1. Agreement to Terms of Use
These Terms of Use apply to the Altium Ltd. website located at www.altium.com and all associated websites linked to that website by Altium or its subsidiaries throughout the world (collectively, the “Website”). The Website is the property of Altium, Ltd. (“Altium”). BY USING THE WEBSITE YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE EXIT THE WEBSITE AND REFRAIN FROM FURTHER USE.
Altium reserves the right in its sole discretion to modify, amend or add to these Terms of Use at any time. It is your responsibility to check the Website for such changes. Your use of the Website after changes have been posted shall constitute acceptance of such changes. So long as you agree to and comply with these Terms of Use Altium grants you a non-exclusive, non-transferable limited license to enter and use the Website.
2. Ownership and Legal Protection
All content contained on the Website, including all text, graphics, trademarks and logos, sound, images and all underlying computer code (collectively, the “Content”) , together with all associated trade dress or “look and feel” of the Content on the Website is exclusively owned by Altium or licensed to it for use on the Website and is protected by numerous intellectual property and other laws, including but not limited to copyright, trademark, trade dress and unfair competition laws. Unless otherwise stated herein, no part of the Website may be copied, reproduced, republished, translated, transmitted or distributed in any manner (including “mirroring”) without Altium’s prior written consent. So long as you are in compliance with these Terms of Use, you may download information regarding Altium products from the Website for your personal use only, so long as you do not remove any proprietary notices contained in such downloads. The right to copy such product information in no way grants you any other rights in the Content.
3. Restrictions on Website Usage
The license granted to you to use the Website is expressly conditioned upon your refraining from any of the following activities, and such license shall automatically terminate in the event you do engage in any such activities whether Altium discovers or is aware of such actions or not:
- taking any action that creates an unreasonable traffic or other load on the Website or on any Altium infrastructure that supports the Website;
- gaining access to any protected area of the Website or to any of the infrastructure that supports the Website through hacking, password mining or other illegitimate means for discovering security information;
- gaining access to the personally identifiable information of any visitor to the Website other than your own;
- taking any action that interferes with or attempts to interfere with the proper working of the Website or with any other visitor’s use of the Website;
- reproducing, uploading, downloading, linking to, framing, performing in public, distributing or transmitting the Content or any portion thereof without Altium’s prior consent;
- using any device to automatically or manually scan, probe or monitor the Website or any portion thereof;
- taking any action that modifies or attempts to modify any of the Content on the Website;
- submitting any materials to Altium via the Website that: a) are proprietary to you or any third party; or b) do not accurately identify you or identify you in a false way so as to hide your identity;
- using the Website for any purpose prohibited by these Terms of Use.
4. Privacy
Altium’s Privacy Policy applies to the Website and is incorporated by reference into these Terms of Use. You may view such Policy by clicking on the Privacy Policy link on the Website home page.
5. Links to Other Websites
The Website may contain links to third-party, non-Altium websites. Such links are provided for your convenience only and Altium does not control or endorse any such third-party websites nor is Altium responsible for any damage that you suffer in linking to or interacting with such third-party websites.
6. Purchase of Altium Products or Services
While the Website contains information concerning Altium products and services and the manner in which you can purchase the same, such products and services are subject to additional terms and conditions not contained in these Terms of Use. In the event of a conflict between these Terms of Use and such other specific terms and conditions related to a product or service, the latter shall govern. Altium may make changes to the information on the Website regarding its products and services but does not warrant or guarantee that all such information is at all times current and you should check with Altium or an Altium reseller in the event you have questions about the currency of such information.
7. Accounts and Security
If at any time a portion of the Website requires that you open an account with Altium you may be asked to provide an identifier and password for your account. It is your sole responsibility to maintaining the confidentiality of such account information and you are solely responsible for any activity undertaken in connection with your account in the event you fail to maintain confidentiality of the account information.
8. Idea Submission
While Altium remains committed to listening to its users about improving products or services, you understand that any ideas, inventions or materials (collectively, “Materials”) that you submit to Altium using the Website shall become the exclusive property of Altium and by submitting the same you relinquish all rights in the Materials upon their submission and waive any right to hold Altium liable for its use of or failure to use such Materials in any way.
