1. Acceptance of Terms.
2. Prohibited Use.
3. Additional Terms May Apply.
2. Use of Services and Materials.
a. Compliance. By downloading Materials and accessing any Services you expressly agree to adhere to all limitations on dissemination, use and reproduction. Failure to comply with such limitations may result in termination of your access to these services or revocation of any license to downloaded Materials.
b. User Content. Unless expressly agreed to by Tetra 4D in writing, Tetra 4D has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services (“User Content”). “User Content” means any Materials uploaded by you or the other users of the Services. Tetra 4D has no responsibility or liability for the deletion or accuracy of any Materials, including your User Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to your User Content. You are solely responsible for applying the appropriate level of access to your User Content. If you do not choose, the system may default to its most permissive setting. You agree that Tetra 4D retains the right to create reasonable limits on the use of the Materials, including your User Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Tetra 4D in its sole discretion.
c. Account Information. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Tetra 4D immediately. You may not use another person’s Account Information. Tetra 4D may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
d. Permitted Use. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
e. No Circumvention. You agree not to access or attempt to access the Services by any means other than the interface provided by Tetra 4D or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
3. Ownership of Proprietary Information.
b. Ownership of Marks. All trademarks, logos and service marks displayed on the Services (the “Marks”) are the proprietary property of Tetra 4D or applicable third parties. You are not permitted to use the Marks without the prior consent of Tetra 4D or the third party that may own the Marks. Tetra 4D and the Tetra 4D logo are trademarks of Tetra 4D LLC. For a current list of Tetra 4D’s Marks, as well as certain third party Marks, please refer to the posted trademark information at www.tetra4d.com/trademarks.
4. Use of Software.
a. Any Software that is made available to you is the property of Tetra 4D and its suppliers. If the Software made available through the Services is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. Some End User license terms are available for review at www.tetra4d.com/EULA. Other license terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly states otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
b. In the event, no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section 4. Tetra 4D grants you a personal, worldwide, freely revocable, limited, non-transferable, non-sub licensable, royalty-free, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Tetra 4D and Tetra 4D may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Tetra 4D’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Section 14, below and your compliance with the export control provisions of Section 18.
c. The Software may automatically download and install updates from Tetra 4D from time to time. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Tetra 4D to deliver these to you with or without your knowledge) as part of your use of the Services.
5. Use of Tetra 4D Materials and Shared Group Content.
a. Use of Tetra 4D Materials. Except as expressly indicated to the contrary in any applicable Additional Terms, Tetra 4D hereby grants you a nonexclusive, freely revocable (upon notice from Tetra 4D), nontransferable, license to view, download and print Tetra 4D Materials, subject to the following conditions:
- You may access and use the Tetra 4D Materials solely for personal, informational, non-commercial and internal purposes, in accordance with these Terms;
- You may not modify or alter the Tetra 4D Materials;
- You may not distribute, sell, rent, lease, license or otherwise make the Tetra 4D Materials available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Tetra 4D Materials.
- Shared Group Content. Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as “Shared Group Content”. While some Services offer functionality to limit another User’s use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine the limitations, if any, are placed on Shared Group Content that you distribute. You agree that Tetra 4D has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User’s Shared Group Content, including by looking at a given Service’s functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content. The rights granted to you under Shared Group Content in Tetra 4D Materials as specified herein are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No Tetra 4D Materials may be copied or retransmitted unless expressly permitted by Tetra 4D.
6. User Code of Conduct.
a. User Content and Submissions. You agree that you, not Tetra 4D, are entirely responsible for all of your User Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services (“Make Available” or “Submit”), whether publicly posted or privately transmitted. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness.
b. Representation and Warranties. You hereby represent and warrant that: (i) you own the intellectual property rights, or have obtained all necessary license(s) and permission(s), to your User Content that you submit in connection with the Services or Materials; (ii) you have the rights necessary to grant the license and sublicenses described in the these Terms; and (iii) you have received consent from any and all persons depicted in your User Content to use your User Content as set forth in these Terms, including distribution, public display, public performance and reproduction of your User Content.
c. Other User Content or Materials. You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Tetra 4D with respect thereto, and agree to indemnify and hold Tetra 4D, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
d. YOU EXPRESSLY AGREE NOT TO USE, OR TO ENCOURAGE OR PERMIT OTHERS TO USE, THE SERVICES OR MATERIALS TO:
- Submit any User Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalk, intimidate and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Make Available any User Content that you do not have a right to submit under any Law or contractual or fiduciary relationship;
- Make Available any User Content that infringes any Intellectual Property Right or other proprietary right of any party;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
- Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with Tetra 4D or any Service;
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
- Use any Tetra 4D domain name as a pseudonymous return email address;
- Make Available any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Access or use the Services in any manner that could damage, disable, overburden or impair any Tetra 4D server or the networks connected to any Tetra 4D server;
- Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, Software, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
- Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services or Materials;
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
- Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Tetra 4D;
- Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; or
- Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials.
- Collect or store data about other users in connection with the prohibited conduct and activities.
a. Tetra 4D, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Tetra 4D shall have the right, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if it violates these Terms or any Law.
b. Although Tetra 4D does not generally monitor User activity occurring in connection with the Services or Materials, if Tetra 4D becomes aware of any possible violations by you of any provision of the Terms, Tetra 4D reserves the right to investigate such violations, and Tetra 4D may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove your User Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Tetra 4D believes that criminal activity has occurred, Tetra 4D reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Tetra 4D is entitled to retain and/or disclose any information including your User Content or Account Information (or elements thereof), in Tetra 4D’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that your User Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of Tetra 4D, its Users or third parties, including the public at large, as Tetra 4D in its sole discretion believes to be necessary or appropriate.
