Discover and select more than 150 software & hardware solutions certified by Dassault Systèmes to increase the power of your CATIA, DELMIA, ENOVIA, SIMULIA, 3DVIA and EXALEAD configuration.

Home Extending Dassault Systèmes' Solutions thanks to approved partners

DS PLM MARKETPLACE TERMS OF USE

Please Read the Following "Terms of Use" Carefully.

 

PLM Market Place (the “Market Place”) is provided by Dassault Systèmes (“DS”) to

• facilitate exchanges of information and development of direct commercial relationships between DS Application, Hardware or Services Partners (“Referenced Partner(s)”) and DS Channel Partners (“Channel Partner(s)” or “CP”) about V5 and V6 PLM (for example CATIA, ENOVIA, DELMIA, SIMULIA, 3DVIA VIRTOOLS products,

• insert customers stories about Partners solutions as add-ons of DS solutions.

 

By accessing, viewing, using or downloading materials of this Market Place, You agree to be bound by these Terms of Use, as amended from time to time.

Registration, User Names, Passwords and Access.

When opening an account to i) post any information/content on the Marketplace, and/or ii) registering to the Private Section of the Marketplace as described hereunder, You represent that You have the authority to represent Your company. After opening an account, You will be provided with a personal User Name and Password, which you shall maintain in strict confidentiality and which shall not be transferred, disclosed or sold to another party. You will be responsible for keeping Your user name and password confidential. You shall notify DS immediately upon learning of any unauthorized use of Your user name or password.

 

For any instruction, communication, or other information (“Transmission”) DS receives from a source using your user name and password, DS is entitled to consider such Transmission as having been sent by You.

 

You acknowledge and agree that DS may access, preserve and disclose Your account information and Your content, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

- comply with legal obligations,

- enforce the Terms of Use,

- respond to claims that any Content uploaded violates the rights of third parties,

- protect the rights, property or security of DS, its users and the public

Personal Data.

The DS PLM Market Place Privacy Policy will govern the use of Your information.

Your Content.

i. Definition

Your “Content” is defined as any information You provide DS in relation to the use of this Market Place including contributions to the PLM MP Blog and customers stories.

 

The Content You post must comply with DS’ technical requirements and format. By posting Your Content on or through this Market Place, You agree that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You are entirely responsible for Your Content, obtaining and maintaining all rights, licenses, permissions, releases, approvals, clearances, credit, or attribution information relating to Your Content and paying any applicable royalties or fees in connection therewith.

 

No detailed offers, nor price lists or special discounts shall be inserted in the public section of the Market Place.

 

 ii. Restrictions.

You may not upload, post, email or otherwise transmit any of Your Content on or through the Market Place that:

1. is false, inaccurate or misleading;

2. is harassing, threatening, hate speech, or racially or ethnically offensive, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

3. is obscene, indecent or contain child pornography;

4. infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

5. is unlawful, fraudulent or involve the sale of counterfeit or stolen items;

6. is in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;

7. creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers;

8. links directly or indirectly to or includes descriptions of goods or services that: (i) are prohibited under these Terms of Use; or (ii) You do not have a right to link to or include;

9. contains any viruses, time bombs, Trojan horses, worms or other computer programming routines designed to interfere with, interrupt or disrupt the operations of the Market Place and/or the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

10. causes the Market Place to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Market Place is in any way impaired.

 

iii. License.

By submitting or publishing Your Content or otherwise making Your Content available for display on or through the Market Place, You grant DS, its affiliates, and any DS’ third party suppliers, the royalty-free, worldwide, non-exclusive license for DS and its suppliers to use, reproduce, distribute, perform, display, modify and translate, such Content (in whole or part) as required to operate the Market Place and to promote the Market Place, including via DS’ public websites. In particular, You grant DS and its affiliates the right to use Your company trademark for the purpose of promoting the Market Place.

 

iv. Content liability.

Members are solely liable for their Content. DS is not responsible for the completeness, accuracy, and/or authenticity of any Content. DS does not endorse and assumes no obligation to monitor or filter any Content posted, or otherwise made available, on or through the Market Place. However, DS reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any Content, and may take any reasonable action it deems necessary or appropriate with respect to any Content, that does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate, in DS' sole judgment, or following a written notification to DS describing the offence with the facts & legal texts related to this request and with the justification that the author of the alleged content didn’t answer to the request or couldn’t be reached.

 

DS will comply with any court order in disclosing the identity or location of any person posting Content on the Market Place.

Use of the Market Place

You agree that You will not:

a. use the Market Place, or any part thereof, to harm any other person in any way;

b. impersonate any person or entity, including, but not limited to, a DS officer, director, or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

c. falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted on or through the Market Place;

d. interfere with or disrupt the Market Place or servers;

e. "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Market Place;

f. harvest, collect or store information about users of this Market Place or Content posted by others on this Market Place or use such information for any purpose inconsistent with the purpose of this Market Place;

g. use any automated procedure to gather information or data on or from the Market Place by means of what is commonly called a "bot" or otherwise;

h. breach or attempt to breach the security of software, Market Place, servers, data, computers or other hardware relating to the Market Place or that of any third party that is hosting or interfacing with any part of the Market Place, or use or distribute on the Market Place software or other tools or devices designed to compromise privacy or security;

i. re-use the Market Place content (either DS’ Content or other Member Content), contact or opportunities out of the Market Place without DS’ authorization.

