3DS.COM TERMS AND CONDITIONS OF USE

These terms and conditions of use (hereinafter "Terms and Conditions") govern access to the pages of the 3DS website (hereinafter the "3DS Site") provided by Dassault Systèmes S.E. and/or its subsidiaries (hereinafter "3DS", "We", "Us" and their derivatives).
These Terms and Conditions are subject to change by 3DS and you are therefore advised to review them regularly.

The use of the 3DS Site is only permitted within the framework of these General Conditions.

By browsing the 3DS Site, by providing information to Us, by using the services offered by the 3DS Site and/or by purchasing products on the 3DS Site, you agree to be legally bound by the General Conditions set out below.
 

In some cases, these General Terms and Conditions may be supplemented, modified or replaced by other terms and conditions (hereinafter the "Additional Terms and Conditions") depending on the service(s) you decide to access via the 3DS Site. In the event of a contradiction between the applicable Additional Terms and the Terms of Use, the Additional Terms shall prevail for the service concerned.

The 3DS Site contains a set of services consisting of information and software (as well as related documentation) for consultation or downloading (hereinafter the "Services").

As a user, you are responsible for the computer equipment needed to access the 3DS Site and/or the 3DS Services and for any ancillary costs relating to the internet access needed to connect to the 3DS Site and/or the Services.

We make every effort to ensure continued access to the 3DS Site. However, such access may be suspended, restricted or terminated at any time without notice by 3DS and We shall not be liable if the 3DS Site is unavailable at any time, to the fullest extent permitted by applicable law.

Please note that even if the 3DS Site is available, this does not mean that all or any part of the 3DS Services are available in your country or to you.

In order to make full use of the 3DS Site and the Services, you must register by creating a user account (free of charge). In order to validate the creation of your user account, you will be asked to provide certain mandatory information and to create a login and password. You agree to (a) provide accurate, current and complete information about yourself and (b) maintain and promptly update your profile to keep it accurate, current and complete.

3DS reserves the right to refuse any user account registration at its sole discretion and without having to indicate the reason. 3DS may at any time restrict access to pages of the 3DS Site, which were previously freely available, to registered users only.

Please be aware that 3DS Site is not designed for children who are considered as minors under applicable local laws. If you are a minor, you are not allowed to use 3DS Site except if you have the prior authorization from your parents or guardians. You are responsible for the confidentiality of your password and information appearing on your account.

To the extent permitted by applicable law, 3DS disclaims all responsibility for any activity conducted by minors on the 3DS Site without the consent of their legal guardians.

The 3DS personal data protection policy, which can be consulted on the 3DS Site, governs the use of users' personal data.

As a user of the 3DS Site, you agree not to :

• harm third parties, including minors, in any way;
• upload, reproduce, publish, display, license, sublicense or otherwise make available any content that (i) you are prohibited by law or contractual relationship from making available, (ii) infringes any intellectual property right, copyright or other proprietary right, or (iii) contains malicious software (such as viruses, Trojan horses, etc.) or any other malicious program;
• disrupt or interrupt the 3DS Site, a Service or servers/networks connected to the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Service;
• modify, adapt or hack the 3DS Site or modify another site in such a way as to misleadingly imply that it is associated with the 3DS Site;
• use any material available on the 3DS Site (including, without limitation, texture files) unless you are expressly permitted to do so by the site or by a separate license;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the 3DS Site or through any Service;
• disseminate unsolicited advertising or electronic messages or incorrect warnings about viruses;
• Insert hypertext links in content you post on the 3DS Site, unless you have ensured that such links are not likely to breach the Terms and Conditions.

3DS may at any time suspend or block the user's access to the 3DS Site in the event that the user breaches the obligations set out in this section.

The Services may allow you to post and share your own content on the 3DS Site ("User Content").

You acknowledge that any User Content you may post on the 3DS Site is Your sole responsibility and that You are also solely responsible for Your conduct on the 3DS Site. In other words, You are responsible for any User Content that You may upload, post or otherwise make available via the 3DS Site or via the Services. 3DS has no control over User Content and as such cannot guarantee its legality, accuracy, integrity or quality.

The User Content remains the property of the user who posted the User Content on the 3DS Site. By publishing the User Content on the 3DS Site, you grant 3DS a worldwide, free, sub-licensable, transferable and non-exclusive right to use, copy, distribute, reproduce, modify, translate, adapt to 3DS standards and publicly display the User Content for the purposes of developing and improving Our products and services, for the entire duration of the legal protection of intellectual property rights.

You acknowledge and agree that We may, without prior notice to you, remove any User Content that violates the Terms and Conditions.

You may link to the 3DS Site provided that you do not replicate the home page of the 3DS Site and that you comply with the following conditions:
(a) not remove, distort or otherwise change the size or appearance of Our logos;
(b) not create a frame or other browser or environment around the 3DS Site;
(c) not imply in any way that We endorse any products or services that are your own;
(d) not misrepresent your relationship with Us or present any other false information about Us; and
(e) not use in any other way any of Our trade marks displayed on the 3DS Site without Our express prior written consent;
(f) not link the 3DS Site to any third party website which contains content which is offensive, abusive or objectionable to Us or any third party, which infringes the intellectual property rights or other rights of any person, or which breaches any applicable regulations or legislation

We expressly reserve the right to revoke the right granted by this section in the event of a breach of the Terms and Conditions and to take any action We deem appropriate.

