Legal Information and Terms of Use for the Apps for Kids Pre-Release

THIS PRE-RELEASE OF APPS FOR KIDS IS INTENDED FOR RESIDENTS OF ENGLISH SPEAKING COUNTRIES ONLY

Welcome to the Dassault Systemes SolidWorks Corporation Apps for Kids software service. This website contains content, which includes by way of non-limiting example, computer-aided design models (“Content”). The Content may be supplied by Dassault Systemes SolidWorks Corporation (“DS SolidWorks”) or by registered users of the Apps for Kids software service (“Registered Users”). Subject to the following terms of use, DS SolidWorks provides access to the website www.swappsforkids.com to the public as a convenience and access to specific classroom account areas of the website https://classroom.swappsforkids.com only to those who are members of the specific classroom account. By accessing, viewing, using, creating, downloading, and/or uploading Content from this website, you as the Registered User or parent or guardian of the Registered User or a teacher of a classroom account (“You” and possessively “Your”) agree to be bound by these terms and conditions.

DS SolidWorks may collect information about the use of the Apps for Kids software service, subject to the Apps for Kids Privacy Policy. To learn more, please see the full Apps for Kids Privacy Policy.

Use of the Apps for Kids Applications. The Content provided by the Apps for Kids software service is intended to help children design computer-aided design models. The Content is supplied by DS SolidWorks and Registered Users who are identified in connection with the Content by the login, username, and/or other account credentials. You are solely responsible for the Content You, Your child, and/or Your classroom account student provides. By using and/or allowing a child or a classroom account student to use the Apps for Kids software 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 and creation of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) You or Your child when using the public website may be exposed to content that is indecent, offensive, or otherwise objectionable and should immediately inform DS SolidWorks of such Content; 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, the inappropriateness of 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.

The Apps for Kids public website utilizes a flag mechanism that enables users to flag inappropriate content. After a flag is set by a user, DS SolidWorks reviews the Content and may remove the Content if in DS SolidWorks’ sole discretion, DS SolidWorks considers the Content inappropriate.

You, Your child, and student members of Your classroom account may only use Content for You, Your child’s, and Your classroom students’ own personal use. Neither You nor Your child nor student members of Your classroom account may (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 except as permitted under applicable law, (iii) broadcast Content via any media, or (iv) use the Content in a manner that is competitive with the Apps for Kids software service.

An integral part of the Apps for Kids workflow is the idea of “riffing.” Riffing occurs when a first user (“User A”) creates a model and shares the model to the model gallery; then, a second user (“User B”) duplicates that model and places the model in User B’s model area; User B then edits and re-posts the model. The model is marked as “riffed” so that all users see that the model has been used in this way and see how the model has been used and modified. User A remains the original author. All Apps for Kids users grant all other Apps for Kids users the right to duplicate, modify, and re-post models.

User-Supplied Content. The Content is created and provided for the convenience and information of children who are designing models for fun and/or for learning exercises. Registered Users may view, duplicate, and edit Content only for such purposes and not to create content for or add content to another website (e.g., an Internet catalog site or Internet model site). Content may be shared amongst the community of Apps for Kids registered users on the public Apps for Kids website or with a classroom account. Registered Users may copy and edit the Content for model-building purposes. The Content creator shall retain all copyright and other proprietary rights in the original Content and in 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 except as permitted under applicable law. You agree to grant to DS SolidWorks, its affiliates, and (a) all Registered Users of the Apps for Kids software service, or (b) all users in Your classroom account, whichever is applicable to Your Apps for Kids use, an irrevocable and a world-wide, royalty-free, right and license to use the Content You and/or Your child and or Your student shares via the Apps for Kids software service.

ACCEPTABLE USE POLICY. You agree that You, Your child, and/or Your classroom account students will not use the Apps for Kids software 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 an 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 Apps for Kids software service or servers or networks connected to the Apps for Kids software service, or disobey any requirements, procedures, policies or regulations of networks connected to the Apps for Kids software service;

· Stalk or otherwise harass another user;

· Collect or store personal data about other users;

· Promote or provide 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 Apps for Kids software service as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Apps for Kids software service.

COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT. DS SolidWorks will, in appropriate circumstances, terminate the use of the Apps for Kids software service by Registered Users 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 does not comply with these Terms of Use and that constitutes copyright infringement and such infringement is occurring on this Apps for Kids software 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 the Apps for Kids software service.
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.

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

ATTN: Copyright Agent

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 DOES NOT COMPLY WITH THESE TERMS OF USE AND THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON the Apps for Kids software service. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO: solidworks.education@3ds.com.

Links to Other Websites. DS SolidWorks may provide certain links to other websites from the Apps for Kids public website as a convenience to You and/or Your child (e.g., a 3D Printing service). 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.

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 a Registered User, after using his or her 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 shall be bound by any such revisions and are recommended to check for updates on a regular basis.

WARRANTIES AND DISCLAIMERS. THE Apps for Kids software service 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 Apps for Kids software service WILL MEET YOUR EXPECTATIONS, AND (v) THE Apps for Kids software service 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 the Apps for Kids software service IS COMPROMISED BY 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 the Apps for Kids software service OR OTHER MATERIALS OR SERVICES FURNISHED HEREUNDER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF 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) FIVE HUNDRED DOLLARS ($500.00). 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 Apps for Kids software service 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 Apps for Kids software 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 Apps for Kids software 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, Your child’s, and/or Your classroom students’ access to, or use of, the Apps for Kids software service and any Content. Neither You nor Your child nor Your classroom account students may use, download, 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. You hereby represent that neither You nor Your child (a) are citizens of or located within an embargoed or otherwise restricted nation, as set forth from time to time in the Export Administration Regulations (www.bis.doc.gov), or (b) are otherwise prohibited under the U.S. export control laws from using the Apps for Kids software service. All rights to use the Apps for Kids software service are granted on condition that such rights are forfeited if You or Your child or one or more of Your classroom account students fails to comply with the terms of this Agreement.

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 on Your and on Your child’s behalf any and all rights to a trial by jury for any litigation relating to this agreement.

See also the Apps for Kids Privacy Policy.

Revised: May 24, 2018