This page states the terms and conditions governing your use of DASSAULT SYSTEMES Website edu.3ds.com (hereinafter 3DS Website).
Please read them carefully. These terms and conditions may be updated and amended by us from time to time, so please visit this page periodically to review them.
By using this 3DS Website, by providing Us with information, by using the services offered by the 3DS Website and/or by purchasing products from the 3DS Website You signify that You agree to be bound by these terms of use (“Terms of Use”). If You do not accept the following terms and conditions, do not use 3DS Website or the services provided therein. In addition, (i) when You use any current or future service on this 3DS Website or purchase any current or future product through this 3DS Website, You will also be subject to the applicable terms and conditions of sale, (ii) when You join communities though 3DS Platform available at https://swym.3ds.com , You will also be subject to the “Swym.3ds.com Terms of use”.
1. ACCEPTANCE OF TERMS OF USE
Welcome to 3DS Website, a service provided by Dassault Systèmes S.E. a French Société Européenne registered with the Versailles Commercial Register ("Registre du commerce et des sociétés de Versailles") under the number B 322 306 440, having its registered offices at 10 rue Marcel Dassault, 78140 Vélizy-Villacoublay – France (hereinafter “We”, “Our” or “Us”).
2. DESCRIPTION OF SERVICE
The 3DS Website is offered to You, the user (hereinafter “User(s)”, “You” or “Your”) who connects to the 3DS Website and uses Our services (hereinafter the “Services”) enabling access to a variety of resources, including download areas, product information, training materials, support services for customers and partners, other information and online purchasing of some of Our 3DS offerings (hereinafter the “3DS Offerings”), i.e. either Our software (“Software”) that are made available through downloading or Our online services (“Online Services”) that are accessible from this 3DS Website.
You are responsible for obtaining access to the 3DS Website. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the 3DS Website and the Services.
We will endeavor to allow uninterrupted access to all or part of the 3DS Website. However, access to all or part of the 3DS Website may be suspended, restricted or terminated at any time and without notice and We shall not be liable for such unavailability to the maximum extent permitted by applicable law..
Please note also that the 3DS Website describing the Services may be available from worldwide but this does not mean that all the Services are available in Your country.
3. REGISTRATION – PASSWORD – SECURITY
In order to fully use the 3DS Website and buy Our products, You must register with Us by opening a free of charge account.
In consideration of Your registration to the 3DS Website and the Services, You represent that (i) You are at least 18 years of age or if You are between 13 and 18, You use the 3DS Website and/or any Service only with the involvement of a parent or guardian, (ii) You are enrolled in an academic program as a student or You are working for an academic institution as a teacher, (iii) You have the legal right to accept these Terms of Use, including the right to do so on behalf of Your organization if You use the Service for professional purposes, and (iv) You are not barred from receiving products and services under the laws of any applicable jurisdiction. Parents and guardians are jointly and severally liable for all acts (including purchases and payments for Services) and omissions of their children aged under 18 years when using 3DS Website and/or any Service and buy Our product.
In so doing, You will be prompted to provide certain information and to create an account name and password. You agree to (a) provide true, accurate, current and complete information about Yourself; and (b) maintain and promptly update Your profile to keep it true, accurate, current and complete. You are fully responsible for maintaining the confidentiality of Your password and account for all activities that occur under Your password or account.
The personal data that You will provide during the creation of Your account will be processed according to DS Privacy Policy, available at edu.3ds.com/legal/privacy-policy
4. YOUR CONDUCT WHEN USING THE DS WEBSITE AND/OR THE SERVICES
You understand that any content You may post on the 3DS Website is of your sole and unique responsibility and that You are solely responsible for your conduct on the 3DS Website. This means that only You, and not Us, are responsible for all content that You may upload, post, license, sublicense, display or otherwise make available via the Service or the 3DS Website. We do not control the content posted via the 3DS Website or Service and, as such, may not guarantee the accuracy, integrity or quality of such content or that it does not violate any laws or rights of others. You further acknowledge that You will not:
- Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Service or the 3DS Website;
- Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) You do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To interfere with or disrupt the 3DS Website, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Modify, adapt or hack the 3DS Website or modify another website so as to falsely imply that it is associated with the 3DS Website;
- Use any elements available on the 3DS Website (including, without limitation, textures files) except if specifically authorized on the 3DS Website or through a separate license;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
- Stalk or otherwise harass another;
- Create, send or submit unwanted email to any other user of the 3DS Website or Services;
- Collect or store personal data about other users of the 3DS Website or Services where relevant in connection with the prohibited conduct and activities set forth above; and/or
- Violate in any manner any applicable laws.
Do not insert hyperlinks in the content You post linking to Your or third party sites or content which You have not checked to ensure they comply with the abovementioned guidelines or which may violate the Terms of Use.
You acknowledge, consent and agree that We may, without prior notice or compensation, (i) remove any content that violates the Terms of Use and that (ii) access, preserve and disclose your account information, if any, and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- Comply with legal obligations;
- Enforce the Terms of Use;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property or personal safety of any person.
By posting any content, including training materials, to 3DS Website, You grant Us a worldwide, royalty-free, sub-licenseable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt and publicly display such content, in any manner, form, or format, partly or as a whole, on any media whatsoever now or hereinafter created, for the duration of the legal protection of the intellectual property rights.
5. LINKS TO THIRD PARTY WEBSITES
We have no control over any of the third party website to which the 3DS Website have links nor do We contribute in any manner to these third party website and We assume no responsibility for the contents of any third party website to which the 3DS Website has links. These links are provided solely as a convenience to You. If You use these links, You will leave the 3DS Website. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party website linked to the 3DS Website, You do so entirely at Your own risk.
