Ansys app catalog Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You (as defined below) and Ansys, Inc. (“Ansys,” “we,” or “us”). The following terms and conditions (“Terms”) govern your access to and use of the Ansys application marketplace, including any content, functionality, and services offered on or through the preceding (the “Ansys app catalog”), whether as a guest or a registered user. When used herein, “You” or “you” will be understood to mean (i) the person that is accessing the Ansys app catalog (the “User”) and (ii) where applicable, the company or legal entity on whose behalf the User is acting as an employee, consultant, agent, or other personnel (the “Company”).

Please read the Terms carefully before you start to use the Ansys app catalog. By using the Ansys app catalog or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Ansys app catalog.

By using the Ansys app catalog, you represent and warrant that you, as a User, are capable of and authorized to: (i) accept the Terms in your individual capacity as a User, and (ii) where applicable, accept on behalf of and bind your Company to the Terms. If you do not meet the preceding requirements, you must not access or use the Ansys app catalog.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we make them available, and apply to all access to and use of the Ansys app catalog thereafter.

Your continued use of the Ansys app catalog following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Purchases from Ansys app catalog

While using the Ansys app catalog you will have the capability to purchase the access and use of various content such as software applications, plugins, workflows, tools, models, and other materials (“Licensed Content”) that are made available on the Ansys app catalog by third party developers (each a “Developer”) and/or by Ansys itself. When you purchase Licensed Content from a Developer through the Ansys app catalog (a “Third Party Content”) that purchase will be subject to additional legal terms provided by that Developer (“Third Party Content Terms”). When you purchase Licensed Content from Ansys or any of its affiliates through the Ansys app catalog (an “Ansys Content”) that purchase will be subject to additional legal terms provided by Ansys or that affiliate (“Ansys Content Terms”). You accept these additional legal terms when you access the Licensed Content by, for example, downloading, installing, using, or otherwise receiving the Licensed Content, and these additional legal terms are accepted by you as a User and on behalf of your Company.

When you purchase Licensed Content that is described in the Ansys app catalog or in the applicable legal terms as having a finite time period for use, your right to use that Licensed Content will be limited to the time period that is described (a “Finite License Term”). When you purchase Licensed Content that is not associated with a Finite License Term, your right to use that Licensed Content will be perpetual (a “Perpetual License Term”). Violation of these Terms or any applicable Third Party Content Terms or Ansys Content Terms may result in the temporary suspension or permanent termination of a Finite License Term or Perpetual License Term.

Ansys is not responsible for providing maintenance or support for Third Party Content, and maintenance and support, if any, will be provided solely by the Developer according to the Third Party Content Terms.

Ansys does not provide any warranties or representations for Third Party Content, and warranties or representations, if any, will be provided solely by the Developer according to the Third Party Content Terms.

These Terms do not provide for, and expressly disclaim, any maintenance, support, or warranties for Ansys Content, and you must instead look to the Ansys Content Terms that are applicable to that particular Ansys Content.

Except as expressly permitted in Third Party Content Terms or Ansys Content Terms: (i) you will not distribute or make Licensed Content available or usable by more than one individual user at any time; (ii) you do not have the right to transfer, redistribute, or sublicense the Licensed Content to any party outside of your Company; and (iii) you will not modify, reverse engineer, disassemble, derive the source code of, or create derivative works of any Licensed Content.

Payments for Licensed Content; Payment Methods

Ansys may provide payment processing options for your purchase of Licensed Content from the Ansys app catalog. These payment processing options may be subject to additional third party payment processor terms that govern your use of a particular payment processor’s tools or platforms, and you will accept and agree to abide by any such relevant payment processing terms when making a purchase. You are solely responsible for all payable amounts that are associated with any purchases you make on the Ansys app catalog.

You are responsible for any duties, customs fees, levies or other taxes and any related costs (excluding taxes on Developer’s or Ansys’ income) associated with your purchase of Licensed Content (“Taxes”), whether or not such Taxes are charged to you at the time that you pay for Licensed Content.