We have no control over third party websites to which hypertext links on the 3DS Site point, do not contribute in any way to these third party websites and decline all responsibility for them. These links are provided for your convenience only. By using them, you will leave the 3DS Site. We do not accept any responsibility for them and do not accept or make any representations about them or about any information, software or other products or materials referred to in them, or about any results to be obtained from using them. If you decide to access any third party websites containing links to the 3DS Site, you do so at your own risk.

The 3DS Site, the Services, as well as all software, data, documentation and content provided by 3DS via the 3DS Site are protected by the provisions of the Intellectual Property Code.

All content on the 3DS Site including, but not limited to: data, design text, source and object code software, scripts, downloads, graphics, photos, interactive features and the like, as well as the selection and arrangement thereof, trade names, trademarks and logos appearing thereon, are the property of 3DS or have been licensed to Us, and are therefore protected by copyright and other intellectual property rights under any applicable laws. All rights not expressly granted to you in these Terms and Conditions are reserved.

None of the above may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in another website, or redistributed without Our prior written consent.
Any misuse of the 3DS Site or its contents is strictly prohibited.

You may print and download extracts or certain content from the 3DS Site (if technically feasible and permitted by Us) for your own personal or internal use, but not for commercial purposes, subject to the following principles:
(a) no documents or graphics from the 3DS Site may be altered in any way;
(b) no graphics from the 3DS Site may be used separately from the corresponding text; and
(c) Our copyright and trade mark notices must appear on all copies. For the avoidance of doubt, this section does not authorise you to resell the 3DS Site or its contents, or to make any commercial use of it. Any misuse of the 3DS Site or its content, as well as the use of robots, data mining or any other similar data collection and/or extraction tool, is strictly prohibited.

Any unauthorised use terminates the permission or right granted by 3DS under this section.

Any software offered for download from the 3DS Site (the "Software"), whether or not subject to payment of a fee, is a copyrighted work of 3DS and/or its suppliers.
Your use of the Software is governed by the license agreement that accompanies or is included with the download of the Software (the "License Agreement"). You may not download, install or use any Software accompanied by, or including, a License Agreement without agreeing to the terms and conditions of the License Agreement by following the double-click acceptance procedure, or any other acceptance procedure as available on the 3DS Site.

In the absence of a License Agreement, 3DS grants the user a non-exclusive and non-transferable right to use the Software made available on the 3DS Site in accordance with the purpose for which it was provided and made available by 3DS.
Without limiting the foregoing, copying and reproduction of the Software to another server or location for further reproduction or redistribution is expressly prohibited. 
 You acknowledge that the Software and any accompanying documentation and/or technical information are subject to all applicable export control laws and regulations of all relevant countries. You may not export or re-export the Software, directly or indirectly, to countries subject to export restrictions.

The 3DS Site is provided "as is", to the exclusion of any guarantee, declaration, condition or other term of any kind, whether explicit or implicit. The information and data made available by 3DS on the 3DS Site are free of charge and are provided for information purposes only. In this respect, and insofar as the legislation in force authorises, 3DS excludes any declaration, guarantee, condition or other term of any kind concerning the relevance, updating, accuracy or exhaustiveness of the information and data made available on the 3DS Site. 3DS therefore accepts no responsibility for this information or data, nor for decisions taken on the basis or influence of such content.

We do not guarantee that the 3DS Site will be free from error and exclude all responsibility in the event of error or omission.
In any case, 3DS cannot be held responsible for any damage, fortuitous, material and/or immaterial, direct and/or indirect, special or accessory, whatever its nature, which could result from the content, access or inaccessibility of the 3DS Site for any reason, including technical maintenance or updating operations, technical problems whatever their origin or source, or from the use of the 3DS Site and/or the Services.

Nothing in these Terms and Conditions 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.

To the extent permitted by applicable law, if a dispute arises between two or more users, each of you releases Us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with such disputes. 

All users waive the right to exercise any recourse against 3DS in the event of legal proceedings brought against them by a third party due to the use and/or illicit exploitation of the 3DS Site. The user undertakes to defend 3DS against all claims by third parties arising from : (i) any actual or alleged breach of the user's warranties or obligations set forth in these Terms and Conditions; and (ii) the user's use of the 3DS Site and/or any User Content.

These General Terms and Conditions shall in all respects be governed by and construed in accordance with French law. The application of the 1980 Vienna Convention on the International Sale of Goods is excluded. Any dispute arising from or related to the use of the 3DS Site or the 3DS Services shall be brought before the competent French courts.

If You are a consumer who is not acting for professional or commercial purposes, then You may be able to submit a dispute to the European Online Dispute Resolution ("ODR") platform. The ODR platform is designed to help consumers who have purchased goods or services online.

You may have additional rights in accordance with the mandatory laws of the country in which you have your habitual residence. We do not intend to limit these rights beyond what is applicable under these mandatory provisions.