Terms-of-Use

Terms of Use
 
OUR WEB SITE (“www.CAMWorks.com”)
 
Terms and Conditions (“the
Terms of Use”)

You should carefully read the Terms of Use before using
www.CAMWorks.com. By accessing or indicating your
agreement by clicking the Accept button or using this Site in any
way, including using any Services, downloading Materials or merely
browsing the Site (capitalized terms defined below), you agree to
and are bound by the terms and conditions set forth in this
document and in any changes thereto that may publish from time to
time (collectively, the “Terms of Use”). This is a legally binding
agreement. If you do not agree to all of the terms and conditions
contained in the Terms of Use, do not access or use this Site.

Geometric Americas Inc., its affiliates (“GEOMETRIC”)
may change the Terms of Use and other guidelines and rules posted
on the Site from time to time at its sole discretion. Your
continued access or use of the Site, or any Materials or Services,
constitutes your acceptance of the changes. Your access and use of
the Site, Materials and Services will be subject to the most
current version of the Terms of Use, rules and guidelines posted on
the Site at the time of such use. Please regularly check the
“Terms of Use” link in the www.CAMWorks.com to view
the then-current terms. If you breach any of the Terms of Use, your
authorization to access or use this Site, Services and Materials
automatically terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must be immediately
destroyed.

We agree to provide you access to www.CAMWorks.com in
accordance with the Terms of Use.

Use of the Site

GEOMETRIC make this Web site and all other websites of www.CAMWorks.com with links to the Terms of Use
(collectively, the “Site”), and the Materials and Services,
available for your access and use subject to the Terms of Use.
“Materials” means all information, data, documents
(e.g. presentations, pictures, press releases, datasheets, FAQs,
etc.), communications, downloads, files, text, images, photographs,
graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or
enabled via the Site by GEOMETRIC or users of this Site. “Services”
means all services and resources offered or enabled via the Site by
GEOMETRIC and users of this Site, including download areas,
developer tools services, product and other information services
and communications services such as bulletin boards, calendars,
chat areas, communities, e-mail, forums (including lab and user to
user forums), newsgroups, personal webpages, photo albums and other
message or communication facilities designed to enable you to
communicate with others. All Materials provided by GEOMETRIC are
referred to collectively as “GEOMETRIC Materials”. All
user-supplied Materials are referred to collectively as “User
Materials”. GEOMETRIC Materials and User Materials may have
different restrictions and conditions associated with them under
the Terms of Use and other guidelines and rules posted via the
Site.

Intellectual property; limited license to users; trademark
information

Geometric uses “cookies” so that we are aware of which
software you are downloading and can better serve You with tailored
information when you return to our site. Cookies are identifiers
that a web site can send to your browser to keep on your computer
to facilitate your next visit to our site. It may do such things as
store the fact that you utilized certain aspects of the service so
that the next time you visit our site we recognize you have certain
interests. You can, if you wish, set your browser to notify you
when you are sent a cookie, giving you the chance to decide whether
or not to accept it.

Updating Personal Information

The Materials and Services, as well as their selection and
arrangement, are protected by copyrights, trademarks, patents,
trade secrets and all other intellectual property and proprietary
rights (collectively, “Intellectual Property Rights”),
and any unauthorized use of the Materials or Services may violate
Intellectual Property Rights and the Terms of Use. Except as
expressly provided herein, GEOMETRIC and its suppliers do not grant
any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit,
modify, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sublicense or
reverse engineer the Site, Materials or Services, any portions of
the Site, Materials or Services or the selection and arrangement of
the Site, Materials or Services, except as expressly authorized
herein. In addition, you agree not to use any data mining, robots
or similar data gathering and extraction methods in connection with
the Site, Services or Materials.

The trademarks, logos and service marks (“Marks”)
displayed on this Site are the property of GEOMETRIC or other third
parties. You are not permitted to use the Marks without the prior
written consent of GEOMETRIC or such third party that may own the
Marks. www.CAMWorks.com, CAMWorks® and the GEOMETRIC logo
are Intellectual Property Rights of GEOMETRIC.

Other Guidelines

When using Services or Materials, you will be subject to any posted
guidelines, rules or licenses applicable to such Services or
Materials, in addition to the Terms of Use. Materials and Services
provided by third parties (collectively, the “Third-Party
Services”) are governed by separate agreements accompanying
such Materials and Services. GEOMETRIC offers no guarantees and
assumes no responsibility or liability of any type with respect to
the Third-Party Services, including any liability resulting from
incompatibility between a Third-Party Service, Geometric Materials,
GEOMETRIC provided Services or another Third-Party Service. You
agree that you will not hold GEOMETRIC responsible or liable with
respect to the Third-Party Services.

