Ansys Terms and Conditions - May 2023

Ansys Developer Portal Terms of Use

April 20, 2023

 

Welcome to the Ansys Developer Portal (the “Developer Portal”). The Developer Portal is owned and operated by ANSYS, Inc. (“Ansys”) and is a collection of websites and other applications to help users engineer new solutions to automate, engage, and extend the power of simulation. By accessing, browsing, or using the Developer Portal and related Content and Submissions you acknowledge that you have read, understood, and agree to be bound by these Developer Portal Terms of Use (the “Terms”). By accessing the Developer Portal and any related Content and Submissions, you also agree to comply with applicable laws and regulations, including export and re-export control laws. If you do not agree to these Terms, you are not authorized to use the Developer Portal. Please read these Terms carefully before accessing the Developer Portal.

Ansys reserves the right, at its discretion, to modify these Terms at any time by posting revised Terms on the Developer Portal. You should review these Terms regularly to ensure your acceptance of any changes. In the event you do not accept any changes, you should discontinue your use of the Developer Portal immediately. Your continued access or use of the Developer Portal constitutes your acceptance of the updated Terms. If you have any questions about these Terms, please contact ansysdevelopers@ansys.com.

 

  1. GENERAL: These Terms govern your use of the Developer Portal and any text, data, information, or software that Ansys may make available through the websites (the “Ansys Content”) and any data uploaded to the Portal by users (“User Content,” together with Ansys Content the “Content”). ANSYS, Inc. reserves the right to change these Terms at any time at its sole discretion, including removal of the Content.
  2. ELIGIBILITY: You must be at least eighteen (18) years old or the age of majority in your jurisdiction to use and participate in the Developer Portal. If you wish to contribute User Content or Submissions on the Developer Portal, you must have an Ansys ID Account and agree to the User Terms of Service and acknowledge the Ansys Privacy Notice. You are responsible for maintaining the confidentiality of your Ansys ID password and account and assume all liabilities and responsibilities for any and all activities that occur under your account.
  3. USER CONDUCT: You may use the Developer Portal for the sole purpose of learning, and sharing and exchanging ideas with other users and in strict accordance with the following requirements and guidelines:
    • Any information you post in the Developer Portal will become public information. You agree to use the Developer Portal in accordance with all applicable laws, regulations or judicial requirements.
    • You shall not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, nor should you disclose any information that would constitute a violation of any confidentiality obligations you may have to Ansys or to any third party.
    • You may only register for one user account for yourself and you may not register for a user account on behalf of any individual other than yourself.
    • You are prohibited from soliciting the Developer Portal users from joining outside websites or online organizations.
    • You are expressly prohibited from compiling and using the Developer Portal users’ personal information that may be accessible to you for the purpose of creating marketing lists or using such information for commercial or any other solicitation purposes.
    • You are prohibited from accessing or attempting to access any other Developer Portal user’s account or misrepresent or attempt to misrepresent your identity while using the Developer Portal.
    • You are prohibited from posting or transmitting Content that discusses illegal activities with the intent to commit them, Content that is libelous or that defames or threatens any other Developer Portal users, harassing statements, hate speech, or Content that could generally be considered obscene anywhere in the Developer Portal.
    • You are prohibited from engaging in any conduct or activity that restricts or inhibits any other Developer Portal user from using or enjoying the site or expose any other Developer Portal user to any liability or detriment of any type.
    • You are prohibited from taking any action that could have an effect of damaging the public Portal or its security or using any device, software, or routine to interfere or attempt to interfere with the proper working of the public Portal site.
    • You are prohibited from using or attempting to use any search engine, software, tool, agent or other device or mechanism to navigate, search, or collect data from the site other than any search engines or search agents that are made available to you on the Developer Portal site.
    • You are prohibited from posting Content that could be confused with official communications of Ansys or another Developer Portal user.
    • You are solely responsible for obtaining and maintaining any equipment necessary to access the Developer Portal.
  4. CONTENT:
    • Ansys Content
      • All Ansys Content is copyright protected under the laws of the United States and other applicable countries, and such copyrights are owned by ANSYS, Inc. or the original creator of the material. Any name, product names, trade names, and logos within the Ansys Content are registered trademarks of ANSYS, Inc. or its licensors. You may not use these trademarks without the written permission of Ansys. The Ansys trademark may not be used in connection with any Ansys product or service or in any manner that is likely to cause confusion or be misleading.
    • User Content
      • You agree that any and all content, including without limitation any and all User Content that you provide to the Developer Portal is perpetually and irrevocably licensed to Ansys on a worldwide, royalty-free, non-exclusive basis, and you grant Ansys the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such User Content without compensation or attribution to you.