You may associate one or more payment methods with your Ansys app catalog account, and Ansys will charge your selected payment method for your purchases of Licensed Content made through the Ansys app catalog, including any applicable Taxes. If you have associated multiple payment methods with your Ansys app catalog account, you agree and authorize Ansys to charge any of those payment methods if your selected method initially or subsequently fails for any reason. If for any reason Ansys is unable to charge any payment method in association with a transaction, you will remain responsible for any uncollected amounts, and Ansys may at its discretion reverse or remove your access to the Licensed Content.

Licensed Content Availability; Defective Licensed Content

Once Licensed Content is accessible to you, you should promptly and thoroughly review and verify the functionality of that Licensed Content to ensure that it operates as described in the Ansys app catalog or related documentations, and notify the Licensed Content provider as soon as reasonably possible if your review notes any errors or defects.

Ansys will make your purchased Licensed Content available via the Ansys app catalog (i) for as long as Ansys has the right and capability to make that Licensed Content available to you, and (ii) in the case of Licensed Content associated with a Finite License Term, for the period of time associated with that Finite License Term. In rare cases Ansys may have to remove certain Licensed Content from the Ansys app catalog, such as where Ansys’ rights to provide the content terminate, where Ansys determines that the Licensed Content is in breach of applicable legal terms, or where Ansys determines that the Licensed Content. Ansys will endeavor to provide prior notice of any such removal but in some cases that may not be possible, so we recommend that you maintain a backup copy of any of your Licensed Content.

Disclaimer of Warranties for Ansys app catalog & Licensed Content

Ansys does not provide any warranties of any kind under these Terms for the Ansys app catalog or any Licensed Content obtained through the Ansys app catalog. Ansys does not provide any support, services, or maintenance under these Terms for any Licensed Content obtained through the Ansys app catalog. Your warranty for Licensed Content, if any exists, and your remedy for any deficiency, damage, harm, or cost associated with Licensed Content, if any exists, is provided solely by the applicable Third Party Content Terms or Ansys Content Terms. To the extent that applicable Ansys Content Terms provide a warranty or remedy related to particular Licensed Content, those Ansys Content Terms will take priority over this disclaimer.

TO THE FULLEST EXTENT PROVIDED BY LAW, ANSYS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY LICENSED CONTENT OBTAINED THORUGH THE ANSYS APP CATALOG OR BY YOUR USE OF THE ANSYS APP CATALOG OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSYS APP CATALOG OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU AGREE THAT ANSYS HAS NO RESPONSBILITY CONTINUE MAKING LICENSED CONTENT AVAILABLE TO YOU, AND ANSYS WILL NOT BE LIABLE TO YOU IF YOUR PURCHASED LICENSED CONTENT BECOMES UNAVAILABLE FOR DOWNLOAD.

ANSYS WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR USE OF THE ANSYS APP CATALOG, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

YOUR USE OF THE ANSYS APP CATALOG, LICENSED CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSYS APP CATALOG IS AT YOUR OWN RISK. THE ANSYS APP CATALOG, LICENSED CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSYS APP CATALOG ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ANSYS NOR ANY PERSON ASSOCIATED WITH ANSYS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ANSYS APP CATALOG. WITHOUT LIMITING THE FOREGOING, NEITHER ANSYS NOR ANYONE ASSOCIATED WITH ANSYS REPRESENTS OR WARRANTS THAT THE ANSYS APP CATALOG, LICENSED CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSYS APP CATALOG WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANSYS APP CATALOG OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ANSYS APP CATALOG OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSYS APP CATALOG WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ANSYS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Intellectual Property Rights

The Ansys app catalog and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ansys, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title, or interest in or to the Ansys app catalog or any content on the Ansys app catalog is transferred to you, and all rights not expressly granted are reserved by Ansys. Any use of the Ansys app catalog not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Ansys app catalog only for lawful purposes and in accordance with these Terms. Your account and/or your access to software or other content through the Ansys app catalog will be temporarily or permanently disabled if Ansys determines that you have violated any of these Terms. You agree not to use the Ansys app catalog:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Ansys app catalog, or that interferes with the proper working of the Ansys app catalog, or which, as determined by us, may harm Ansys or users of the Ansys app catalog, or expose them to liability.
  3. Use any robot, spider, or other automatic device, process, or means to access the Ansys app catalog for any purpose, including monitoring or copying any of the material on the Ansys app catalog.
  4. Use any manual process to monitor or copy any of the material on the Ansys app catalog, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Ansys app catalog, the server on which the Ansys app catalog is stored, or any server, computer, or database connected to the Ansys app catalog.