8. License to User Content.
A note in common terms: We realize that this section might look a bit daunting and so we want to point out a few things. This section only applies to those portions of our sites, such as User Forums, where we intend for users to share content freely with Tetra 4D and with each other. It does not apply to all of the content that you share, contribute or post to our sites. For example, it does not apply to content hosted by CS Live online services, Photoshop.com or Acrobat.com. For services like those, we will provide customized license grants that are consistent with the spirit and intent of those services and that are appropriate for the kinds of content we expect you to share within them. (We say this more formally below.) So we encourage you to be selective when deciding which content to contribute under this license and we want you to be sure that you are comfortable granting the rights in this section when it comes to that content.
a. Tetra 4D does not claim ownership of your User Content. However, except as provided in Section 8(b), you grant Tetra 4D a worldwide (because the Internet is global), royalty-free, nonexclusive, transferable, perpetual, irrevocable, and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Content (in whole or in part) and to incorporate your User Content into other Materials or works in any format or medium now known or later developed.
b. The terms of Section 8(a) shall not apply to your User Content:
- When specifically agreed that Section 8(a) shall not apply in any Additional Terms that may accompany certain Services (such as those provided with CS Live online services, Photoshop.com and Acrobat.com); or
- When your User Content is submitted through Services that are intended for private communication or which allow you to limit public access or use to your User Content and you do in fact limit public access or use.
In the case of your User Content covered by Section 8(b)(i), you grant Tetra 4D only those rights set forth in such Additional Terms. In the case of your User Content covered by Section 8(b)(ii), you grant Tetra 4D a worldwide (because the Internet is global), royalty-free, nonexclusive, transferable, and fully sub licensable license to use, distribute, reproduce, modify, publish and translate Your User content solely for the purpose of enabling your use of the Service. You may revoke this license and terminate Tetra 4D’s rights at any time by removing your User Content from the Service; provided that you agree that Tetra 4D may retain and use copies of your User Content for archival purposes and pursuant to Section 7 (Investigations), above.
You have no obligation to provide Tetra 4D with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Tetra 4D, while you retain ownership in such Feedback, you hereby grant Tetra 4D a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Tetra 4D is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Tetra 4D may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Tetra 4D for the Feedback under any circumstances.
10. Right to Derive Revenue/Advertisements.
Except for the User Content subject to Section 8(b) above, you agree that Tetra 4D may derive revenue and/or other remuneration from your User Content that you Make Available (or Submit) via the Services without payment to you. For example, Tetra 4D may display Tetra 4D and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with your User Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by Tetra 4D on or in conjunction with the Services and/or your User Content are subject to change without specific notice to you.
11. Links to Third Party Sites.
The Services and Materials available on the Site may include links that will take you to other sites outside of the Site (“Third Party Sites”). The Third Party Sites are provided by Tetra 4D to you as a convenience and the inclusion of the links does not imply any endorsement by Tetra 4D of any Third Party Site. Tetra 4D has no control of the Third Party Sites and you agree that Tetra 4D is not responsible for the availability or contents of any Third Party Site (including any advertising, products or other materials on or available from such Third Party Site), any link contained in a Third Party Site Site, or any changes or updates to a Third Party Site.
12. Modifications to Services and Materials.
Tetra 4D may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Tetra 4D shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.
a. Termination by You. These Terms will continue to apply until terminated by notifying Tetra 4D at any time and closing your accounts for all of the Services or Materials that you use, where Tetra 4D has made this option available to you. Your notice should be sent, in writing, to Tetra 4D’s address set forth below.
b. Termination by Tetra 4D. Tetra 4D may at any time terminate these Terms (or portion thereof, such as any individual Additional Terms) with you if:
- You have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
- Tetra 4D is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);
- The provision of the Services or Materials to you by Tetra 4D is, in Tetra 4D’s opinion, no longer commercially viable;
- Tetra 4D has elected to discontinue the Services or Materials (or any part thereof); or
- There has been an extended period of inactivity in your account.
- Tetra 4D may also terminate or suspend all or a portion of your account and/or access to the Services or Materials for any reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of your User Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the Services.
You agree that termination for any of the above reasons shall be made in Tetra 4D’s sole discretion and that Tetra 4D shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including your User Content.
c. Effect of Termination. Upon termination of the Terms for an reason, you shall promptly discontinue use of the Services and Materials. All perpetual licenses and indemnification provisions and any of Tetra 4D’s disclaimers or limitations of damages of liabilities hereunder and Sections 2, 3, 6(b-d), 7, 9-13, 14, 16, 19, 20 and 21 will survive any termination of these terms.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY TETRA 4D “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TETRA 4D MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TETRA 4D OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. TETRA 4D SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OTHERWSIE. TETRA 4D ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
c. TETRA 4D DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THIRD PARTY SITES. TETRA 4D MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED TETRA 4D SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF TETRA 4D. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TETRA 4D WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TETRA 4D ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
e. TETRA 4D WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, PLEASE CHECK YOUR JURISDICTION TO DETERMINE WHICH SO LIMITATIONS MAY NOT APPLY TO YOU.