6. LINKING TO THE DS WEBSITE
You may link to the 3DS Website if You do not replicate the home page of the 3DS Website and subject to the following conditions:
- You requested and obtained Our written prior approval,
- You do not remove, distort or otherwise alter the size or appearance of Our logos;
- You do not create a frame or any other browser or border environment around the 3DS Website;
- You do not in any way imply We are endorsing any products or services other than Our own products and services;
- You do not misrepresent Your relationship with Us nor present any other false information about Us;
- You do not otherwise use any of Our trademarks displayed on the 3DS Website without Our prior express written permission;
- Your website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause.
7. LIMITED LICENSE TO ACCESS AND USE THE 3DS WEBSITE – PROPRIETARY RIGHTS OF DASSAULT SYSTEMES
You acknowledge and agree that the 3DS Website, the Services any software, data and any content provided by 3DS, including training materials used in connection with the 3DS Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Some of You may be appointed by 3DS to create specific training materials based on 3DS’S data. You agree that such training materials, once validated by 3DS will be posted by 3DS.
All materials and contents of the 3DS Website, including without limitation, data, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, the Services and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Dassault Systèmes S.E., and are subject to copyright and other intellectual property rights under all applicable laws.
All rights not expressly granted to You in these Terms of Use are reserved.
None of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission.
You may not make any derivative use of these 3DS Website or its contents.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent.
You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.
We grant You a limited license to access and make personal use of the 3DS Website and not to download (other than page caching) or modify it, or any portion of it, except with Our prior express written consent. You are permitted to print and download extracts or some content if technically allowed by 3DS from the 3DS Website for Your own personal use or, if You are teaching in an academic institution, for academic purpose excluding any commercial activity, on the following basis:
- No documents or related graphics on the 3DS Website are modified in any way;
- No graphics on the 3DS Website are used separately from the corresponding text; and
- Our copyright and trademark notices and this permission notice appear in all copies.
For the avoidance of doubt, this clause does not permit any resale or commercial use of the 3DS Website or their contents; any derivative use of the 3DS Website or their contents or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited. Any unauthorized use terminates the permission or license granted by Us.
8. SERVICES AVAILABLE
The Services made available from the 3DS Website, whether for free or subject to payment of a fee, are the copyrighted work of Dassault Systèmes S.E., its affiliates, and/or their suppliers and/or partners.
You may not download, install, access or use any Service that is accompanied by or includes additional specific conditions (such as but not limited to, conditions of license applicable to Our products) unless You first agree to these terms through the acceptance process provided on the 3DS Website.
For any Services not accompanied by additional specific conditions, Dassault Systèmes hereby grants You a personal, non-transferable license to use the Services for viewing and otherwise using the 3DS Website in accordance with these Terms of Use and for no other purpose.
Without limiting the foregoing, copying and reproduction of the Services to any other server or location for further reproduction or redistribution is expressly prohibited. The Services are warranted, if at all, according to these Terms of Use.
You acknowledge that the Services and any accompanying documentation and/or technical information are subject to all applicable countries export control laws and regulations. You agree not to export or re-export the Services, directly or indirectly, to any countries that are subject to export restrictions.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
The 3DS Website, the Services and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the 3DS Website or the information content, materials or products on the 3DS Website.
To the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms which but for this clause might have effect in relation to the 3DS Website, including but not limited to:
- The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world;
- As to non-infringement of any third party’s intellectual property rights of any content published or made available through the 3DS Website;
- As to the server(s) that make(s) the Service available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the 3DS Website.
We do not guarantee that the 3DS Website will be error free and do not accept liability for any errors or omissions. We shall use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after being notified of them.
You expressly agree that Your use of the 3DS Website is at Your sole risk.
Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed, to the extent permitted by applicable law.
To the extent permitted by applicable law, Dassault Systèmes and any of Our group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result in any manner to You or a third party in connection with the 3DS Website and/or the Service or in connection with the use, inability to use, or the results of use of the 3DS Website and/or the Service, any third party website linked to the 3DS Website, or the material on such website, including, without limitation, any indirect, punitive or consequential loss or damages and any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the 3DS Website or Your downloading of any material from the 3DS Website or any third party website linked to any of the 3DS Website and whether in tort (including without limitation negligence), contract or otherwise.
Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law.
If Your use of material on the 3DS Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
10. ELECTRONIC COMMUNICATIONS
When You visit the 3DS Website, use or buy Our Services or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the 3DS Website. You agree that, to the extent permitted by applicable law, all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
11. MODIFICATION OF THE WEBSITE AND THE SERVICES
We reserve the right at any time to modify or discontinue, temporarily or permanently, the 3DS Website and the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
You agree to review the most current version of the Terms of Use.
12. APPLICABLE LAW - JURISDICTION
The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the 3DS Website or the Services shall be brought before the exclusive jurisdiction of the competent Courts of Paris.
If You are a consumer who do not act for professional or commercial purposes, then You may be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for You to use. Nothing in this paragraph shall deprive You of the right to bring or defend proceedings in Your home state if You are a consumer who do not act for professional or commercial purposes.
13. MISCELLANEOUS
You may benefit from additional rights according to mandatory laws of the country in which You have your habitual residence. We do not intend to limit these rights beyond what is applicable according these mandatory provisions.
Date Last Modified
These Terms of Use were last modified on June, 2016.