Indemnity and liability

You agree to indemnify and hold GEOMETRIC and its officers,
co-branders, other partners and employees harmless from any claim
or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of: (a) your User Materials and any
other content (e.g. computer viruses) that you may submit, post to
or transmit through the Site (including a third party’s use of such
User Materials or content (e.g. reliance on the accuracy,
completeness or usefulness of your User Materials)); (b) your
access to or use of the Site, Services or Materials (including any
use by your employees, contractors or agents and all uses of your
account numbers, user names and passwords, whether or not actually
or expressly authorized by you, in connection with the Site or any
Services or Materials); (c) your connection to the Site, Services
or Materials; (d) your violation of the Terms of Use; (e) the
actions of any member of your company; (f) your infringement of any
third party’s Intellectual Property Rights when using any of the
software made available on the Site, Services or in any Materials;
(g) your violation of any rights of any third party; (h) your
access to or use of linked sites and your connections thereto; or
(i) any dealings between you and any third parties advertising or
promoting via the Site, Services or Materials.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF
OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY
FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER
ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF
DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY
KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS “www.CAMWorks.com” OR ANY WEB SITE WITH WHICH IT IS
LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY.

Notification of copyright infringement

GEOMETRIC will, in appropriate circumstances, terminate the
accounts of users who infringe the Intellectual Property Rights of
others. GEOMETRIC will investigate notices of copyright
infringement and take appropriate actions under the applicable
law.

Other terms and conditions

  • You agree to use www.CAMWorks.com in a manner consistent with
    any and all applicable rules and regulations.
  • You accept that www.CAMWorks.com is provided on an “as is, as
    available” basis.
  • ALL ARTICLES AND MATERIAL DISPLAYED BY US ON www.CAMWorks.com
    ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
    ADVICE.
  • YOUR ACCESS TO AND USE OF www.CAMWorks.com MAY BE TERMINATED AT
    ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
    SENDING OF NOTICE TO THE OTHER PARTY.
  • WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT
    DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING
    OUR SITE. BY AGREEING TO THESE TERMS YOU AGREE TO SUCH DATA BEING
    SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO
    OTHERS.
  • GEOMETRIC software products contain certain confidential
    information of GEOMETRIC. No part of the Materials published in
    this Site may be reproduced, transmitted, transcribed, stored in a
    retrieval system, or translated into any language in any form by
    any means without the written permission of GEOMETRIC.
  • To the extent that portions of www.CAMWorks.com (such as
    bulletin boards) provide users an opportunity to post and exchange
    information, ideas and opinions (“Postings”), BE ADVISED THAT WE DO
    NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON
    THIS WEB SITE, and Postings do not necessarily reflect our views.
    To the fullest extent permitted by applicable laws, we exclude all
    responsibility and liability for the Postings or for any losses or
    expenses resulting from their use and/or appearance on
    www.CAMWorks.com.
  • We reserve the right [but are not obliged] to monitor all
    materials posted on this Site or on Site’s bulletin board and to
    remove any which we consider in our absolute discretion to be
    offensive or otherwise in breach of these Terms of Use.
  • You hereby represent and warrant that you have all necessary
    rights in and to all Postings you provide and all material they
    contain and that such Postings shall not infringe any proprietary
    or other rights of third parties.
  • Where we provide hypertext links to other sites we do so for
    information purposes only, and such links are not endorsements by
    us of any products or services in such sites and we accept no
    liability nor make any endorsement or approval of the same.
  • The Terms of Use contain the entire understanding between us
    with respect of www.CAMWorks.com and no representation, statement;
    inducement oral or written, not contained herein shall bind either
    of us.
  • Should any part of the Terms of Use be declared invalid or
    unenforceable by a court of competent jurisdiction, this shall not
    affect the validity of any remaining portion and such remaining
    portion shall remain in full force and effect as if the invalid
    portion of the Terms of Use had been eliminated.

Forum Rules

The following are the terms and conditions of participation
(“Terms and Conditions”) in the www.CAMWorks.com
forums. Following rules are also applicable to community and forum
of this site. By participating in this forum, users hereby agree to
be bound by and warrant their full compliance with the following
Terms and Conditions, along with the CAMWorks.com Legal and Privacy
Statement, whose terms are incorporated herein by reference. This
forum may only be used for the purpose of discussing matters
related to or arising out of the software and services management
industries. GEOMETRIC accepts no responsibility for the opinions
and information posted on this forum by others.

