READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING the Solibri Solution Center.
This is a binding Agreement between Solibri, Inc., and its subsidiaries (hereinafter Solibri), from the City of Helsinki Finland and the company or other legal entity for which you represent or act as an individual (hereinafter ‘You’ or ‘Your’).
Solibri develops solutions, applications, tools, plug-ins, add-ons, libraries, content, data, and other materials (hereinafter “Products”) available on this Solibri Solution Center website (hereinafter “SSC”), subject to the following terms and conditions (hereinafter "Terms").
1. Licensing and Use of Products Requires Limited Personal Information
You acknowledge that you and your company’s user’s personal, but limited, information may be stored in and/or accessed from jurisdictions outside of your resident country. This information is not used for marketing or promotional purposes.
This information is only used for identifying users and giving them access to selected Products. The SSC provides storing of the individual users email (which is also their usernames when logging in to SSC), name and user roles. The only information that must be provided as such is the end users email addresses. It is required that the email sent to the email address must reach the real user, but the email address can be obfuscated using an email forwarding service (or similar) if email address obfuscation is necessary.
2. SSC and Products
You can download certain products from the SSC. You may use the SSC to browse, locate, and download Products to be used either in connection with your licensed Solibri products or to be used as separate standalone Products.
3. License Agreements
Use of the Products is governed by the terms of the end user license agreement or other agreement applicable to each Product (“License Agreement”). You may not install, access or use any Product that is accompanied by or includes a License Agreement unless you have agreed to the terms of the applicable License Agreement. You agree to comply with all local laws and regulations regarding the download, installation and /or use of the Products.
4. Third Party Products
Many of the Products made available for download on this SSC are sourced from independent third party-developers or providers (hereinafter “Publishers”), not from Solibri. Each Publisher is solely responsible for its Products (hereinafter “Third Party Products”), including, without limitation, for (i) any and all content, services or subscriptions provided through or in connection with such Third Party Product, (ii) the development, installation and use of such Third Party Product, (iii) any and all maintenance and support services with respect to such Third Party Product, as specified in the applicable License Agreement or as required by applicable law, (iv) any and all warranties for such Third Party Product, whether express or implied by law, to the extent not effectively disclaimed in the applicable License Agreement, or other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, (v) the investigation, defense, settlement and discharge of any liabilities or claims by you or any third party in any way related to the Third Party Product, including, but not limited to, for product liability, personal injury or death, noncompliance with applicable law, rule or regulation and infringement or misappropriation of a third party’s intellectual property or other rights, and (vi) establishing the purchase price, verifying all payments, collecting and paying all applicable taxes and issuing refunds. Please contact the Publisher directly for refunds, returns or cancellations. Solibri reserves the right (but no obligation) to test, review, filter, refuse or remove any or all Products from the SSC.
Some Products may be available to you at free of charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the SSC. If you wish to purchase a Product, we provide a link on the SSC to a payment provider who will process your payment for such Product (hereinafter “Payment Provider”). Please be aware that the Payment Provider is a third party, and that use of the Payment Provider’s website and related services is governed by the Payment Provider’s terms and conditions, not by these Terms, and Solibri is in no way responsible or liable for the Payment Provider’s terms and conditions. We encourage you to read the Payment Provider’s terms and conditions prior to making any purchases. You agree that Solibri reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
6. Disclaimer of Warranties
THE SSC AND THE PRODUCTS AVAILABLE THROUGH THE SSC AND ANY OTHER INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE SSC COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY MADE TO THE INFORMATION HEREIN. SOLIBRI AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE SSC, THE PRODUCTS AVAILABLE THROUGH THE SSC, AND ANY OTHER INFORMATION, CONTENT, SERVICE(S), SOFTWARE, PRODUCT(S), DOCUMENTS, AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. Limitation of Liability
SOLIBRI'S CUMMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID TO SOLIBRI FOR THE USE OF THE SSC OR ANY OF THE PRODUCTS. IN NO EVENT SHALL SOLIBRI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFIT, EVEN IF SOLIBRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
In case one or more provisions of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such a declaration shall have no effect on the remaining terms herein.
This Agreement shall be construed as under and governed in accordance with the laws of Finland. Both parties agree that the exclusive jurisdiction and venue of any lawsuit between them shall be a court sitting in Finland. When the Finnish court decision is not enforceable Solibri may elect another jurisdiction for legal remedy.
10. Waiver and Release
You acknowledge that Solibri shall have no responsibility or liability whatsoever in connection with the Third Party Products or Publishers and, to the maximum extent permitted by applicable law, You hereby release and waive all claims against Solibri and/or its subsidiaries and affiliates and each of its and their respective employees, officers, directors, shareholders, agents and representatives from any and all liability for claims, damages (direct and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with the Third Party Products or Publishers. The waiver of one breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
11. Additional License Terms for Redistributables
The Products may include source code, binary code, redistributable files, and/or other files provided by a Third Party Products. Since use of Third Party Products may be subject to license restrictions imposed by the third party vendor You should refer to the on-line documentation (if any) provided with Third Party Products for any license restrictions imposed by the third party vendor. In any event any license restrictions imposed by a third party vendor are in addition to, and not in lieu of, the terms and conditions of this Agreement.
The English language version of this Agreement shall be the definitive version and legally binding in the circumstances where any inconsistencies arise between the English version and any translations.
13. Binding Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN SOLIBRI AND YOU, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN SOLIBRI AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.