User Contributions

The Ansys app catalog may contain interactive features such as discussion features, product review features, and other features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Ansys app catalog.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Ansys app catalog, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Ansys, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Ansys app catalog.

Monitoring and Enforcement; Termination

We have the right to:

  1. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Ansys app catalog or the public, or could create liability for Ansys.
  2. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Ansys app catalog.
  4. Terminate or suspend your access to all or part of the Ansys app catalog for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Ansys app catalog. YOU WAIVE AND HOLD HARMLESS ANSYS AND ITS AFFILIATES,

LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
  5. Contain any “Personal Information”, meaning information relating to an identified or identifiable individual.
  6. Be likely to deceive any person.
  7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  9. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  11. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy (https://www.ansys.com/content/dam/legal/ansys-dmca-policy-notice.pdf) for instructions on sending us a notice of copyright infringement. It is the policy of Ansys to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Ansys app catalog is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Ansys app catalog, or by anyone who may be informed of any of its contents.

The Ansys app catalog includes content provided by third parties, including software applications provided by third party developers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Ansys, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Ansys. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Data Privacy

To the extent that any data You provide to Ansys contains Personal Information, such Personal Information will be processed in accordance with the Ansys Global Privacy Notice (available at www.ansys.com/privacy). Ansys is a global company with its headquarters in the United States (US), so please understand that the Personal Information you submit to Ansys may be transferred outside of the country where you reside or are located, including to the US. Ansys shall ensure that any such comply with applicable data protection laws, including, to the extent applicable, restrictions on cross-border data transfers under the General Data Protection Regulation (Regulation (EU) 2016/679) and other applicable laws. Before accepting these Terms, please make sure you have read and understood Ansys Global Privacy Notice (available at www.ansys.com/privacy).

Please note that, when you access, use, or purchase Third Party Content, any Personal Information you make available to the Developer for that access, use, purchase will be governed by the Third Party Content Terms, including its privacy terms and policies. Ansys is not responsible, does not control nor does it make any warranty for any Third Party Content Terms, including its privacy terms and policies. If you proceed with the access, use, or purchase of Third Party Content, you are deemed to have read and understood the Developer’s privacy terms and policies.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANSYS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ANSYS APP CATALOG, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE ANSYS APP CATALOG OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANSYS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE NET AMOUNTS RECEIVED AND RETAINED BY ANSYS IN ASSOCIATION WITH YOUR PURCHASE OF LICENSED CONTENT FROM WHICH THE CLAIM OR DAMAGES AROSE.

Indemnification

You agree to defend, indemnify, and hold harmless Ansys, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Ansys app catalog, including, but not limited to, your User Contributions, any use of the Ansys app catalog’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Ansys app catalog.

Entire Agreement; Governing Law

The Ansys app catalog Terms of Use include the Ansys Website Terms of Use (https://www.ansys.com/legal/legal-notices#tab1-2) and the Ansys Global Privacy Notice (https://www.ansys.com/legal/privacy-notice), which are incorporated by reference herein, and such Terms collectively constitute the sole and entire agreement between you and Ansys regarding the Ansys app catalog and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Ansys app catalog, or any other Ansys software, services, or products. To the extent that any part of the Ansys app catalog Terms of Use conflicts with any part of Website Terms of Use or any other documents or terms that are incorporated, these Ansys app catalog Terms of Use will control. To the extent that any Ansys Content Terms associated with particular Licensed Content conflicts with these Terms, the Ansys Content Terms will control with respect to that Licensed Content.

As described above, you may also be subject to additional terms and conditions separate from these Terms, including but not limited to additional terms that apply in relation to your purchase of Licensed Content and your selection and use of payment processing methods.

Your relationship to Ansys under these Terms will be governed by the laws and within the venues provided by the Ansys Website Terms of Use, and will additionally exclude the United Nations Convention on the International Sale of Goods from application to any of these Terms.

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