CADLearning

4D DESIGN SOLUTIONS, LLC
END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY MATERIALS AND VIDEOS OFFERED BY 4D DESIGN SOLUTIONS, LLC OR ITS AUTHORIZED DISTRIBUTORS, LICENSEES OR RESELLERS. BY PURCHASING, DOWNLOADING, STREAMING, INSTALLING, ACCESSING OR USING SAID MATERIALS OR VIDEOS YOU AGREE TO BE LEGALLY BOUND BY THIS END USER LICENSE AGREEMENT.
I. Grant of Rights.
This end user license agreement (ìAgreementî) is by and between 4D Design Solutions, LLC (ì4Dî) and the individual or entity (each, a ìUserî) that purchases, accesses, downloads, streams, installs or otherwise uses the videos (and related materials) that accompany this Agreement (upon purchase within the product packaging, or otherwise) which are produced, commissioned or authored by 4D (ìContentî), whether such User received the Content directly from 4D or its authorized distributors or resellers. Provided that the User purchases the right to view the Content in accordance with 4Dís standard payment terms and order forms, 4D hereby grants User a limited, non-exclusive, terminable, non-transferable license to access and view the Content in accordance with this Agreement for personal use only by download, stream or installation from a storage device, as applicable. If a User fails to pay any fee or other payment due with respect to its purchase of a license to use the Content, the User may not use the Content in any manner. In no event shall a User be entitled to a refund of any fees paid. A ìUserî shall also include authorized educators, administrators and students that purchased a right to view the Content from a User; provided that the original User has received a right to sub-license the Content with the foregoing parties from 4D or its authorized distributors or resellers (pursuant to a written agreement).
4D may, in its sole discretion, make changes to the Content, including but not limited to, adding and/or removing Content.
All rights not expressly granted to Users pursuant to the Agreement are reserved to 4D, and all uses of the Content by Users not expressly permitted hereunder are prohibited.
II. Permitted and Prohibited Uses.
a. Use for Educational, Non-Commercial Purposes Only. Users may only use the Content in accordance with this Agreement for personal, bona fide educational and research purposes only, and may not use the Content for any commercial or for-profit manner. 4D reserves the right to limit the use of the Content by a User if, in its sole and absolute discretion, 4D deems such use inconsistent with educational and research purposes, and/or inconsistent with this Agreement.
b. Downloading of Content. At its option, 4D may allow Users to download copies of the Content from a website owned by 4D or it distributors, licensees or resellers. Users must delete or erase copies of the Content upon the termination of this Agreement. Such downloading shall be for individual User convenience only, and Users may not (1) systematically download any of the Content, (2) create distribution "libraries", or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party unless authorized in writing by 4D.
c. Notices and Attribution. Users must maintain all copyright, trademark and proprietary notices included with, attached to or embedded within any Content, without modification, obstruction or deletion.
d. Dissemination of Content. In the course of using any Content as permitted hereunder, Users may not make the Content, or any part thereof, available to any third party except as permitted herein. Users must ensure that the Content is at all times kept on a secure server or computer, viewable only by the User. If a User wishes to use a third party to host the Content, 4D must approve the use of such host in advance and in writing, and 4D shall have the right to approve the terms of agreement between such host and the User.
e. Prohibited Uses. Except as expressly set forth herein, Users may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Content or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof from a website; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Content's control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Content or 4D or its content providers, or in any manner that 4D may, in its sole discretion, deem inappropriate.
III. Ownership.
As between Users and 4D, the Content is the property of 4D, and constitutes the intellectual property of 4D. The Content is protected by United States and international copyright and trademark law. By using the Content, even as permitted hereunder, the Users do not gain any ownership interest in the Content.
IV. Security and Use of Passwords.
Each User may be required to create a username, password, and passcode for the purpose of accessing the Content (the "Log-In Information"). Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Content by unauthorized persons using a User's Log-In Information. Unauthorized access to or use of the Content by someone using a User's Log-In information may be attributed to such User.
V. Communications from 4D.
4D may periodically contact Users for customer service purposes. By accessing the Content, Users consent to receive such communications. Users shall promptly provide 4D with any and all information regarding its use of the Content that 4D reasonably requests. Each User agrees that 4D may reference its business relationship with User in its marketing or sales materials.
VI. Changes to Terms of Use.
4D reserves the right to change this Agreement from time to time. Such changes will become effective when 4D either posts the revised Agreement on its website or communicates the revisions to the User.
VII. Termination of the Agreement; Effect of Termination or Expiration.
If a User breaches this Agreement, 4D may terminate the Agreement in whole or in part immediately upon written notice to the User. Upon the termination of the Agreement, all rights granted to User herein shall terminate, and all access to and use of the Content by the User must cease. Accordingly, upon the termination of this Agreement, the User must erase, delete or destroy any Content it received prior to the Agreement termination.
VIII. WARRANTY DISCLAIMER. THE CONTENT IS PROVIDED ìAS ISî WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AS SUCH WARRANTIE S ARE HEREBY DISCLAIMED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONTENT IS ASSUMED BY YOU. 4D DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE CONTENT.
IX. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 4D OR ANY OF ITS EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT, WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN TO 4D. IN NO EVENT SHALL 4DíS AGGREGATE LIABILITY IN CONNECTION WITH THE CONTENT (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) EXCEED THE LICENSE FEE PAID FOR THE CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
X. Release.
Users release and waive all claims against 4D, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of the use of the Content by User. California residents waive any rights they may have under ß1542 of the California Civil Code, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Subscriber and its Users agree to release unknown claims and waive all available rights under California Civil Code ß1542 or under any other statute or common law principle of similar effect.
XI. User Representations.
Each User represents and warrants that (i) the User has full power and authority to enter into this Agreement, and to agree to all the terms and conditions contained in this Agreement; (ii) only the User shall access the Content; and (iii) the User will at all times use the Content only as expressly permitted by this Agreement.
XII. Indemnity. User shall defend, indemnify and hold 4D, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, officers, shareholders, employees, agents and representatives of each of the foregoing, harmless against and from any and all claims, damages, liabilities, costs and expenses arising out of any violation by User of this Agreement, any modification or edit made to any portion of the Content, and the use of any portion of the Content with products or services not supplied by 4D.
XIII. Equitable Relief. Each User hereby acknowledges and agrees that the Content possesses a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by 4D as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to 4D for which 4D would not have an adequate remedy at law. Therefore, User agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to 4D, 4D shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
XIV. Survival. All representations, warranties, and indemnities shall survive the expiration or prior termination of this Agreement.
XV. Reporting Infringement.
By accessing and/or using the Content, Users agree to report to 4D all claims or suspected claims of copyright or other infringement of 4D's intellectual property or other proprietary rights. Claims of infringement should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
XVI. Miscellaneous.
This Agreement shall be construed and enforced under the laws of the State of New Hampshire, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the exclusive jurisdiction of the federal and state courts located in the State of New Hampshire. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. This Agreement constitutes the sole agreement between the User and 4D with respect to the subject matter herein.