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Terms of Use
1. ACCEPTANCE OF THE TERMS OF USE
Welcome to “DS Campus” website (hereinafter “the Site”), a service provided by Dassault Systèmes SA (hereinafter “DS”).
By visiting the pages of the Site, by using the Site and the services provided through the Site and by uploading content, you agree to be bound by the following terms and conditions (“Terms of use”).
If you do not agree with any of these Terms of Use, please do not use the Site.
2. DESCRIPTION OF THE SERVICE
The Site enables any user to:
- have access to (i) a list of DS Software specially edited for Students and available through links pointing to other DS’websites (e.g: 3DS.com, Simulia.com), (ii) a list of DS Software edited for educators with links towards DS Academic Programs, (iii) a presentation of the selected students or educators’ projects, involving the use of DS Solutions, (iv) a list of Contests and Challenges referenced by DS, (v) articles or best practices related to DS products (including those that may be available through links pointing to other websites), (vi) courses edited by DS or by Educators to learn how to use DS Solutions,
- download or display, free of charge (i) tutorials for DS Solutions (presented in video formats), (ii) “cool stuff” such as games, screensavers and music around DS Solutions, (iii) goodies such as DS pictures (e.g: to decorate the classrooms) or DS brochures.
If the user is a Student or an Educator, with a valid proof of academic status, he may open an account to be able to (i) post his project, related to the use of DS Solutions, that will be referenced, rated and promoted by DS, (ii) join a dedicated Forum to notably find a team-mate, share ideas or ask questions for installation or use of DS products, (iii) if Educator, post his articles or his courses related to DS Solutions.
3. RIGHTS OF DS ON THE UPLOADED CONTENT
If a registered Student or Educator uploads content for his project involving DS Solutions (including images, videos, logos, Pdf files or other), or articles or courses related to DS Solutions, he grants DS a worldwide, royalty-free, sub-licenseable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt to DS standards and publicly display the uploaded content in connection with the Site, for the duration of the legal protection of the intellectual property rights.
The registered Student or Educator acknowledges and agrees that DS may access, preserve and disclose his account information and Content uploaded 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 uploaded violates the rights of third parties,
- protect the rights, property or personal safety of DS, its users and the public.
Although DS, as provider of hosting services for the Content uploaded, doesn’t have the obligation to monitor the Content uploaded and doesn’t have an intellectual active role in the selection of the content uploaded, the registered Student or Educator acknowledges that DS :
- may withdraw, if brought to its attention, and at its sole discretion, any inappropriate content that will be considered harmful to DS;
- will check the notifications made by the users of the Site, subject to the formalities mentioned in article 7 hereunder, and related to the uploaded content that may constitute an offense and, if the notification complies with the required formalities, will promptly withdraw any content that proves to be an offense with regards to applicable law plus, will inform the competent public authorities of any of the following offences: defense of crimes against humanity, inducement to racial hatred, child pornography.
4. LICENSE TO USE THE UPLOADED CONTENT TO THE BENEFIT OF THE USERS OF THE SITE
When uploading Content, the registered Student or Educator:
- represents that (i) he is the author of the Content uploaded or (ii) he holds and will continue to hold the necessary rights, including but not limited to all intellectual property rights in and to the Content to grant the rights thereby granted;
- accepts to grant, at a minimum, users of the Site the right to access and view the Content uploaded through the Site.
The registered Educator may choose between several options the scope of rights he wishes to retain, license or sublicense, but he must choose one option amongst the options provided (if he doesn’t want to accept the terms of any of the options provided, he shall not upload his Content).
The registered Student accepts to grant the users of the Site a personal, worldwide, non-transferable right to reproduce and display his Content as long as:
- the proprietary notices are not removed,
- there is no commercial or for-profit use of his content,
- there is no modification or adaptation of his content.
5. ONLINE FORUMS
The Site includes discussion forums with limited access (one for registered Students, one for registered Educators) allowing feedback, comments, finding a team-mate, sharing ideas or ask questions for installation or use of DS Products.
By posting messages or any content to the online forums, the registered Student or the registered Educator grants DS a worldwide, royalty-free, sub-licenseable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt to DS standards and publicly display the content in connection with the Site, for the duration of the legal protection of the intellectual property rights.