15. International Users.
a. The Services and Materials can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Tetra 4D intends to announce such Services or Materials in your country.
b. These Services are controlled, operated and administered by Tetra 4D from its offices in the United States of America. Tetra 4D makes no representation that the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Services from jurisdictions where the Services or Materials are illegal is prohibited. Tetra 4D reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, you are responsible for compliance with all local Laws.
16. Limitation of Liability.
a. IN NO EVENT SHALL TETRA 4D, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF TETRA 4D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE TETRA 4D’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TETRA 4D OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
b. TETRA 4D’S AGGREGATE MAXIMUM LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDERED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF TETRA 4D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 16 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
17. Export Control Laws.
You acknowledge and agree that materials, services, products or technology provided by Tetra 4D are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Tetra 4D materials, services, products or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18. Indemnity and Liability.
You agree to indemnify and hold Tetra 4D and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, costs including reasonable attorneys’ fees, due to or arising out of your User Content, your use of the Services or Materials, your connection to the Services or Materials, the actions of any member of your group, your access to or use of Third Party Sites and your connections therewith, any claim that your User Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Materials, your violation of these Terms, or your violation of any rights of another, including any Intellectual Property Rights.
19. Resolution of Disputes.
a. All matters relating to your access to, or use of, the Services or Materials shall be governed by the Laws of the State of Washington, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against Tetra 4D must be resolved by a court located in King County, Washington, United States of America except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in King County, WA United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
b. For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. All claims you bring against Tetra 4D must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Tetra 4D may recover attorneys’ fees and costs up to U.S. $1,000, provided that Tetra 4D has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
d. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that Tetra 4D shall be entitled to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
a. Notices. Any notice provided to Tetra 4D pursuant to the Terms should be sent to 2211 Elliott Avenue, Ste. 145, Seattle, WA 98121; Attention: General Counsel. Tetra 4D may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
b. English Language. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
c. Entire Agreement. The Terms constitute the entire agreement between Tetra 4D and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and Tetra 4D on such subject matter.
d. No Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Tetra 4D’s written consent. Tetra 4D’s rights under the Terms are freely transferable by Tetra 4D.
e. Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
f. No Waiver. Any failure by Tetra 4D to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
g. Report. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs. Please send an email to email@example.com to report any violations.
To receive the following Tetra 4D Maintenance Services, Customer must have a current annual Maintenance Services Contract with Tetra 4D.
1. With a paid Annual Maintenance Services Contract, Tetra 4D shall provide the following Maintenance Services:
1.1 Tetra 4D will provide Customer technical support to a maximum of four (4) named Customer technical support contacts (“Customer’s Technical Maintenance Contacts”).
1.2 Tetra 4D will provide prioritized, web-based maintenance services for the Software to be accessed by Customer’s Technical Maintenance Contacts between the hours of 06:30 and 17:00 Pacific Time Monday through Friday (excluding holidays) via Customer’s secure Customer Portal at http://www.tetra4d.com.
1.3 Tetra 4D will provide code corrections, as may be required to correct Software malfunctions, in order to bring the Software into substantial conformity with applicable documentation. If Customer encounters a problem in the usage of the Software, Customer will provide Tetra 4D with sufficient detail to permit Tetra 4D to understand and reproduce the problem. Tetra 4D will use reasonable efforts to diagnose the problem and if it is mutually determined by Customer and Tetra 4D that the problem represents an error in the Software that causes it to not to operate in substantial conformity with applicable documentation, Tetra 4D will use commercially reasonable efforts to provide a fix release to Customer. In addition, Tetra 4D may, at its sole discretion and from time to time, make fix releases available to users of the Software with current Maintenance Contracts.
1.4 Tetra 4D shall provide to Customer, at no additional charge, all Updates (as defined herein) for the Software to make the Software current, provided that Tetra 4D’s obligations under this Section with respect to each major version (defined by a x.0 version number) of a specific Software product shall continue for a maximum of three (3) years after the first commercial release of that major version of that Software product. If Customer allows their Maintenance Contract to lapse, Customer will not receive the Update until all Maintenance Fees are current for that year and up until the date in which the Update is made available, prior to receiving an upgrade from Tetra 4D. If Customer’s Maintenance Contract has lapsed for more than three (3) years, Customer must purchase a new product license prior to receiving any additional Maintenance features including upgrades.
“Updates” mean those versions of Tetra 4D software products that are designated by a change in the number to the right of the decimal point (e.g., 4.2 to 4.3 or 4.3 to 4.5 if 4.5 is the next version release in the series). Customers with Active Maintenance contracts are entitled to continue receiving and installing all Update releases.
“New Releases” mean those versions of tetra4D Software products that are designated by a change in the number to the left of the decimal point (e.g., 4.2 to 5.0 or 4.2.3 to 5.0).
Customers with active maintenance are entitled to continue receiving and installing all New Releases. This includes all products within any bundled software "Package" or "Suite," including Adobe Acrobat, for which you have an active 12 month maintenance contract. You can renew expired maintenance at any time for up to three (3) years.
Releases designated by Tetra 4D as third digit releases (e.g., 4.2.2 to 4.2.3) are not considered updates for the purposes of this Contract, but rather they are considered as “Fix Releases” which must be requested by Customer. Fix Releases provided to Customer pursuant to this Maintenance Contract will only be for the version of each Software product the Customer is using at the time the Fix Release is issued.
