Legal Information and
Terms of Use for the 3D ContentCentral® Service
Welcome to the Dassault
Systemes SolidWorks Corporation 3D ContentCentral
service. This website contains content, which includes by way of non-limiting
example, electronic models, library features, blocks, and macros (“Content”).
This website also contains links to websites containing Content. The Content
may be supplied by manufacturing suppliers ("Suppliers”) or by
registered users of the 3D ContentCentral service (“Registered Users”). DS
SolidWorks provides access to this website to the public as a convenience,
but subject to the following terms of use. By accessing, viewing, using, downloading,
and/or uploading Content from this website, you agree to be bound by these
terms and conditions.
Copyright Information. Copyright © 1995- 2016 Dassault Systemes. All rights
reserved.
DS SOLIDWORKS PRIVACY POLICY. Dassault
Systemes SolidWorks Corporation (“DS SolidWorks”)
may collect information about the use of 3D ContentCentral, subject to the DS Privacy
Policy.
Use of Content on 3D ContentCentral. The Content provided by the 3D ContentCentral service
is intended to help engineers save time and design better products by making
available existing content such as components from manufacturers and fellow
users along with library features, blocks, and macros to speed design steps.
The Content is supplied by a wide variety of manufacturers and users who are
identified in connection with the Content and are solely responsible for the Content
they provide. By using the 3D ContentCentral service you acknowledge that (i) DS SolidWorks may not pre-screen Content, and thus, DS
SolidWorks does not guarantee the accuracy, integrity, or quality of such Content
or guarantee that such Content is free of viruses or harmful code; (ii) you
will evaluate, and bear all risks associated with the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content;
(iii) you may be exposed to content that is indecent, offensive, or otherwise
objectionable; and (iv) under no circumstances will DS SolidWorks be liable
in any way for any Content or arising from any Content, including, but not
limited to, any errors or omissions in any Content, or for any loss or
damages of any kind incurred as a result of the use of any Content, including
harm from viruses or harmful code.
You may use Content for internal computer-aided design
use only. You may not (i) distribute Content
as part of any service, (ii) copy or post any Content on any Internet site
without permission of the owner of the Content, (iii) broadcast Content via
any media, or (iv) use the Content in a manner that is competitive with the
3D ContentCentral service.
Supplier- and User-Supplied Content. The Content is provided
for the convenience and information of engineers and designers who are
designing products that may use similar models as a component, or use similar
features and design techniques. Registered Users may view and download the Supplier-
and User-supplied Content only for such purposes and not to use the Content
on an Internet catalog site or Internet model site. Registered Users may copy
and download the Content for model-building purposes provided that the
Content provider retains all copyright and other proprietary notices
contained in the original Content on any copies of the Content. Registered
Users may not modify the Content in any way or reproduce or publicly display, post, transmit, distribute, or otherwise use the Content
for any public commercial purpose. Prior to uploading content, the Content provider
must agree to terms and conditions for making a contribution, which include
granting a right and license to use the content as described in the Terms and Conditions for Contributions.
ACCEPTABLE USE POLICY. Each Registered User
and each Supplier agrees not to use the 3D ContentCentral Service to:
- Upload, post, or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not
limited to, a DS SolidWorks employee, director, or officer, or an
employee, director, or officer of an affiliate of DS SolidWorks, or
falsely state or otherwise misrepresent Suppliers’ affiliation with a
person or entity;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
service;
- Upload, post, or otherwise transmit any Content
without the right to transmit such Content under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- Upload, post, or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright, or other
proprietary rights of any party;
- Upload, post, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, harm, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the 3D ContentCentral
service or servers or networks connected to the 3D ContentCentral
service, or disobey any requirements, procedures, policies or
regulations of networks connected to the 3D ContentCentral service;
- Stalk or otherwise harass another user;
- Collect or store personal data about other users;
- Promote or provide instructional information about
illegal activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals; this may include,
but is not limited to, providing instructions on how to assemble bombs,
grenades, and other weapons;
- Use the 3D ContentCentral service as storage for
remote loading or as a door or signpost to another home page, whether
inside or beyond the 3D ContentCentral Service.
COPYRIGHT INFRINGEMENT
AND COPYRIGHT AGENT.
DS SolidWorks will, in appropriate circumstances, terminate the use of the 3D
ContentCentral service by Registered Users and Suppliers involved in disputes
regarding intellectual property rights and remove or disable access to
related content. If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is
occurring on this 3D ContentCentral service's website, please provide DS
SolidWorks' Copyright Agent a Notice containing the following elements:
- A physical or electronic
signature of the person authorized to act on behalf of the owner of the
copyright interest that is alleged to have been infringed.
- A
description of the copyrighted work or works that you claim have been
infringed, identification of what material in such work(s) you claim to be
infringing, and what you request be removed or access to be disabled.
- A
description of where the material that you claim is infringing is located on
3D ContentCentral.
- Information
sufficient to permit DS SolidWorks to contact you, such as your physical
address, telephone number, and email address.
- A
statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained is not authorized
by the copyright owner, its agent, or the law.
- A
statement by you that the information in your Notice is accurate and, under
penalty of perjury, that you are the copyright owner
or authorized to act on the copyright owner's behalf.