Warranties.

By submitting or sending Your Content to DS or otherwise making Your Content available for display on or through the Market Place, You warrant and represent that You have all the necessary rights for You to provide, post, upload, input or submit Your Content. You hereby agree to defend, indemnify and hold harmless DS and other users from and against any and all liability, losses, costs and expenses (including reasonable attorneys’ fees) incurred by DS or other Members in connection with any claim arising out of (i) any claim that if proven true would constitute a material breach of these Terms of Use, (ii) any use of Your account or password by any person, whether or not authorized by You, or (iii) any claim arising out of Your Content, including, but not limited to, claims for defamation, violation of rights to privacy, intellectual property infringement claim, and any claim or liability relating to Your Content, accuracy, quality or performance of Your Content and/or products or services offered via the Market Place. DS reserves the right, at DS’ own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim.

Ownership of the Market Place.

You acknowledge that the entire content of the Market Place (other than Your Content or other user’s Content) ("Market Place Content") are the intellectual property of DS and/or its third party licensors and are protected by copyrights, trademarks, and other intellectual property rights thereto. You may not download or save a copy of the Market Place Content or any portion thereof, for any purpose, except You may print a copy of individual screens appearing as part of the Market Place and download content from the Market Place solely for Your personal, noncommercial use or records, and for the sole purpose of this Market Place, provided that any proprietary rights notices, marks, logos or other legends that appear on any such copies remain on, and are not removed. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, display, transmit, adapt, reverse engineer, or in any way exploit the Market Place Content, without DS’ express prior consent. You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Market Place or Your rights in licenses thereto, or use any portion of the Market Place to operate a time sharing service, service bureau or perform services for third parties. This section does not apply to the Personal Data which are governed by the Privacy Policy.

Links.

DS is not responsible for the content of any sites that may be linked to or from the Market Place, such as links made to Member’s websites. These links are provided for Your convenience only and You access them at Your own risk. Any other web site accessed from this Market Place is independent from DS, and DS has no control over the content of that other web site. In addition, a link to any other web site does not imply that DS endorses or accepts any responsibility for the content or use of such other web site. You should refer to the policies posted by such linked sites regarding data collection, privacy and other topics before You use them. You hereby agree that DS may insert links from the Market Place to the website of Your company.

Specific Terms applicable to the Private Section of the PLM Marketplace

Membership Eligibility

The private section of the Market Place (the “Private Section”) is designed for business to business transactions only and is not opened to consumers, nor to End Users.

 

The Private section is intended to be a non-exclusive location to introduce where Referenced Partners can post Referenced Partners offers (“Offers”) and CPs can consult such Offers, in order to identify relevant solutions for their own DS V5 and V6 PLM (for example CATIA, ENOVIA, DELMIA, SIMULIA, 3DVIA VIRTOOLS) End Users (“End Users”). The Private section is available only to registered members ("Members") and their authorized users ("Authorized Users"), being either a DS Application, Hardware or Services Partner (“Referenced Partner”) or a DS Channel Partner (“Channel Partner” or “CP”) who have, as the case may be, signed a membership agreement with DS (being either a Referencing Agreement or a Channel Partner Agreement). Members understand and agree that the Private Section only aims at facilitating occasional transactions among them within the scope described above. If Members wish to set up regular relationships, they must enter into separate appropriate agreements outside the scope of the Private Section of the Market Place.

 

Description of offer posting/selection process on the Market Place.

You acknowledge and agree that the process for posting, reviewing and selecting Offers on the Private Section is as follows:

- Referenced Partners inform DS of the Offers they intend to post on the Market Place and provide DS with all requisite details regarding the same. Referenced Partners are solely responsible for the offers they decide to post on the Market Place.

- Referenced Partners post Offers on the Market Place on a per category basis;

- CPs consult the Market Place for information about Referenced Partners Offers. CPs can browse Offers per domain, Subdomain, Products, Company or keywords;

- If a CP identifies an offer which readily matches its end user’s needs, CP will get End Users sign the Order Form available on-line (“Order Form”) of the relevant Referenced Partner. CP will then submit it through Market Place to the Relevant Referenced Partner at the stated conditions for the Offer;

- Upon receipt of a completed Order Form from a CP for one of its valid Offers, the relevant Referenced Partner issues an acknowledgement of order or other form acknowledging its acceptance of such order.

Your Registration and Sign Up Obligations.You acknowledge and undertake that all information that You provide in order to become a registered Member of the Market Place and/or regarding your offers to be posted on the Market Place is and shall be accurate, up-to-date and not misleading or deceptive. You are solely responsible for verifying and keeping such information up-to-date and DS assumes no obligation whatsoever in this respect. If You provide any information that is untrue, inaccurate, not current or incomplete, or if DS has reasonable grounds to suspect the same, DS has the right to suspend or terminate Your account and refuse any and all current or future uses of the Market Place (or any portion thereof).