1.5 Customer shall have unlimited secure access to Tetra 4D’s on-line support facility on Tetra 4D’s web site at http://www.tetra4d.com. eSupport is provided to all 3D PDF Product customers with active annual maintenance contract. Support is provided by logging into your customer portal or by emailing firstname.lastname@example.org from any email address associated with a Tetra 4D account.
1.6 Customer shall have access to Tetra 4D’s eSupport services via remote computer access. Should Customer choose to access such services, Customer hereby grants permission to Tetra 4D to remotely access the Software from an external computer controlled by Tetra 4D, including any and all of Customer’s systems on which the Software resides, for the sole purpose of providing Maintenance Services to Customer. CUSTOMER ACKNOWLEDGES THAT IT MAY CONTROL ALL TETRA 4D ACCESS TO THE SOFTWARE AND TO CUSTOMER’S SYSTEMS BY SELECTING A “HIGH” SECURITY SETTING AND MONITORING ALL SUCH ACCESS.
1.7 Licensing Support. Tetra4D provides the following licensing support services:
1.7.1 Flexible Licensing Support is provided to all customers with an active annual maintenance contract. Flexible licensing provides customers with the ability to install any of our 3D PDF Products and Adobe Acrobat software on up to two computers, one for work and the other for home use, provided both computers are used by the same end user, as defined in the software end user license agreement (EULAs).
1.7.2 License Key Regeneration. In the event a Customer needs to regenerate a license key due to a computer system update or migration to a new computer system, Tetra4D will provide customer with new license key regeneration or license key look-up services.
1.7.3 Enterprise Licensing. Enterprise licensing for purposes of this agreement is defined as the delivery of a single license key governing the installation of the Plug-in Software Product and/or Adobe Acrobat on multiple end user computer systems for which a Software Product license has been purchased for each End User. Enterprise Licensing DOES NOT mean floating or networked licenses shared by multiple users. Please review the End User License Agreement in detail for more information. Companies which purchase over fifty (50) Software Product licenses may be eligible to receive Enterprise Licensing support. Customers who are interested in Enterprise Licensing and believe they qualify should contact email@example.com to request enterprise licensing support.
2. Software License. The Software is licensed to Customer for use subject to all the terms and conditions of the End User License Agreement (“EULA”) which is part of the electronic installer for the Software, unless Customer has a written license agreement with Tetra 4D in which case such agreement shall govern use of the Software. Customer agrees and acknowledges that any and all new or upgraded copies of the complete Software provided hereunder are for replacement of the copies of the Software previously licensed to Customer and are not provided as additional copies. Copies of the Software that are replaced must be destroyed. Nothing in this Maintenance Contract shall be construed as increasing the number of copies of the Software licensed to Customer.
3. Annual Maintenance Fee/ Initial Term and Renewals. The Annual Maintenance Fee shall be the fee provided at www.tetra4d.com as amended from time to time. The initial term for Maintenance Services Contract is (1) year, unless otherwise stated. Tetra 4D will provide Customer with a renewal reminder in advance of expiration of the then-current term for Maintenance Services. If the Customer resides in the European Union, the Contract will continue in force for an initial term of one year following the Effective Date. After the initial term, this Contract will be automatically renewed for additional one year renewal terms, unless terminated by either party by written notice given at least 120 days prior to the end of the first renewal term or any subsequent renewal term. Tetra 4D may adjust the maintenance yearly fees after the first year renewal term with at least 120 days advance written notice; provided, however, that any increase in such fee will be no greater than 10% of the fee for the immediately preceding one year renewal term.
4. Right to Discontinue or Modify Services. Customer acknowledges that Tetra 4D has the right to discontinue the manufacture and development of any of the Software and the maintenance for that Software, including the distribution of older Software versions, at any time in its sole discretion, provided that Tetra 4D agrees not to discontinue the maintenance for that Software during the current annual term of this Contract, subject to the termination provisions herein. Maintenance Services Contract shall not automatically renew if Tetra 4D discontinues maintenance services for all of the Software covered by this Contract. Notwithstanding the foregoing, if Tetra 4D discontinues the manufacture and maintenance for a particular piece of Software, maintenance services for any remaining Software covered by this Contract shall not be adversely affected. Tetra 4D reserves the right to alter this Contract, from time to time, using reasonable discretion but in no event shall such alterations result in: (a) diminished Maintenance from the level of support set forth herein; (b) materially diminished obligations for Tetra 4D; or (c) materially diminished rights of Customer. Tetra 4D shall provide Customer with sixty (60) days prior written notice of any material changes to the Maintenance Services contemplated herein.
5. Limitation of Liability. TETRA 4D DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTATION RESULTS, IDENTIFICATION OF ALL VIRUSES, OR THAT ALL ERRORS AND BUGS WILL BE CORRECTED. IN NO EVENT SHALL TETRA 4D’S OR TETRA 4D’S LICENSORS’ TOTAL CUMULATIVE LIABILITY TO CUSTOMER (FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE MAINTENANCE SERVICES PROVIDED UNDER THIS MAINTENANCE CONTRACT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO TETRA 4D FOR THE MAINTENANCE SERVICES IN THE MAINTENANCE TERM IN WHICH SUCH LIABILITY AROSE.
