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Welcome to the PartQuest family of websites
This website, software, content, services, and related information (collectively “Services”) are provided to you by Siemens Industry Software Inc. or its affiliates (“SISW”). SISW reserves the right to modify, interrupt, suspend or discontinue Services, temporarily or permanently, at any time, and will not be liable to you or any third party for any such modification, interruption, suspension or discontinuation.
All right, title and interest in and to Services (excluding submissions) including, but not limited to, the design, selection, arrangement, compilation, assembly and the look and feel of thereof, and all patent, copyright, trademark, trade secret and other intellectual property rights arising out of or relating to Services, are the exclusive property of SISW and its licensors. SISW grants you a nonexclusive, nontransferable, limited license to access and use Services. Any and all rights to use Services that are not expressly granted to you under these terms are reserved for SISW or its licensors. You may not copy, modify, adapt, distribute, upload, download, post, transmit, broadcast, sell, license or prepare derivative works of Services or other SISW owned materials without prior written consent of SISW. You may not decompile, disassemble or reverse engineer any software or code comprising Services or any part of Services. These terms and your rights and license granted herein may not be assigned or transferred by you, in whole or in part, by operation of law or otherwise, without prior written consent of SISW. Unauthorized use of Services is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.
By providing information to SISW, you represent and warrant that all information is true, accurate, current and complete, and agree to update your information as necessary to ensure your information remains true, accurate, current and complete. You are solely responsible for all activities that occur on or through your account, and are responsible for maintaining the security of your account information including your username and password. You will notify SISW immediately if you suspect any unauthorized use of, or access to, your account.
SISW may disable, deny access to, or terminate any username, password or account at any time for any reason or no reason, without notice and without liability of any kind.
3. BETA FEATURES
SOME FEATURES OF SERVICES MAY BE IN BETA, WHICH MEANS ACCESS IS BEING GRANTED FOR EXPERIMENTAL TESTING AND EVALUATION. YOU AGREE TO EVALUATE AND TEST THE WEBSITE(S) AND PROVIDE FEEDBACK ON ANY MALFUNCTIONS OR SUGGESTED IMPROVEMENTS, IN ADDITION TO THE STRENGTHS AND WEAKNESSES NOTED.
By uploading, posting, displaying, transmitting or submitting any data to this website (“submission”), you grant SISW a worldwide, perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt and publish your submission in any form. Your submission will be considered non-confidential, and SISW is free to disclose your submission to any third party without restriction. For the avoidance of doubt, you retain all ownership rights that you have in your submission.
You represent and warrant that you own all rights in and to your submission or that you have acquired all necessary rights in your submission to enable you to grant the above license. You also represent and warrant that posting, downloading, copying or using your submission does not and will not misappropriate, infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property, or proprietary rights, or rights of privacy or publicity. Upon request, you will provide SISW with any documentation necessary to verify your compliance with these terms. Except as prohibited by law, you waive any moral rights you may have in your submission under the laws of any jurisdiction. SISW has no obligation to monitor or enforce your intellectual property rights, but maintains the right to protect and enforce its rights to use, reproduce, modify, adapt and publish your submission.
You agree to pay all royalties, fees, and other expenses that result from your submission. You will not post or link to any submission that violates any applicable law, rule or regulation; infringes or violates the legal rights of any third party; is defamatory, libelous, false, fraudulent, threatening, abusive, obscene, pornographic, derogatory, harassing or otherwise objectionable, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; misleads others regarding your identity; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation; contains any software virus or any other code, file, program or disabling device designed to damage, interfere with, intercept or expropriate any system, data or personal information; or contains any advertising, promotion, solicitation or other commercial material, or involves commercial activities and/or sales including, but not limited to, contests or sweepstakes without SISW’s prior written consent.
SISW may use your ideas, suggestions, improvements, or other feedback regarding Services in any manner and for any purpose. You agree that all inventions, improvements, modifications and developments SISW makes or conceives during or subsequent to your acceptance of these terms, including those based partly or wholly on your feedback, will be the exclusive property of SISW. SISW will have exclusive rights, title and interest in and to all such property without restriction, liability or compensation to you.
Services may allow you to adjust privacy settings to restrict collaborator access to your submissions. You may submit, post, display, upload, send, or otherwise provide submissions or other materials (“Sharing”) to other users on or through Services, personal web sites or third party websites. By Sharing your submission, you agree to allow other users to view, download and use your submission. When Sharing, you will not imply that you are affiliated with SISW in any manner or that SISW approves of your submission in any way. SISW may revoke your Sharing privileges at any time and for any reason. You will immediately cease Sharing upon notice of revocation and comply with any terms deemed necessary by SISW.
SISW does not pre-screen, verify, edit, monitor, or moderate submissions, but may do so from time to time in SISW’s sole discretion, including in private groups. SISW reserves the right to remove any submission at any time for any reason or no reason, and to investigate any violation of these terms and to take appropriate remedial action.
7. ADDITIONAL TERMS AND FEE SERVICES
Your use of some services and features offered through Services may be subject to additional terms and conditions. Terms specific to special services or features control to the extent there is a conflict with these terms. Some features or portions of Services, such as subscription services or products, may require you to pay a fee, which will be disclosed to you when you subscribe. You agree to pay any fee or charge that results from your use of Services.