 

Fees.Members are required to pay fees to DS for using this Market Place as described in their respective agreement with DS.

 

Limited Access to the Offer.

You acknowledge that Offers are accessible only for a limited period of time and that You are solely responsible for making copies of the Offers if you wish to be able to refer to the Offer after the Offer is no longer accessible on the Market Place, notably for evidence purposes.

Confidentiality.

     i. Confidential Information means

DS’ Confidential Information. Information about the Market Place technology, the Market Place’s functionalities, architecture, interface features, are proprietary and confidential information of DS and You hereby agree not to share such information with third parties or use such information except to support Your Market Place use as described herein.

Members Confidential Information. Referenced Partner Content in the private section of the Market Place, such as transaction data and other information You may provide while using the Market Place is of sensitive nature. Therefore, information contained in the Referenced Partner Content is considered as Confidential Information (except as otherwise expressly stated).

     ii. The receiving party will hold any Confidential Information in strict confidence for the term of these Terms of Use and for a period of three (3) years after the expiration or termination of these Terms of Use and will use such Confidential Information only in accordance with the terms of these Terms of Use. The receiving party shall limit the use of, and access to, the Confidential Information for the sole purpose of the Market Place. The receiving party shall, by appropriate means, prevent the unauthorized disclosure, publication, display or use of any Confidential Information. Without limiting the generality of the foregoing, the receiving party shall require all employees, agents, or contractors who shall have access to the Confidential Information to execute, prior to such access, a non-disclosure agreement providing for at least the same protection of the Confidential Information as is provided for by this section. Members shall not remove any trademark or copyright, restricted rights, limited rights, proprietary rights or confidentially notice included in or affixed to products or services, any promotional materials or any Confidential Information and shall reproduce all such notices on any copies of products or services, accordance with these Terms of Use.

 

Security.

DS undertakes to implement reasonable technical and organizational measures to protect the Private Section from unauthorized access.

Interruption of Your Access to the Market Place.

DS reserves the right to take any reasonable action DS deems necessary or appropriate, such as suspending or terminating Your Market Place use, if Your Content or Your conduct causes or creates a risk to DS, or as necessary for DS to provide maintenance services for the Market Place.

Disclaimer of Warranties.

This market place is provided “as is” and “as available”, without warranty of any kind, either express or implied. Without limitation of the foregoing, DS and its affiliates disclaim all warranties, including, but not limited to: (i) any warranties, concerning the availability, accuracy, appropriateness, reliability, completeness or timeliness, usefulness of the Market Place and the Market Place content thereon; and (ii) any warranties of merchantability, fitness for a particular purpose, title and non-infringement, and (iii) any warranties that the Market Place will be secure, uninterrupted, not delayed or suspended, unchanged or error free. Any product, services or content downloaded or otherwise obtained through the use of the Market Place is done 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.

Limitation of liability.

In no event shall DS or its affiliates be liable to any party for (i) any indirect or consequential damages, including without limitation, damages for loss of profits, revenues, savings, goodwill, business interruption, loss of programs or information, loss or interruption of use, transaction losses or interruptions, loss of chance, opportunity costs, costs of procuring substitute goods or services, loss or corruption of data, or (ii) damages to any third party relating to Your Market Place use, or (iii) failure to insure the compatibility of Your system (i.e., the equipment, devices, and software that You provide to receive the services provided on the Market Place); event if DS or its affiliates have been advised of the possibility of such damages. DS and its affiliates global liability to You, including Your successors and beneficiaries, for direct damages resulting from any claim arising out or in connection with Your use of this Market Place shall not exceed the following amount: ten thousand (10,000) Euros. This limitation as to amount applies to the cumulative total of all claims between the parties, not per claim.

 

All legal actions against DS must be filed with the competent court within two (2) years after the cause of action has arisen and was known or should have been know by You.

Amendment of these Terms

DS may amend these Terms of Use at any time by giving You notice by e-mail to the primary email address specified in Your DS account or by placing a prominent notice on the Market Place. Any amended Terms of Use will govern users from the date it is posted on the Market Place. You may notify DS Your refusal to accept the new Terms of Use within a 30-days period following the amendments, in which case You will have to discontinue using the Market Place without right to any refund of fees already paid.

Miscellaneous.

Governing Law: These Terms of Use are governed by the laws of France, expressly excluding the application of the United Nations Convention for the International Sale of Goods.

 

Competent Court: The Commercial Court of Paris (“Tribunal de Commerce de Paris”) shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of these Terms of Use.

These Terms of Use were last modified on April 2009.
 
3ds.com

Beyond PLM (Product Lifecycle Management), Dassault Systèmes, the 3D Experience Company, provides business and people with virtual universes to imagine sustainable innovations. 3DSWYM, 3DVIA, CATIA, DELMIA, ENOVIA, EXALEAD, NETVIBES, SIMULIA and SOLIDWORKS are registered trademarks of Dassault Systèmes or its subsidiaries in the US and/or other countries.