The priority or severity of the Service Request (which consists of the error or question reported to Tetra 4D by one of Customer’s Technical Maintenance Contacts based on a material failure of the Tetra 4D Software to conform to the published product specifications) will be established based on Tetra 4D's published Case Priority definitions which are currently available online at www.tetra4d.com/Support.
Tetra 4D shall undertake reasonable efforts to; a) Acknowledge receipt of a Service Request from a Technical Maintenance Contract within the time allotted (“Response Time”). This will generally be via the same medium of communication by which the Service Request was reported; b) Provide a short status report to Customer within a reasonable time; c) Solve the Service Request by providing a remedy that could take the form of eliminating the defect, providing updates, or demonstrating how to avoid the effects of the defect with reasonable commercial effort. The remedy may also include error corrections, patches, bug fixes, workarounds (i.e. temporary solutions used to complete a task that would not otherwise be possible due to a problem or limitation in the affected Tetra 4D Software Product), replacement deliveries or any other type of software or documentation corrections or modifications. Each party acknowledges that despite a party's reasonable efforts, not all problems may be solvable.
Processing time for Tetra 4D starts from the date and time when Tetra 4D Support acknowledges receipt of a Service Request. If the Service Request cannot be solved within a commercially reasonable timeframe, the Service Request may be escalated within the Tetra 4D support organization or to those companies from which Tetra 4D licenses component technology.
6. Proprietary Rights. The Software is licensed, not sold. All intellectual property rights, including all copyrights and patent rights, in and to the Software shall, at all times, remain with Tetra 4D or its licensors. Tetra 4D and its licensors reserve all rights not expressly granted to Customer. Physical copies of the Software remain the property of Tetra 4D. Customer must fully reproduce any copyright or other notice marked on any part of the Software on all authorized copies and must not alter or remove any such copyright or other notice.
7. Termination or Expiration. Maintenance Services Contract may be terminated by Tetra 4D for any of the following reasons: failure of Customer to maintain the annual Maintenance Services; failure of Customer to make all payments due under the Maintenance Services Contract; abusive or fraudulent use of maintenance services by Customer; or for Breach of License or of Proprietary Rights. If Tetra 4D terminates this Contract as a result of abusive or fraudulent use, breach of License, or of Proprietary Rights, Customer shall immediately cease use of the Software, delete the Software from all computer systems on which it resides, and return to Tetra 4D any media containing the Software as well as any related materials and execute a certificate of destruction. Termination by Customer shall result in an early termination fee equal to the remaining payments due on the then current Maintenance Services Contract. The Parties acknowledge that sections 2, 5, 6, 7, and 8 shall survive expiry or termination of this Contract. In the event the Maintenance Services Contract expires, the Customer shall be permitted to use of Software it received under this Contract, subject to the continued adherence to the terms and conditions of this Contract and the relevant license agreement with Tetra 4D.
8. No Assignment or Transfer. Customer may not assign its license or rights in the Software to any other party or to any other device not supported by these Maintenance Services. For avoidance of doubt, a Customer must maintain an active Maintenance account in order to receive the benefits provided herein. In the event of expiration or termination of the Maintenance Service, Customer is expressly prohibited from assigning, transferring, or otherwise disposing of its license. Any assignment or transfer in violation of the foregoing shall be null and void.
9. General Provisions. This Maintenance Services Contract supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Tetra 4D concerning the subject matter hereof and constitutes the entire agreement between Tetra 4D and Customer regarding provision of Maintenance Services. This Maintenance Services Contract shall be governed by the laws of the State of Washington without reference to conflict of law principles; Customer consents to the personal jurisdiction of the state and federal courts located in King County, Washington. If any action at law or in equity is necessary to enforce the terms of this Maintenance service Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Non-performance of either party shall be excused to the extent that performance is rendered impossible by fire, flood, earthquake, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.
Upon licensing of a Tetra 4D Plug-in Software Product, Tetra 4D shall provide the following Support and Product Update Services:
1.1 “Plug-ins” shall mean any tetra4D Software Product made available as a plug-in to existing commercially available 3rd party software, by way of example, Autodesk® AutoCAD®, currently licensed or owned by you individually or your company.
1.2 “Software Product” shall collectively mean the technology, information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, software code and associated documentation licensed to you under applicable Licensing Agreement whether through Tetra 4D or a third party supplier.
1.3 “Major Version” is defined by the number of the Software Product to the left of the decimal point (e.g., 3.0, 4.0, 5.0).
1.4 “Updates” mean those versions of the Software products that Tetra 4D, at its discretion, deems to be logical improvements or extensions to the current Major Version of the Software Product that has been released for general commercial distribution. In particular, “Updates” mean those incremental versions of tetra4D software that are designated by a change in the number to the right of the decimal point (e.g., 4.2 to 4.3 or 4.3 to 4.5 if 4.5 is the next Update release in the series).
2. Scope. Tetra 4D does not provide annual maintenance agreements or other services for certain Plug-ins. Tetra 4D shall provide to Customer, at no additional charge, all Updates for the Software Product to make the Software Product current, provided that Tetra 4D’s obligations under this section with respect to each Major Version of a specific Software Product shall continue for a maximum of two (2) years after the date of first commercial release of that Major Version. Releases designated by Tetra 4D as third digit releases (e.g., 4.2.2 to 4.2.3) are not considered upgrades for the purposes of this Agreement, but rather they are considered “Fix Releases” which must be requested by Customer. Fix Releases provided to Customer pursuant to this Support Agreement will only be for the Major Version of each Software product the Customer is using at the time the Fix Release is issued. Tetra 4D at its sole discretion, may provide Fix Releases for such critical bugs or defects reported by the User (By way of Example: if there is a complete failure of the CAD translation or generation of a 3D PDF file which materially inhibits the core functionality of the Plug-in). In such cases, Tetra 4D may provide customers with additional web-based and email support to manage and correct such failure.