8. DISCLAIMER OF WARRANTY
SERVICES ARE PROVIDED “AS-IS.” NEITHER SISW NOR ITS LICENSORS MAKE ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO SERVICES OR OTHER MATERIAL PROVIDED UNDER THESE TERMS. SISW AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SISW AND ITS LICENSORS OFFER NO PATENT, TRADE SECRET, COPYRIGHT, OR INTELLECTUAL PROPERTY INDEMNIFICATION WITH RESPECT TO THE SERVICES OR OTHER MATERIAL PROVIDED UNDER THESE TERMS.
SISW MAKES NO WARRANTY THAT YOUR ACCESS TO SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR WILL OPERATE AT ANY PARTICULAR SPEED OR FREQUENCY. SISW DOES NOT GUARANTEE AVAILABILITY OF SERVICES DURING SCHEDULED OR UNSCHEDULED DOWNTIME.
9. LIMITATION OF LIABILITY
EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT WILL SISW OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SISW OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 9 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.
10. HAZARDOUS APPLICATIONS
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR TESTING YOUR PRODUCTS USED IN APPLICATIONS WHERE THE FAILURE OR INACCURACY OF YOUR PRODUCTS MIGHT RESULT IN DEATH OR PERSONAL INJURY (“HAZARDOUS APPLICATIONS”). EXCEPT TO THE EXTENT THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT WILL SISW OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF SERVICES IN OR FOR HAZARDOUS APPLICATIONS. THE PROVISIONS OF THIS SECTION 10 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SISW AND ITS LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE OR LIABILITY, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR: USE OF OR ACCESS TO SERVICES; BREACH OR ALLEGED BREACH OF THESE TERMS; SUBMISSIONS; VIOLATION OF ANY LAW, RULE, REGULATION, CODE, STATUTE, ORDINANCE OR ORDER OF ANY GOVERNMENT OR QUASI-GOVERNMENT AGENCY INCLUDING, BUT NOT LIMITED TO, REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AGENCIES; VIOLATION OF ANY THIRD PARTY’S RIGHTS INCLUDING, BUT NOT LIMITED TO, ANY INTELLECTUAL PROPERTY, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; MISREPRESENTATION OF ANY KIND; OR USE OF SERVICES IN OR FOR HAZARDOUS APPLICATIONS. IN SISW’S SOLE DISCRETION, AT YOUR EXPENSE, SISW MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU AGREE TO COOPERATE AND COMPLY WITH SISW’S DEFENSE OF ANY CLAIM. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT PRIOR WRITTEN CONSENT OF SISW. THE PROVISIONS OF THIS SECTION 11 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.
12. TERM AND TERMINATION
These terms remain effective until expiration or termination. Your right to use Services will automatically terminate if you fail to comply with any of these terms or conditions. If Services were provided for limited term use, your right to use Services will automatically expire at the end of the authorized term. Upon any termination or expiration, you agree to cease all use of Services and return any content to SISW or certify deletion and destruction of content, including all copies, to SISW’s reasonable satisfaction.
13. THIRD PARTY CONTENT
14. EXPORT AND INTERNATIONAL ACCESS
Services provided hereunder may be subject to regulation by local laws and United States (“U.S.”) government agencies, which prohibit export, re-export or diversion of certain content, information about content, and direct or indirect products thereof, to certain countries and certain persons. You agree that you will not export or re-export Services in any manner. If you wish to disclose any information to SISW that is subject to any U.S. or other applicable export restrictions, including without limitation the U.S. International Traffic in Arms Regulations (ITAR) or special controls under the Export Administration Regulations (EAR), you will notify SISW personnel, in advance of each instance of disclosure, that such information is subject to such export restrictions. SISW makes no representation that Services are appropriate or will be available for use in locations outside the United States, and accessing Services from territories where Services or included materials are illegal is prohibited. If you choose to access Services from outside the United States, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
15. U.S. GOVERNMENT LICENSE RIGHTS
Any software included in Services was developed entirely at private expense. You agree that all software is commercial computer software within the meaning of the applicable acquisition regulations. Accordingly, pursuant to U.S. FAR 48 CFR 12.212 and DFAR 48 CFR 227.7202, use, duplication and disclosure of services by or for the U.S. government or a U.S. government subcontractor is subject solely to these terms and conditions, which will supersede any conflicting terms or conditions in any government order document, except for provisions which are contrary to applicable mandatory federal laws.
16. THIRD PARTY BENEFICIARY
Mentor Graphics (Ireland) Limited, Microsoft Corporation and other licensors may be third party beneficiaries of these terms with the right to enforce the obligations set forth herein.
17. CONTROLLING LAW
If any provision of these terms is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision will be severed from these terms and the remaining provisions will remain in full force and effect.
These terms do not transfer any intellectual property rights from SISW or a third party to you, and you do not acquire any ownership interest or rights in Services. Neither these terms nor your use of Services create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and SISW. Waiver of terms or excuse of breach must be in writing and will not constitute subsequent consent, waiver or excuse.