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DS SolidWorks' Copyright
Agent for Notice of claims of copyright infringement can be reached as
follows:
By mail: Legal Department
Dassault Systemes
SolidWorks Corporation
175 Wyman Street, Massachusetts 02451
By telephone: +1(781) 810-5311
By email: copyright@solidworks.com
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK
HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND
SUCH INFRINGEMENT IS OCCURRING ON 3D CONTENTCENTRAL. THE COPYRIGHT AGENT WILL
NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE
MADE BY SENDING EMAIL TO info@3dcontentcentral.com.
Trademark Information. SOLIDWORKS, 3D
ContentCentral, 3DPartStream.NET, and eDrawings are registered trademarks of
DS SolidWorks Corporation. For information about other DS SolidWorks
trademarks, please see the DS SolidWorks Terms of Use / Trademarks and Usage
webpage. All other trademarks are the property of their respective owners.
Links to Other Websites. DS SolidWorks provides
certain links to other websites as a convenience to you. DS SolidWorks does
not monitor nor control the content of any other website and assumes no responsibility
or liability of any kind for any material or communications available at such
websites.
Use
of Downloadable Software. Any software that may be downloaded from this website
is licensed subject to the terms of the applicable license agreement. Except
for rights granted pursuant to such license agreement, DS SolidWorks and its
licensors reserve all intellectual property rights, title, and interest in
such software.
GENERAL PRACTICES REGARDING USE AND STORAGE. DS SolidWorks will use
commercially reasonable efforts to prevent the loss of or damage to data in
its possession and will maintain commercially reasonable back-up procedures
and copies to facilitate the reconstruction of any data that may be lost or
damaged by DS SolidWorks in the event that Supplier or Registered User, after
using its best efforts, is unable to reconstruct such data via its own
back-up procedures and copies.
CHANGES TO THESE TERMS OF USE. DS SolidWorks may at any time revise these Terms of
Use by updating this posting. You are bound by any such revisions.
WARRANTIES AND DISCLAIMERS. 3D CONTENTCENTRAL COULD
INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DS
SOLIDWORKS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT POSTED
BY SUPPLIERS AND/OR REGISTERED USERS. ALL DATA IS PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE
WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, DS
SOLIDWORKS MAKES NO WARRANTY THAT (i) THE SERVICES,
AND CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND CONTENT WILL
BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR DATA PURCHASED OR OBTAINED BY YOU THROUGH 3D CONTENTCENTRAL WILL MEET YOUR
EXPECTATIONS, AND (v) THE 3D CONTENTCENTRAL AND/OR CONTENT IS COMPLETELY
SECURE AND NOT HARMFUL. IN NO EVENT WILL DS SOLIDWORKS BE RESPONSIBLE FOR ANY
SITUATION WHERE THE SECURITY, AVAILABILITY, STABILITY, OR VIRUS-FREE OR HARM-
FREE NATURE OF 3D CONTENTCENTRAL IS COMPROMISED BY A SUPPLIER OR A USER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DS SOLIDWORKS,
ITS LICENSORS, OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT
LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF
PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE
PROVISION OF 3D CONTENTCENTRAL OR OTHER MATERIALS OR SERVICES FURNISHED
HEREUNDER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF SUPPLIER OR USER
TRANSMISSIONS OR CONTENT, EVEN IF DS SOLIDWORKS HAS BEEN ADVISED, OR KNOWS OR
SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DS
SOLIDWORKS LIABILITY ARISING OUT OF, OR OTHERWISE RELATED TO THE SUBJECT
MATTER HEREOF EXCEED THE LESSER OF (A) THE AMOUNT PAID FOR THE SERVICES
DURING THE TWELVE-MONTH PERIOD PRIOR TO DS SOLIDWORKS RECEIVING AN APPLICABLE
CLAIM, AND (B) ONE THOUSAND DOLLARS ($1,000.00). YOU ACKNOWLEDGE THAT THE
ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS
PARAGRAPH IS A MATERIAL CONSIDERATION FOR DS SOLIDWORKS PROVIDING THIS
SERVICE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE 3D CONTENTCENTRAL WEBSITE IS
DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH ACTIVITIES.
GOVERNING LAW. The 3D ContentCentral
service is controlled by DS SolidWorks Corporation from its offices within
the Commonwealth of Massachusetts, United States of America. DS SolidWorks
makes no representation that materials at this website are appropriate or
available for use outside of the United States and access to them from
territories where their contents are illegal is prohibited. By accessing the 3D
ContentCentral service, you and DS SolidWorks agree that the statutes and
laws of the Commonwealth of Massachusetts, without regard to the conflicts of
laws principles thereof or the United Nations Convention on contracts for the
International Sale of Goods, shall govern all matters relating to your access
to, or use of, the 3D ContentCentral service and any Content. You may not
use, download, upload, export or re-export the material at this website or
any copy or adaptation in violation of applicable laws and regulations,
including without limitation, U.S. export laws and regulations. Those who
access this site from other jurisdictions do so on
their own initiative and are responsible for compliance with applicable local
laws. If for any reason a court of competent jurisdiction finds any provision
of these Terms of Use, 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.
Any dispute arising out of or in connection
with the use or access or otherwise related to this website shall be finally
settled by a competent court in Suffolk County in the Commonwealth of
Massachusetts. You irrevocably waive any and all rights to a trial by jury
for any litigation relating to this agreement.
See also the DS Privacy
Policy.
Revised: October 11, 2023
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