Privacy

Cosmic Blobs License Agreement

The terms and conditions that follow set forth a legal agreement (“Agreement”) between you (either an individual or an entity), the end user, and the creator of Cosmic Blobs, SolidWorks Corporation, a Delaware corporation with its principal place of business at 300 Baker Avenue, Concord, Massachusetts 01742 USA ("SolidWorks"), relating to the computer software known as Cosmic Blobs (the "Software"). The term "Software" includes and these terms and conditions also apply to (i) any updates or upgrades to the Software that you may receive from time to time and (ii) any add-in modules to the Cosmic Blobs software you may order and install from time to time. You may not load or use the Software in any computer or copy it without a license from SolidWorks. SolidWorks hereby offers you a non-exclusive license on the terms set out in this Agreement. You should carefully read these terms and conditions BEFORE downloading, installing and/or using the Software. Installing and using the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, promptly delete the Software and the accompanying items (including written materials) for a refund. This is a license agreement and not an agreement for sale. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you.

1. Grant of License. SolidWorks grants to you a nonexclusive license to install and use the Software, which may include electronic user documentation, on any single computer (i.e., if you change computers, you must un-install the Software from the old computer before installing it on the new computer). The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. SolidWorks reserves the right to embed a software security mechanism within the Software to control access to the Software. From time to time a license for Software may include access to certain internet tools and services developed by SolidWorks at www.cosmicblobs.com. These internet capabilities are provided at no additional charge, are gratuitous and may be modified and/or withdrawn at any time.

You may not lease, rent or sublicense the Software or the license granted by this Agreement. You may not use the Software on or over a network or any other transfer device (including the Internet). You may not modify or make works derivative of the Software and you may not analyze for purposes competitive to SolidWorks, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except in accordance with Article 4 below, if applicable, as it contains trade secrets of SolidWorks and its licensors.

You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement and the Software and all associated printed materials and you retain no copies and the recipient agrees to all of the terms of this Agreement.

If you fail to comply with any of the terms and conditions of this license, your rights to use the Software will automatically end, you must stop using the Software, remove the software from your computer and permanently erase all copies of the Software.

Support for the Software is available via email at support@cosmicblobs.com.

2. Ownership of the Software/Restrictions on Copying. SolidWorks or its licensors own and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Software, including all animations, audio, images, music, video, design look and feel, and text included in the Software. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You obtain only such rights as are specifically provided in this Agreement. You may copy the Software into any machine-readable form for back-up purposes and within the license restrictions of Article 1. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers.

3. Limited Warranty, Exceptions & Disclaimers

a. Limited Warranty. SolidWorks warrants that the Software will be free of defects in materials and will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of receipt by you. SolidWorks does not warrant that the Software or support will meet your requirements or that the operation of the Software will be uninterrupted or error free or that any internet tool or service will be completely secure. This limited warranty is void if breach of the warranty has resulted from accident, corruption, misuse or neglect of the Software. SolidWorks makes no other warranties, express, implied or arising by custom or trade usage, and specifically disclaims the warranties of merchantability and fitness for a particular purpose. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article 3 more than one year after the date on which the breach of warranty occurred.

b. Remedies. SolidWorks' entire liability and your sole remedy under this warranty shall be to use reasonable efforts to repair or replace the nonconforming media or Software. If such effort fails, SolidWorks or SolidWorks' distributor or reseller shall (i) refund the price you paid for the Software upon return of the nonconforming Software and a copy of your receipt, or (ii) provide such other remedy as may be required by law. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer. Except as set forth above, the Software is sold “AS-IS” and with all faults.

c. Limitations on Liability. Except as required under local law, the liability of SolidWorks and its licensors, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with the Software furnished hereunder shall not exceed the license fee you paid for the Software. In no event shall SolidWorks or its licensors be liable for special, indirect, incidental, punitive or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits, loss of goodwill) arising out of or in connection with the use of or inability to use the Software, even if SolidWorks or its licensors have been advised of the possibility of such damages. However, certain of the above limitations may not apply in some jurisdictions.

4. European Software Directive. If the provisions of the European software apply to your use of the Software, please notify us if you wish to obtain the information necessary to achieve interoperability of an independently created computer program with the Software.

5. Shutdown Feature. If you have a demonstration version of the Software you acknowledge and agree that the Software contains an automatic shutdown feature (the "Shutdown Feature") which if activated will render the Software inoperable. The Shutdown Feature will automatically activate within approximately 5 days after the Software is installed unless an access code that overrides the Shutdown Feature ("Registration Code") is entered. To obtain your Registration Code you must purchase a license for the Software via www.cosmicblobs.com or from an authorized reseller.

6. General Provisions: You acknowledge that the Software may be subject to the export control laws of the United States and agree not to export or re-export the Software or the Documentation(i.e., move the Software from the country in which you first licensed it) without the appropriate United States government licenses and the written approval of SolidWorks and its licensors. This Agreement shall be governed by and construed and enforced in accordance with the substantive laws of The Commonwealth of Massachusetts without regard to the United Nations Convention on Contracts for the International Sale of Goods and will be deemed a contract under seal. The English language version of this Agreement shall be the authorized text for all purposes, despite translations or interpretations of this Agreement into other languages. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

7. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights), DFARS 252.227-7202 (Commercial Computer Software and Commercial Computer Software Documentation) and in this Agreement, as applicable. Contractor/Manufacturer: SolidWorks Corporation, 300 Baker Avenue, Concord, Massachusetts 01742.

8. Canadian Sales. If you purchased this product in Canada, you agree to the following:

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only.

Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.

You further agree that this Agreement is the complete and exclusive statement of your agreement with SolidWorks relating to the Software and supersedes any other agreement, oral or written, or any other communications between you and SolidWorks relating to the Software; provided, however, that this Agreement shall not supersede the terms of any signed agreement between you and SolidWorks relating to the Software.

You confirm that the person purchasing the license is an adult and has the legal capacity to enter into this agreement.