GEOMETRIC DISCLAIMS ALL WARRANTIES WITH REGARD TO INFORMATION
POSTED ON THIS FORUM, WHETHER POSTED BY GEOMETRIC OR OTHERS; THIS
DISCLAIMER INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
GEOMETRIC BE LIABLE FOR ANY SPECIAL, DIRECT,INDIRECT OR
CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER, RESULTING
FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF ANY INFORMATION POSTED ON THIS
FORUMS.

Do not post any defamatory, libelous, vulgar, obscene, abusive,
profane, threatening, hateful, racially, ethnically, or otherwise
offensive or illegal information or material, and do not utilize
this forum in any illegal manner. Do not post any information or
other material protected by copyright without the permission of the
copyright owner. Do not use any words, logos or other marks that
would infringe upon the trademark, service mark, certification
mark, or other intellectual property rights of the owners of such
marks without the permission of such owners. Do not post any
confidential information or any information that would infringe
upon the proprietary, privacy or personal rights of others. Do not
post, upload, email or otherwise transmit any material containing
software viruses or other computer code or files designed to
interrupt, harm, delete, or otherwise interfere with or limit the
functionality of any computer software or hardware or
telecommunications equipment. Do not forge or otherwise manipulate
identifiers in your post in an attempt to disguise, impersonate, or
otherwise misrepresent your identity or affiliation with any other
person or entity. You agree to indemnify and hold GEOMETRIC and
their officers, agents and employees harmless from any claim or
demand, including reasonable attorneys fees, made by any party due
to or arising from your use of or posting upon this forum, or your
violation of any rights of another. By posting material, the
posting party warrants and represents that it owns the copyright
with respect to such material, has received permission from the
copyright owner, or that the material is in the public domain. The
posting party further warrants and represents that it otherwise has
the full and unencumbered right to post such material and that such
posting will not infringe any rights or interests of others. In
addition, the posting party grants GEOMETRIC and users of this
forum a non-exclusive, irrevocable license to display, copy,
publish, distribute, transmit, print, and use such information or
material in any manner, without payment to the posting party. This
forum shall not be utilized in any manner that violates federal or
state antitrust laws or other laws prohibiting anticompetitive
practices. The antitrust laws generally prohibit any agreement or
understanding inconsistent with the right and obligation of
competitors to exercise independent business judgment in pricing
their products or services, dealing with their customers and
suppliers, and selecting the markets in which to compete. No
express agreement or understanding is required; one can be inferred
from statements or conduct. Do not post any information regarding
specific prices or fees charged or paid, and do not post any
information concerning prices, pricing practices, discounts, or
other terms or conditions of sale either obtained by or offered to
another entity. Do not post any information concerning market
shares, salaries, costs, sales territories, profit margins, or
encouraging the selection or rejection of customers or suppliers.
All postings shall be of an informational nature and for
informational purposes only. Commercial use or any other
unauthorized use of this forum is prohibited. Do not use this forum
to solicit or conduct business, including the direct or indirect
marketing of users’ products or services, in any manner. This forum
may not be used to provide information, materials, products, or
services in exchange for compensation of any kind. GEOMETRIC
reserves the right, but not the obligation, to monitor this forum
for inappropriate postings, but do not undertake editorial control
of postings or comments. However, in the event that any
inappropriate posting or unauthorized use of this forum is brought
to GEOMETRICs attention, including but not limited to prohibited
posting and usage as outlined herein, GEOMETRIC reserves the right
to terminate, without prior notice, forum access of any user who
does not abide by these guidelines. During monitoring, postings may
be examined, recorded, copied, censored, deleted, or used for
authorized purposes. Use of the forum, authorized or unauthorized,
constitutes consent to such monitoring. GEOMETRIC reserves the
right at any time and from time to time to modify or discontinue
this forum with or without notice, and shall not be liable to any
party for such modification, suspension, or discontinuance.

Governing Law

These Terms of Use and Terms and Conditions shall be interpreted
under and governed by the laws of The Commonwealth Of
Massachusetts, US. In any claim or cause of action arising from or
related to your use of this forum, you agree to submit to the
personal and exclusive jurisdiction of The Commonwealth Of
Massachusetts, US.

 
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