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SolidWorks Labs Software License Agreement [Note: To accept this Agreement and participate in the SolidWorks Labs program, you must first register with SolidWorks Labs.] This license agreement (“Agreement”) between you and Dassault Systèmes SolidWorks Corporation (“DS SolidWorks”) covers any SolidWorks Labs software you use, whether downloaded to your local computer or accessed as a hosted service via SolidWorks Labs (all of which is considered equivalent to alpha or beta software and is referred to as “Labs Software”). Because this software is experimental and has not yet been released for large-scale commercial use, the license terms vary from DS SolidWorks’ standard end user license terms. The LABS Software has the following general characteristics: * Labs Software is available for evaluation of new and experimental functionality. Labs Software may be unstable and have critical bugs so it should never be used in a production environment or to modify production data. Any analysis tool is for preliminary analysis only and is not a replacement for field testing and experience to validate your final design. * DS SolidWorks strongly recommends that you create a backup of all model files and data. * Limitations on Storage: DS SolidWorks will provide you with limited storage in connection with your use of SolidWorks Labs (approximately 10 MB) and may delete any files in your storage that have been there at least thirty 30) days. If you are a user of DS SolidWorks’ Panama online application, you have the right to additional storage (approximately 500 MB total) and DS SolidWorks will provide you with at least thirty (30) days’ notice prior to any intentional removal of data from your account. The following terms and conditions govern your use of the Labs Software: 1. Grant of License. For a limited term of ninety (90) days, DS SolidWorks grants to you a free, personal, nonexclusive and nontransferable license to use the Labs Software (a) while visiting the SolidWorks Labs site and during any time in which the Labs Software is downloaded to your local computer, and (b) solely for your own internal testing purposes. You may not sublicense, resell, or distribute the Labs Software to any third party or remove the Labs Software from the country in which you received it. DS SolidWorks and its licensors retain copyrights and all other right, title, and interest in the Labs Software throughout the world. You may not copy, modify or make works derivative of the Labs Software; you may not analyze it for purposes competitive to DS SolidWorks; and you may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Labs Software, as it contains trade secrets of DS SolidWorks and its licensors. 2. You acknowledge that the Labs Software may be unstable and contain software bugs, errors, or other defects, and you agree that you will not rely on the performance of the Labs Software in your business without adequate back-up, parallel, or contingency measures. 3. You agree not to use the Labs Software in a production environment or to modify production data. There is no guarantee that model files or data will be compatible between versions of the Labs Software or that later versions will not corrupt files created with earlier versions or contain critical bugs or instabilities. In addition, certain Labs Software may time-out after a given period. DS SolidWorks gives no guaranty or assurance that all or any functionality appearing in the Labs Software will be available in any commercially-released version of any SolidWorks product. 4. As one of the principal reasons for making the Labs Software available to you free-of-charge is to ascertain its use and value to the public, you agree to allow the Labs Software to automatically collect certain usage and system data and email it to DS SolidWorks to provide additional information about stability and use of the Labs Software. This data is maintained in aggregate form and is not associated with an identifiable person. 5. No Warranty; Limitation of Liability. SolidWorks provides the Labs Software to you AS IS and without a warranty of any kind, including but not limited to any implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Neither DS SolidWorks nor any of its licensors warrant or guarantee (a) the performance or results that you may obtain by using the Labs Software, (b) that the Labs Software will meet your requirements, or that (c) the operation of the Labs Software will be uninterrupted or error-free. If you submit data to a DS SolidWorks-hosted Internet site, DS SolidWorks will not be responsible for the security of such data or for restoring it if it is deleted. Neither DS SolidWorks nor its licensors shall have any liability, whether in contract, tort, or otherwise, for any damages, including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, arising from the Labs Software, use of the Labs Software, DS SolidWorks’ services, or any data or materials produced using the Labs Software. 6. Security. Because SolidWorks Labs is not intended for production usage, the security of the site and the storage may not be equivalent to the security you use for your own production models. DS SolidWorks accepts no responsibility for maintaining the security of any models of data transmitted to the SolidWorks Labs site. 7. Comments. DS SolidWorks encourages you to provide it with comments regarding the performance of the Labs Software, including reporting any errors in the Labs Software, and to suggest improvements to the Labs Software. You agree that DS SolidWorks may incorporate any suggested changes or improvements in any release versions of the Labs Software without further liability or compensation to you and that DS SolidWorks will own all rights in any modifications or improvements it chooses to make to commercially released versions of the Labs Software as a result of your comments. 8. U.S. Government Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights), DFARS 252.227-7202 (Commercial Computer Software and Commercial Computer Software Documentation) and in this Agreement, as applicable. Contractor/Manufacturer: Dassault Systèmes SolidWorks Corporation, 300 Baker Avenue, Concord, Massachusetts 01742. 9. Compliance with Laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Labs Software. 10. Export Rules. You acknowledge that the Labs Software contains software and technical data that is subject to the export control laws of the United States or the United Kingdom and agree not to export or re-export the Software - that is, 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. In addition, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including but limited to Cuba, Iran, North Korea, Sudan and Syria) and that you are not otherwise prohibited under applicable export control laws from receiving the Labs Software. 11. This Agreement reflects and contains the entire agreement between you and DS SolidWorks with respect to its subject matter; shall be governed by, and construed and enforced in accordance with, the substantive laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law and without regard to the United Nations Convention on Contracts for the International Sale of Goods; and will be deemed a contract under seal. All rights to use the Labs Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, such provision or portion shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. 12. Sections 2, 3, 4, 5, 6, 11 and 12 shall survive any expiration or termination of this Agreement or of the license granted under it. Please confirm your understanding and acceptance of these terms by clicking in the appropriate space below.
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