3. Support. For a period of two (2) years from the date of first commercial release of any Major Version, Customer shall have unlimited access to Tetra 4D’s on-line support facility via Tetra 4D’s secure Customer Portal at www.tetra4d.com.
3.1 Tetra 4D will provide Customer technical support through a maximum of four (4) named Customer technical support contacts (“Customers Technical Contacts”).
3.2 Prioritized, web-based support for the Software Products is available to Customer Technical Contacts between the hours of 06:30 and 17:00 Pacific Time Monday through Friday (excluding US holidays).
3.3 Tetra 4D will provide code corrections, as may be required to correct Software Product malfunctions, in order to bring the Software into substantial conformity with applicable documentation. If Customer encounters a problem in the usage of the Software Product, Customer agrees to provide Tetra 4D with sufficient detail to permit Tetra 4D to understand and reproduce the problem. Tetra 4D will use reasonable efforts to diagnose the problem, and, if it is mutually determined by Customer and Tetra 4D that the problem represents an error in the Software Product that causes it not to operate in substantial conformity with applicable documentation, Tetra 4D will use commercially reasonable efforts to provide a Fix Release to Customer.
3.4 Customer shall have access to Tetra 4D’s Support services via remote computer access. Should Customer choose to access such services, Customer hereby grants permission to Tetra 4D to remotely access the Software from an external computer controlled by Tetra 4D, including any and all of Customer’s systems on which the Software resides, for the sole purpose of providing Maintenance Services to Customer. CUSTOMER ACKNOWLEDGES THAT IT LIMIT CONTROL OF ALL TETRA 4D ACCESS TO THE SOFTWARE PRODUCT AND TO CUSTOMER’S SYSTEMS BY SELECTING A “HIGH” SECURITY SETTING AND MONITORING ALL SUCH ACCESS.
4. Licensing Support. Licensing support is provided to all customers for a period of two (2) years from the date of purchase of a Software Product License. Tetra4D provides the following licensing support services:
4.1 Flexible Licensing. Customers shall be able to install any of our Plug-in Software Products and Adobe Acrobat software on up to (2) two computers, one for work and the other for home use, provided both computers are used by the same end-user, as defined in the software end user license agreement. Customers may request an additional license key at any time during the two-year period from the date of purchase of the Software Product License.
4.2 License Key Regeneration. In the event a Customer needs to regenerate a license key due to a computer system update or migration to a new computer system, tetra4D will provide customer with new license key generation or license key look-up for a period of two years from the date of purchase of the Software Product License.
4.3 Enterprise Licensing. Enterprise licensing for purposes of this agreement is defined as the delivery of a single license key governing the installation of the Plug-in Software Product and/or Adobe Acrobat on multiple end user computer systems for which a Software Product license has been purchased for each End User. Enterprise Licensing DOES NOT mean floating or networked licenses shared by multiple users. Please review the End User License Agreement in detail for more information. Companies which purchase over fifty (50) Software Product licenses may be eligible to receive Enterprise Licensing support. Customers who are interested in Enterprise Licensing and believe they qualify should contact firstname.lastname@example.org to request enterprise licensing support.
5. Software Product License. The Software Product is licensed to Customer for use subject to all the terms and conditions of the End User License Agreement (“EULA”) which is part of the electronic installer for the Software Product, unless Customer has a written license agreement with Tetra 4D in which case such agreement shall govern use of the Software Product. Customer agrees and acknowledges that any and all new or upgraded copies of the complete Software Product provided hereunder are for replacement of the copies of the Software Product previously licensed to Customer and are not provided as additional copies. Copies of the Software Product that are replaced must be destroyed. Nothing in this Maintenance Agreement shall be construed as increasing the number of copies of the Software Product licensed to Customer.
6. Right to Discontinue or Modify Services. Customer acknowledges that Tetra 4D has the right to discontinue the manufacture and development of any of the Software Products and the support for that Software Product, including the distribution of older Software versions, at any time at its sole discretion, provided that Tetra 4D agrees not to discontinue the support for that Software Product during the initial (2) two years after the date of first commercial release, subject to the termination provisions herein. Notwithstanding the foregoing, if Tetra 4D discontinues the manufacture and support for a particular piece of Software Product, support services for any remaining Software Product covered by this agreement shall not be adversely affected. Tetra 4D reserves the right to alter this Agreement, from time to time, using reasonable discretion but in no event shall such alterations result in: (a) diminished support from the level of support set forth herein; (b) materially diminished obligations for Tetra 4D; or (c) materially diminished rights of Customer. Tetra 4D shall provide Customer with sixty (60) days prior written notice of any material changes to the Support Services contemplated herein.