9. Disclaimer
ALTIUM DOES NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED. THE CONTENT ON THE WEBSITE IS PROVIDED ON AN “AS-IS BASIS AND IS SUBJECT TO CHANGE AT ANY TIME IN ALTIUM’S SOLE DISCRETION. ALTIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTIUM ALSO DISCLAIMS ANY LIABILITY FOR ANY DAMAGE YOU SUFFER BY DOWNLOADING ANY FILES OR CONTENT FROM THE WEBSITE OR FROM ANY THIRD-PARTY WEBSITE TO WHICH ALTIUM’S WEBSITE IS LINKED, WHETHER DUE TO A COMPUTER VIRUS OR ANY OTHER REASON. YOUR SOLE REMEDY AGAINST ALTIUM FOR ANY CLAIMED DAMAGE IS TO CEASE USE OF THE WEBSITE OR THE CONTENT. THIS DISCLAIMER APPLIES TO ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT OR STATUTORY CAUSE OF ACTION WHETHER NOW EXISTING OR LATER COMING INTO EXISTENCE.
10. Limitation of Liability
Except where prohibited by law, in no event shall Altium be liable to you for any indirect, consequential, incidental, punitive or exemplary damages, including but not limited to lost profits or computer down time associated with your use of the Website or the Content, even if Altium has been notified of the same. If for any reason this limitation of liability is not enforced and Altium is held liable to you in connection with your use of the Website or the Content, you agree that the maximum damages that Altium shall be liable for is $100 U.S. Dollars. In the event you live in a jurisdiction that prohibits limitations of liability this Section shall not apply to you without derogation of the application of the other Terms of Use to you.
11. Indemnity
You agree to indemnify, defend and hold harmless Altium and its officers, directors, employees and agents from any demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of your use of the Website or Content.
12. Violations of Terms of Use
Altium may at any time take action to bar your continued use of the Website or Content if it determines in its sole discretion that you have violated these Terms of Use or any other agreements that you have entered into with Altium. You also agree that any violation by you of these Terms of Use would be an unfair business practice for which monetary damages would not adequately compensate Altium and that Altium is entitled to injunctive relief if required to prohibit further violations. Such relief is in addition to and not in lieu of any other remedies that Altium is entitled to seek in the event of any violation of these Terms of Use. In the event that Altium does take legal action against you for any such violation and prevails, you shall be liable to Altium for all reasonable expenses and attorneys’ fees associated with such legal action.
13. Governing Law; Dispute Resolution
You agree that all disputes that arise out of or are in any way related to your use of the Website or the Content shall be governed exclusively by California, U.S.A. law, without regard to its choice of law principles or rulings. You agree to the personal jurisdiction and venue of the state and federal courts in Santa Clara, California in connection with any such dispute and waive any objection to such jurisdiction or venue unless such exclusive jurisdiction is prohibited by the laws of your residence, in which case you may bring your action in the country of your residence. Any claim that you have against Altium related to the Website or Content must be brought within one (1) year of your discovery of the same or from when you reasonably could have discovered the same. Claims relating to your purchase of products or services from Altium shall be governed by the agreements applicable to your purchase. Both parties agree that prior to taking legal action they will attempt in good faith to resolve the matter informally between them through at least some effort in discussing the same and any legal action taken without such effort shall be void.
14. Administration of Website
Altium administers its Website and other related websites from various locations throughout the world. Although the Website is accessible worldwide, not all features, products or services discussed or disclosed in the Content are available to all persons in all locations. Altium reserves the right in its sole discretion to limit the access of any Altium product or service to any person in any geographic area notwithstanding reference thereto in the Content. Any offer made on the Website is void where prohibited. If you choose to access the Website from outside the United States you do so at your own risk and are solely responsible for complying with local laws.
These Terms of Use set forth the entire understanding and agreement between the parties in connection with your use of the Website and Content and supersedes any and all other agreements regarding the same, whether in writing, oral or established by course of dealing. You may not modify the terms of this Agreement without Altium’s written consent. If any portion of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, such portion shall be eliminated to the minimum extent necessary without effecting the other provisions of these Terms of Use. Any failure by Altium to enforce any portion of these Terms of Use shall not be construed as or constitute a waiver by Altium of any such portion or any other portion thereof. You agree that there are no intended or permitted third party beneficiaries of these Terms of Use.
