ninety (90) days, does not include Subscription Service, and is not upgradable. -- Models (and the printed output of the Models) that are created and/or opened and saved using the Engineering Stimulus Package version of the Software contain a watermark to prevent their use in a commercial application or environment. -- You must be connected to the Internet to register and install this software. -- The Engineering Stimulus Package software will be node-locked to you and your computer. 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. You may use one (1) copy of the Software on any single computer for ninety (90) days beginning on the date you install the Software, provided you comply with the terms of this License. Following the end of such 90-day period, the Software will no longer function. The Software is licensed to you for PERSONAL INSTRUCTIONAL 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 and/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. Copyright laws in other countries also protect the Software from unauthorized copying. 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. The Software will be node-locked onto the first computer on which you install it. 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 a timeshare arrangement) the Software or the license granted by this Agreement. You may not install or use the Software over the Internet, including, without limitation, use in connection with a Web hosting or similar service, or make the Software available to third parties via the Internet on your computer system or otherwise. 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 with Article 8 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 the Documentation in any commercial setting or on any for-profit projects. You may not use the Software or Documentation for any purpose unless you meet the eligibility criteria outlined above. You acknowledge and agree that your use of the Software or Documentation shall be subject at all times to performance monitoring, which DS SolidWorks shall initiate and maintain via a default mechanism. 4. PRIVACY POLICY. To obtain the Software, you may need to provide DS SolidWorks with certain information about yourself, including but not limited to your name and email address. DS SolidWorks may also query your computer during the installation process to determine information including but not limited to whether you have SolidWorks or other Dassault Systèmes products installed and the characteristics of the computer on which you will operate the Software, such as the video controller or operating system. This computer information is not correlated with your personal identification but is reviewed only in the aggregate and is used to comply with third-party licenses and to better understand the user base to improve the Software. As a condition of downloading and using the Software, you also agree to the terms of the DS SolidWorks privacy policy at http://www.solidworks.com/sw/privacypolicy.htm, which may be updated from time to time without notice. Information collected by DS SolidWorks in connection with your registration for the Software may be stored and processed in the United States or any other country in which DS SolidWorks or its agents maintain facilities. Accordingly, by using the Software, you consent to the transfer of such information outside of your country. 5. TERM. The license granted herein is for a ninety (90)-day period of time from the date you install the Software. If DS SolidWorks extends your license registration, these license terms extend as well. 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 and 9 of this Agreement shall survive any termination of this Agreement. 6. RESPONSIBILITY FOR SELECTION AND USE OF SOFTWARE. COMPUTER-AIDED-DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. SUCH SOFTWARE IS INTENDED TO ASSIST WITH PRODUCT DESIGN AND IS NOT A SUBSTITUTE FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. 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. "AS-IS" WARRANTY, EXCEPTIONS & DISCLAIMERS. a. "AS-IS" Warranty. DS SolidWorks provides the Software to you AS IS and WITHOUT A WARRANTY OF ANY KIND. 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. b. LIMITATIONS ON WARRANTIES. The express warranty set forth in this Article 6 is the only warranty given by DS SolidWorks with respect to the Software furnished hereunder; to the maximum extent permitted by law, DS SolidWorks and its licensors, including, without limitation, Adobe, make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose. If the Software was obtained 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. c. LIMITATIONS ON LIABILITY. The Software has been provided to you at no charge. In no event shall DS 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 or Documentation furnished hereunder, even if DS SolidWorks or its licensors have been advised of the possibility of such damages. 8. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software – Restricted Rights), DFARS 227.7202 (Commercial Computer Software and Commercial Computer Software Documentation) and this Agreement, as applicable. Contractor/Manufacturer: Dassault Systèmes SolidWorks Corporation, 300 Baker Avenue, Concord, Massachusetts 01742 USA. 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 agree not to export, re-export, or transship the Software or the Documentation, e.g., move 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. 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. This Agreement is the entire agreement between us with respect to the subject matter and supersedes any other communication or advertising with respect to the Software and Documentation. Adobe is either a registered trademark or a trademark of Adobe Systems Incorporated in the United States and other countries. 11. WINDOWS DESKTOP SEARCH. Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. You may use a copy of this supplement with each validly licensed copy of Microsoft Windows software identified for use with it (the "Microsoft Windows Software"). You may not use it if you do not have a license for such software. The license terms for the Microsoft Windows Software apply to your use of this supplement. Windows Desktop Search is covered by the MSN Privacy Statement (http://privacy.msn.com).

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