7. Limitation of Liability. TETRA 4D DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTATION RESULTS, IDENTIFICATION OF ALL VIRUSES, OR THAT ALL ERRORS AND BUGS WILL BE CORRECTED. IN NO EVENT SHALL TETRA 4D’S OR TETRA 4D’S LICENSORS’ TOTAL CUMULATIVE LIABILITY TO CUSTOMER (FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE MAINTENANCE SERVICES PROVIDED UNDER THIS MAINTENANCE CONTRACT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO TETRA 4D FOR THE MAINTENANCE SERVICES IN THE MAINTENANCE TERM IN WHICH SUCH LIABILITY AROSE.
7.1 Service Requests. The priority or severity of the Service Request (which consists of the error or question reported to Tetra 4D by one of Customer’s Technical Support Contracts based on a material failure of the Tetra 4D Software to conform to the published product specifications) will be established based on Tetra 4D's published Case Priority definitions which are currently available here. Tetra 4D shall undertake reasonable efforts to: a) Acknowledge receipt of a Service Request from a Technical Maintenance Contract within the time allotted (“Response Time”). This will generally be via the same medium of communication by which the Service Request was reported; b) Provide a short status report to Customer within a reasonable time; c) Solve the Service Request by providing a remedy that could take the form of eliminating the defect, providing updates, or demonstrating how to avoid the effects of the defect with reasonable commercial effort. The remedy may also include error corrections, patches, bug fixes, workarounds (i.e. temporary solutions used to complete a task that would not otherwise be possible due to a problem or limitation in the affected Tetra 4D Software Product), replacement deliveries or any other type of software or documentation corrections or modifications. Each party acknowledges that despite a party's reasonable efforts, not all problems may be solvable.
7.2 Processing time for Tetra 4D starts from the date and time when Tetra 4D Support acknowledges receipt of a Service Request. If the Service Request cannot be solved within a commercially reasonable timeframe, the Service Request may be escalated within the Tetra 4D support organization or to those companies from which Tetra 4D licenses component technology.
8. Proprietary Rights. The Software is licensed, not sold. All intellectual property rights, including all copyrights, trademark, proprietary and patent rights, in and to the Software Product shall, at all times, remain with Tetra 4D or its licensors. Tetra 4D and its licensors reserve all rights not expressly granted to Customer. Physical copies of the Software Product remain the property of Tetra 4D. Customer may not reproduce any copyright or other notice marked on any part of the Software Product and must refrain from altering or removing any such copyright or other notice.
9. Termination or Expiration. This Agreement may be terminated by Tetra 4D for any of the following reasons: abusive or fraudulent use of Support services by Customer; or for Breach of License or of other proprietary rights. If Tetra 4D terminates this Contract as a result of abusive or fraudulent use, breach of License, or of proprietary rights, Customer shall immediately cease use of the Software Product, delete the Software Product from all computer systems on which it resides, and return to Tetra 4D any media containing the Software Product as well as any related materials and execute a certificate of destruction. The Parties acknowledge that sections 2, 5, 6, 7, and 8 shall survive expiry or termination of this Contract. After a period of two years from the first commercial release of the Major Version, Customer shall be permitted to use the Software Product it received under this agreement, subject to the continued adherence to the terms and conditions of this Agreement and the relevant license agreement with Tetra 4D.
10. No Assignment or Transfer. Customer may not assign its license or rights in the Software Product to any other party or to any other device not supported by these Maintenance Services. For avoidance of doubt, a Customer must maintain an active Maintenance account in order to receive the benefits provided herein. In the event of expiration or termination of the Maintenance Service, Customer is expressly prohibited from assigning, transferring, or otherwise disposing of its license. Any assignment or transfer in violation of the foregoing shall be null and void.
11. General Provisions. This Support Services Agreement supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Tetra 4D concerning the subject matter hereof and constitutes the entire agreement between Tetra 4D and Customer regarding provision of Support Services. This Support Services Agreement shall be governed by the laws of the State of Washington without reference to conflict of law principles; Customer consents to the personal jurisdiction of the state and federal courts located in King County, Washington. If any action at law or in equity is necessary to enforce the terms of this Maintenance service Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Non-performance of either party shall be excused to the extent that performance is rendered impossible by fire, flood, earthquake, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.
1.1 THESE TERMS OF SALE ("TERMS") APPLY TO ALL OFFERS, SALES AND PURCHASES OF PRODUCTS (INCLUDING, WITHOUT LIMITATION, HARDWARE AND/OR SOFTWARE) ("PRODUCTS") OR SERVICES ("SERVICES") WHICH ARE SOLD THROUGH THE WEBSITE ON WHICH WE POST THESE CONDITIONS ("SITE") BY: (A) US, TETRA 4D, LLC. (REFERENCES TO "US", "WE" OR "OUR" BEING CONSTRUED ACCORDINGLY) THE SELLER, TO (B) YOU, THE PURCHASER (REFERENCES TO "YOU" OR "YOUR" BEING CONSTRUED ACCORDINGLY).
1.2 ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE RETURNS POLICY.
2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
2.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
2.3 An order submitted by you constitutes an offer by you to us to purchase Products or Services on these Terms and is subject to our subsequent acceptance.
2.4 Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
2.5 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order/commencing Services and accepting your credit card or other payment ("Acceptance").
2.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these Terms for your own records.
3. YOUR REPRESENTATIONS
3.1 You represent that information provided by you when placing your order is up-to-date materially accurate and is sufficient for us to fulfill your order.
3.2 You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access.
3.3 Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products or Services only extend to you on the understanding that you are a user and not a reseller of those Products or Services.