The registered Student or Educator acknowledges and agrees that DS may access, preserve and disclose his account information and his content written on the online forums, 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 uploaded violates the rights of third parties,
- protect the rights, property or personal safety of DS, its users and the public.
The registered Student or Educator agrees not to do any of the following actions while using the Online Forums:
- harass, threaten, embarrass or cause distress or discomfort upon another Online Forum participant,
- transmit any content disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- impersonate any person,
- disrupt the normal flow of dialogue,
- post or transmit any unsolicited advertising, promotional materials or any other form of solicitation,
- violate any applicable law, regulation or treaty,
- invade the privacy or violate or infringe any right of any person or entity including, without limitation, any intellectual property right.
Although DS doesn’t have the obligation to monitor the content of the online forums and doesn’t have an intellectual active role in the selection of these contents, the registered Student or Educator acknowledges that DS:
- may withdraw, if brought to its attention and at its sole discretion, any inappropriate content that will be considered unsuitable for the online forums or harmful to DS;
-will check the notifications made by the users of the Site, subject to the formalities mentioned in article 7 hereunder, and related to the content that may constitute an offense and, if the notification complies with the required formalities, will promptly withdraw any content that proves to be an offense with regards to applicable law plus, will inform the competent public authorities of any of the following offences: defense of crimes against humanity, inducement to racial hatred, child pornography.
DS reserves the right at any time to discontinue or limit, temporarily or permanently, the access to the online forums, with or without notice.
DS makes no warranty that the online forums will meet the requirements of the registered students or Educators, or will be uninterrupted, accurate, available.
6. INDEMNITY
Any user agrees to defend, indemnify and hold DS, its subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from and against any claim arising from any claim arising from any third party claim relating to any uploaded content, to any content on the online forums, to the use of and access to all or part of the Site and the Service. This indemnification obligation shall survive the Terms of Use and Your use of the Site.
7. NOTIFICATION OF OFFENSE RELATED TO THE UPLOADED CONTENT OR TO THE ONLINE FORUMS
Any user of the Site may report to DS any Content uploaded by Students or Educators or any comment in one of the online forums that he believes constitute an offence by sending a notification by mail or fax at the following address: Dassault Systèmes, DS Learning Department, 9 Quai Marcel Dassault 92150 Suresnes (Fax: +33 1 40 99 43 59) .This notification must be dated and must include:
- The lastname, firstname, profession, address, nationality, date & place of birth of the user and, if corporation: legal form, corporate name, registered office, representative ;
- A description of the offence reported and the exact URL or a description of where the alleged offence is located ;
- A statement by you of the merits of your request to withdraw the alleged content (with the facts & legal texts related to this request);
- Whether a copy of the mail sent previously to the author or to the editor of the alleged content requiring withdrawal or modification, or the justification that the author or editor couldn’t be reached.
8. DS INTELLECTUAL PROPERTY RIGHTS
Any user acknowledges and agrees that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except for Content uploaded by Students or Educators, all materials and contents of the Site, including without limitation, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features, DS Tutorials, DS “Cool Stuff” (notably games, screensavers, music), DS “Goodies” (notably high-definition pictures, brochures), DS Articles, Best Practices edited by DS, Courses edited by DS, and the like and their selection and arrangement, and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Dassault Systèmes, and are subject to copyright and other intellectual property rights under all applicable laws.
All rights not expressly granted to the user 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 DS prior written permission.
The user may not make any derivative use of this Site or its contents.
The user 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 DS without DS prior express written consent.
The user may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.
The user is permitted, free of charge, to print, download (if applicable) and display extracts from the Site for his own personal use or, if Educator, for Academic purposes (e.g: to motivate his students and illustrate his courses), on the following basis:
(a) No documents or related graphics on the Site are modified in any way;
(b) No graphics on the Site are used separately from the corresponding text; and
(c) DS 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 Site or its contents; any derivative use of the Site or its 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 DS.
