TERMS OF USE AGREEMENT
Dassault Systèmes SolidWorks (“DS SolidWorks”) provides you, the user, with access to the materials and information within the DraftSight® Training Manual (collectively, the “Content”) as a convenience and for use with DraftSight software (the “Software”), but subject to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of the Content and the Software. DS SolidWorks reserves the right to modify, alter, or update the terms and conditions of these Terms of Use at any time and without prior notice. Modifications shall become effective immediately upon being posted at https://www.draftsight.com/media/2023-edition-draftsight-work-smarter-not-harder. Your continued use of the Content or of the Software after any amendment is posted constitutes an acknowledgement and acceptance of these Terms of Use and any modifications to them and your consent to the use and disclosure of your personally identifiable information and other practices as described in the Dassault Systèmes Privacy Policy (http://www.solidworks.com/sw/privacypolicy.htm).
Except as provided in this paragraph, these Terms of Use may not be amended.
Description of Content. DS SolidWorks is providing you with access to the Software and with the Content, which includes but is not limited to text, user comments, messages, information, data, graphics, images, accompanying files and illustrations. Except for that portion, if any, that is owned by one or more third parties, all Content is the exclusive property of DS SolidWorks and/or its licensors and is protected by U.S. and/or international copyright laws.
Disclaimer of Warranties. The Content is provided by DS SolidWorks on an “as is” and on an “as available” basis. To the extent permitted by applicable law, DS SolidWorks makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Content in terms of its correctness, accuracy, or reliability. DS SolidWorks disclaims all warranties with regard to the information provided, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability. DS SOLIDWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE CONTENT OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DS SOLIDWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify and hold DS SolidWorks and its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of the Software or the Content, (ii) the violation of these Terms of Use, or (iii) any infringement, by you or by another user of the Content who obtains access to it through you or through use of your computer, of any intellectual property or any other right of any person or entity.
Modifications of and Interruption of Access the Content. DS SolidWorks reserves the right to change, suspend or discontinue the Content or any component thereof, at any time and with or without notice to you, and shall not be liable to you or to any third party in the event it exercises its right to effect such change, suspension or discontinuation. You acknowledge and accept that DS SolidWorks does not guarantee continuous, uninterrupted or secure access to the Content and that one or more factors or circumstances outside of DS SolidWorks’ control may interfere with or adversely affect such access.
Copyright and Trademark Information. All Content not submitted by users, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is ©2023 Dassault Systèmes SolidWorks Corporation, with all rights reserved, or is the property of DS SolidWorks and/or third parties protected by intellectual property rights. Any use of materials within the Content (including but not limited to reproduction for purposes other than those expressly permitted herein); any modification, distribution, or replication; any form of data extraction or data mining; or other commercial exploitation of any kind without the prior written permission of an authorized officer of DS SolidWorks is strictly prohibited. Except as expressly provided in these Terms of Use, your use of and access to the Content does not grant you any license or right to use any of DS SolidWorks' trademarks, trade names or copyrights. DS SolidWorks vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights.
Export control. By downloading or accessing the Software or any technical data within the Content, you are agreeing not to import, export, or re-export it, either directly or indirectly (including transmission and shipment) and except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export, or provide the Software or technical data (i) to a national or resident of Cuba, Iran, Sudan, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (this list of countries is current as of March 2008 but is subject to change), (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists, or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export SolidWorks® products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government.
Compliance with Laws. You assume all knowledge of applicable laws and are responsible for compliance with such laws. You may not use the Software or the Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You also agree not to transmit any material that encourages conduct that could constitute a criminal offense; give rise to civil liability; or otherwise violate any applicable local, state, national, or international law or regulation.
Other Terms. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by DS SolidWorks, in its sole discretion.
Applicable Laws. The Content is controlled by Dassault Systèmes SolidWorks Corporation from its offices in Waltham, Massachusetts. DS SolidWorks makes no representation that any materials within or components of the Content are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Anyone who accesses the Content from another jurisdiction is and shall remain responsible for compliance with applicable local laws. Any claim relating to the materials on the Content shall be governed by the substantive laws of the Commonwealth of Massachusetts, excluding its principles as to conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to the Content shall be finally settled by a competent court of Massachusetts.