3.4 No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent.
4. PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
4.1 Prices payable for Products or Services are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
4.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
4.3 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are
4.3.1 exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and
4.3.2 exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable; You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your purchase order.
4.4 Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
4.5 Except as expressly provided elsewhere in these Terms or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.
4.6 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
4.7 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, we may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
4.8 No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
4.9 Any extension of credit allowed to you may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
5.1 If you commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against you or you take or suffer any similar action in consequence of debt or we have cause to believe that you are unable to pay your debts as they fall due; or you fail to pay any amount by the due date or breach any of these Terms then, without prejudice to any of our other rights, we may:-
5.1.1 stop any Products in transit; and/or
5.1.2 suspend further Product deliveries; and/or
5.1.3 stop or suspend provision of Services; and/or
5.1.4 by written notice to terminate your order and all or any other contracts between us and you.
6. DELIVERY AND RISK
6.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
6.2 Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
6.3 If you refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:
6.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;
6.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
6.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
6.4 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
6.5 Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
6.6 Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
7. REJECTION, DAMAGE OR LOSS IN TRANSIT
7.1 Except as set out above or under any applicable Returns Policy and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
7.1.1 we shall not be liable and you shall not be entitled to reject Products or Services, except for:
- damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) where notified to us within 5 working days of receipt of the Products;
- defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 30 days of receipt of the Products.
- defective performance of Services (not being defects caused by any act, neglect or default on your part) where notified in writing to us within 5 days of such defect becoming apparent.
7.1.2 we shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
7.1.3 where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
- (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
- in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
- in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
- Replace or repair the Product upon you returning the Product; or;
- Refund the price paid in respect of any Products found to be damaged or defective.
8.1 Where any Product supplied is or includes software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with Software ("License Terms") and/or the Product. In addition:
8.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
8.1.2 Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Conditions and any applicable Returns Policy do not apply in the event that you open the Software shrink-wrap and/or break the license seal and/or use the Software.
8.1.3 Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
9. LIABILITY LIMITATION
9.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10. THIRD PARTY RIGHTS
10.1 You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
10.2 To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
11. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS;
11.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies in this regard.
11.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard. (If applicable, a Returns Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)
11.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
11.3.1 Products have been repaired or altered by persons other than the manufacturer, us or any authorized dealer; and/or
11.3.2 defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
11.3.3 defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered Products.
11.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 11, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
12. CONSENTS, CUSTOMS DUTIES & EXPORT
12.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
12.2 Products licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
12.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
13.1 Any notice or other communications in relation to our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
13.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
13.1.2 If posted, 5 working days after the date of posting;
13.1.3 If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter).
13.1.4 If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
14. PERSONAL INFORMATION AND YOUR PRIVACY
14.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify you ("Personal Data") you other than as set out in our Privacy Statement ("Privacy Statement"). By submitting your Personal Data in relation to your order, you consent to such Personal Data being processed to fulfill your order and in accordance with such Privacy Statement.
14.2 In relation to security of orders that you place with us:
14.2.1 Our secure-server software encrypts all your Personal Data including credit or debit card number and name and address. This means that the characters that you enter are converted into pieces of code that are then securely transmitted over the Internet.
15.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these Terms
15.2 We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
15.3 You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future - subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
15.4 No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
15.5 No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition.
15.6 If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
15.6.1 these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
15.6.2 in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
16. GOVERNING LAW
16.1 The construction validity and performance of these Terms shall be governed by Washington Law and the parties submit to the exclusive jurisdiction of King County, Washington in the event of legal proceedings arising from any dispute;
16.2 The language of any dispute resolution procedure or any proceedings will be English.
How tetra4D will collect, use and share your data
Your privacy is very important to us. Only tetra4D and its authorized contractors and affiliates have access to the information collected on this site, at tradeshows, during webinars and any other way in which you provide us with your contact information. We only have access to information that you voluntarily provide. We will not sell or rent this information to anyone, ever!
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, for example, sharing with a local reseller of our products or with a partner about whose products you have specifically inquired.
Your access to and control over information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
The security of your personal information is very important to us and we are committed to protecting the information we collect. Information gathered will not be traded, rented or sold, and is used solely for tetra4D’s technical support and marketing purposes. tetra4D maintains all customer data within a secure hosted CRM system provided by a third party with firewalls and security measures in place to protect against the loss, misuse, or alteration of information that we have collected.
In order to acquire certain product trials or white papers in this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.
To opt out of future communications and to have your contact information deleted from our database, please contact us.
Tetra 4D respects the Intellectual Property Rights of others and expects its users to do the same. Tetra 4D will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Services, on websites linked to or from the Services, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to Tetra 4D’s Copyright Agent (contact information below), which must contain all of the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the Services;
- Information sufficient to permit Tetra 4D to contact you, such as your physical address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the information in your notice is accurate and under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
If you believe access to your content was disabled or removed by Tetra 4D as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to Tetra 4D’s Copyright Agent (contact information below), which must contain all of the following elements:
- A physical or electronic signature of the subscriber;
- Identification of the material that was removed from the Services and the location of the Service on which the material appeared before it was removed;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Information sufficient to permit Tetra 4D to contact you, such as your physical address, telephone number and e-mail address; and
- A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Santa Clara County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Tetra 4D’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
2211 Elliott Ave., Suite 145
Seattle, WA 98121
By email: email@example.com
By telephone: (206) 734-4490
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Services, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to.