9. USE OF THE SERVICE
When using the Service, the user undertakes to comply with all license terms and restrictions imposed by the Students and Educators with respect to their Content
The user agrees to not use the Service for any purpose that is unlawful or prohibited by these Terms of Use and notably:
(a) To interfere with or disrupt the Site, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(b) To interfere with any other party's use and enjoyment of all or part of the Service;
(c) To attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any of DS servers or to any of the Service, through hacking, password mining or any other means;
(d) To modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
(e) To obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
(f) In any manner that could damage, disable, overburden, or impair any of DS servers, or the network(s) connected to any of DS servers;
(g) To violate in any manner any applicable laws.
10. LINKS TO THIRD PARTY WEBSITES
DS has no control over any of the third party websites to which the Site has links nor does DS contribute in any manner to these third party websites (including any methods published on these websites and related to DS products) and DS assumes no responsibility for the contents of any third party websites to which the Site has links.
These links are provided solely as a convenience to the user. If the user uses these links, the user will leave the Site. DS excludes all liability arising therefrom and does 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 the user decides to access any third party websites linked to the Site, the user does so entirely at his own risk.
11. LINKING TO THE SITE
If the user would like to link to the Site, the user may only do so with DS prior written approval and on the basis that the user links to, but does not replicate, the home page of the Site and subject to the following conditions:
(a) The user do not remove, distort or otherwise alter the size or appearance of DS logos;
(b) The user does not create a frame or any other browser or border environment around the Site;
(c) The user does not in any way imply DS is endorsing any products or services other than DS own products and services;
(d) The user does not misrepresent the user’s relationship with DS nor present any other false information about DS;
(e) The user do not otherwise use any of DS trademarks displayed on the Site without DS prior express written permission;
(f) The user does not link from a website that is not owned by the user; and
(g) The user’s website does not contain content that is distasteful, offensive or controversial towards DS 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.
DS expressly reserves the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action DS deems apprpriate. The user shall fully indemnify DS for any loss or damage suffered by DS or any of DS group companies for breach of this clause.
12. MODIFICATION OF SERVICE
DS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user agrees that DS shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the Service.
DS also reserves the right to modify the Terms of Use from time to time.
The user agrees to review the most current version of the Terms of Use, available at campus.3ds.com
If the user chooses to use the Site, the user signifies that he has accepted the new version of the Terms of Use, which will apply to his use of the Site as of the date of the Terms of Use modification.
13. WARRANTIES
The user acknowledges that DS has no intellectual active role in the selection of the content uploaded. Consequently, DS makes no warranty or representation as to the quality, suitability or completeness of any of the content uploaded.
The user expressly understands and agrees that:
• His use of the Site and the Service is at his sole risk.
• DS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet his requirements; (ii) the Service will be efficient, accurate, uninterrupted, timely, secure, error-free or available; (iii) the information, data, Content, and materials that may be obtained from the Service will be accurate or reliable; and (iv) any errors in the Software will be corrected;
• He will be solely responsible for any damage to your computer system or other equipment or loss of data that results from the download of any such Content.
14. LIMITATION OF LIABILITY
The user expressly understands and agrees that DS, its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect damages, of whatever nature whatsoever, including, but not limited to, loss of profits, goodwill, use, data, Content, Content misplacement or accidental deletion, or other intangible losses, even if DS has been advised of the possibility of such damages, resulting from (i) his ability and/or inability to access and/or use the Service; (ii) his upload or inability to upload his Content; (iii) unauthorized access to, misplacement, deletion or alteration of his transmissions, data or Content; (iv) statements or conduct of any third party on the Service; (v) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site; (vi) any other matter relating to the Service.
15. TERMINATION
The user agrees that DS may, under certain circumstances, at its own discretion and with or without prior written notice, immediately terminate his access to the Service.
Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use; (b) requests by law enforcement or other government agencies; (c) a request by the user; (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) the user’s engagement in fraudulent or illegal activities.
The user agrees that all terminations for cause shall be made in DS' sole discretion and that DS shall not be liable to the user or any third party for any termination of your account, or access to the Service.
16. 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 Site or the Service shall be brought before the exclusive jurisdiction of the competent Courts of France.
These Terms of Use were last modified on December 2007