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Participants must have registered with SolidWorks Labs
This license agreement 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 the 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.
It is strongly recommended to create a backup of all model files and data.
Limitations on Storage. 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
after it has been there 30 days.
SolidWorks Corporation
("Corporation") grants to you a royalty-free license to use the Labs Software
while visiting the SolidWorks Labs site and thereafter if the Labs Software is
downloaded to you local computer. The license will be available
for 90 days and then will expire.
One of the principle purposes of making the Labs Software available to you free
of charge is to learn whether it is useful to the public. Therefore we will request that you allow us to collect this usage information.
If you agree, the Labs Software will automatically collect certain usage and system data and email it to
SolidWorks to give us additional information about stability and the use of the
Labs Software. This data is maintained in aggregate form - it is not
associated with an identifiable person.
This letter agreement sets forth the terms that govern the use of the Labs Software:
- You are granted a free, temporary [90 days], personal, nontransferable, license to use the Labs Software, solely
for your own internal use for testing purposes. You may not sublicense, resell,
or distribute the Labs Software to third parties or remove the Labs Software
from the country where you received it. SolidWorks and its licensors retain all
right, title, and interest in the Labs Software throughout the world, including,
without limitation, copyright. You may not copy, modify or make works derivative
of the Labs Software and you may not analyze for purposes competitive to
SolidWorks, reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Labs Software as it contains trade secrets of
SolidWorks and its licensors. This license shall continue so long as you do not
violate its terms. Sections 2, 3 and 8 survive termination.
- You acknowledge that the Labs Software may 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.
You should not use the Labs Software in a production environment. 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 of time. For these reasons, you must not use the Labs Software in a
production environment.
There is no assurance that all functionality that
appears in the Labs Software will available in any
commercially released version of any SolidWorks product.
"AS-IS" Warranty. SolidWorks provides the Labs Software to you AS IS and
without a warranty of any kind. SolidWorks and its licensors do not
warrant the performance or results you may obtain by using the Labs Software,
that the Labs Software will meet your requirements or that the operation of the
Labs Software will be uninterrupted or error free.
If you submit data to a
SolidWorks hosted internet site, SolidWorks will not be responsible for its
security or for restoring any data if it is deleted.
SolidWorks and its licensors make no warranties, including, without limitation, any implied
warranties of merchantability, non-infringement, and fitness for a particular
purpose. SolidWorks and its licensors shall have no 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 Software, SolidWorks' services, Labs Software.
- Security. Since 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. SolidWorks accepts no
responsibility for maintaining the security of any models of data transmitted to
the SolidWorks Labs site and you should adjust your usage of the site
accordingly.
- SolidWorks encourages you
to provide comments to SolidWorks 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 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 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.
- 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 252.227-7202
(Commercial Computer Software and Commercial Computer Software Documentation)
and in this Agreement, as applicable. Contractor/Manufacturer: SolidWorks
Corporation, 300 Baker Avenue, Concord, Massachusetts 01742
- 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 Labs Software, and you wish to obtain the
information necessary to achieve interoperability of an independently created
computer program with the Labs 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
Labs 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.
- Export Rules.
You acknowledge that the Labs Software 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 (i.e., 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 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 without limitation Cuba,
Iran, North Korea, Sudan or Syria) and that you are not otherwise prohibited
under the export control laws from receiving the Labs Software.
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.
- This Labs Software license
contains the entire agreement between you and SolidWorks with respect to its
subject matter, and 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. 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.
Thank you very much for using the Labs Software. We look forward to continuing a
relationship in which we will provide you with what we believe will be the highest-quality
and most cost-effective CAD software available.
Please confirm your acceptance of these terms below.
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