      • You should be aware that all User Content you contribute is available for public copy, use, modification, and redistribution under the MIT License.
  5. USER SUBMISSIONS: As a user of the Developer Portal, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles and other materials and User Content (each a “Submission”) available through the Developer Portal. Users are solely responsible for all Submissions. Ansys has no control over Submissions, and we do not endorse any Submissions. Additionally, Ansys does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of others.
  6. MODERATION: The Developer Portal is intended to be a place for developers to connect, communicate, and share information. To ensure and foster a positive environment, Ansys may designate certain employees to act as moderators/administrators for the Developer Portal. Ansys reserves the discretion to remove and alter any User Content or Submission at any time, with or without notice, for violation of these Terms, the Ansys Privacy Notice, otherwise being deemed inappropriate and/or unlawful, or for any other reason. Ansys may block users who violate these Terms from posting and/or to terminate the user’s Ansys ID account in its sole discretion.
  7. WARRANTY: All Content and Submissions are provided to you via the Developer Portal on an “as-is” and “as available” basis without any warranty of any kind. Ansys does not represent or warrant the suitability or accuracy of any Content or Submission and disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising from course of dealing, usage or trade practice. The User Content and Submission constitutes the views and opinions solely of the user(s) and not of Ansys. You acknowledge that Ansys does not warrant that the provision of the Developer Portal will be uninterrupted, timely, secure, or error-free.
  8. INDEMINIFICATION: You will indemnify and hold Ansys, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Developer Portal and any User Content or Submission made available on the Developer Portal by you, your violation of these Terms, or your infringement of any third party intellectual property right.
  9. LIMITATION OF LIABILITY: IN NO EVENT SHALL ANSYS, INC. AND/OR ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, MEMBERS, STOCK HOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES OF ANSYS, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS), ARISING OUT OF, OR RELATED TO, THE USE OF CONTENT EVEN IF ANSYS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. EXPORT LIMITATION AND REQUIREMENTS: By accepting these Terms, you are stating that if you chose to access the Developer Portal from a location other than the United States you do so pursuant to your own initiative and volition and are responsible for compliance with applicable United States export control laws and regulations. You agree to comply with all export and re-export restrictions and regulations of the United States Department of Commerce and any other United States or foreign governmental agencies in connection with your access to and use of the Developer Portal, and you agree not to transfer, or authorize the transfer, of any data or services to a prohibited person or country in violation of any applicable and relevant export laws or regulations. Expressly, but without limitation, data may not, in violation of any laws, be exported or re-exported to any United States embargoed country(ies) or to anyone on any United States denied party lists (such as, but not limited to the Specifically Designated Nationals List or the United States Department of Commerce Denied Persons List). By using data or information subject to any such restrictions or regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Ansys will investigate and work in collaboration with all enforcement authorities to prosecute any users who are involved in violations of any of these terms, which may result in civil and/or criminal liability.
  11. GENERAL:
    • Feedback. You acknowledge and agree that any interaction with or feedback provided by you to Ansys, either directly stated or implied, may be used by Ansys to improve Ansys products and services in the future. Ansys shall be the sole owner of any and all developments, modifications, enhancements, changes or new proprietary information or intellectual property that is developed in relation to any Ansys software or related services (“Improvements”), including, without limitation, comments or feedback (“Feedback”) that is provided by you to Ansys. Ansys shall have all rights associated any such Improvements and Feedback without recourse of reference to you.
    • Privacy: To provide the Developer Portal, Ansys may process certain information that identifies or is identifiable to you (“Personal Data”). Ansys processes such Personal Data as a data controller on the legal basis of its legitimate interest to provide the Developer Portal and ensure compliance with these Terms. The Developer Portal is primarily operated and managed on servers located and operated within the United States. Accordingly, by submitting your Personal Data to the Developer Portal, you consent to the sending your Personal Data outside of the country where you reside or are located, including to the United States. For additional information on how Ansys processes Personal Data, please see the Ansys Privacy Policy.
    • Governing Law and Venue: These Terms shall be governed by the substantive law of the Commonwealth of Pennsylvania, excluding the United Nations Convention on the International Sale of Goods and choice of law provisions. You consent to the venue and jurisdiction of the federal and state courts maintaining jurisdiction over Washington County, Pennsylvania for purposes of any legal proceedings arising under or relating to this Agreement. You acknowledge that Ansys shall be entitled to seek injunctive relief in addition to all other remedies for any breach of these Terms by You.
    • Entire Agreement: If any provision of these Terms is found to be invalid, such provision will be ineffective only to the extent of such invalidity without invalidating the remainder of these Terms.

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