DriveWorks Drive3D Exporter

End User Software License Agreement

Object of the Agreement

The DriveWorks Drive3D Exporter software application is developed by DriveWorks Ltd. If you would like to view more information about us or contact us, please visit our website www.driveworks.co.uk.

The DriveWorks Drive3D Exporter software application is designed to be compatible with the standard platform for computer aided design (CAD) offered at http://cad.onshape.com made available by Onshape, Inc. You downloaded your application through the Onshape App Store.

In order to use the DriveWorks Drive3D Exporter, you must accept these terms of use. Please read these terms and conditions carefully. If you do not agree with the terms, please do not use the application.

DriveWorks Ltd reserves the right at any time to change the terms, conditions, notices under which its services are provided. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the application. By using all or any portion of the DriveWorks Drive3D Exporter software constitutes your acceptance of these terms and conditions as modified.

No charge is made for your use of the DriveWorks Drive3D Exporter. If DriveWorks Ltd releases a commercial version of the software, DriveWorks Ltd will notify via email to your registered email address and you will be required to accept new terms of software before you can use the commercial version.

The software that DriveWorks Ltd provides is used to create configurator-ready 3D content directly from your Onshape models. Export your Onshape models for use in your DriveWorks Online Configurator.

If you are using this application on behalf of a corporation or other legal entity, you represent that you are authorised to accept these terms and conditions on behalf of such corporation or other legal entity.

Data & Privacy

DriveWorks Ltd may record End User data necessary to the performance of the application.

DriveWorks Ltd will not share your personal information, including email address, with any third party, except as required by law, or as is necessary to fulfil its obligations under these terms. DriveWorks Ltd reserves the right to collect anonymous statistics and bug reports, in order to improve the quality of the application.

Licensing

The content on the DriveWorks Drive3D Exporter application, including without limitation, the files, text, software, graphics, photos, and videos, is owned by or licensed to DriveWorks Ltd, subject to copyright and other intellectual property rights under Copyright law of the United Kingdom and trademark laws, foreign laws, and international conventions. DriveWorks Ltd reserves all rights not expressly granted in and to the application and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in the DriveWorks Drive3D Exporter (including the design, arrangement, and look and feel) and all material or content supplied as part of the application, other than user-generated content, shall remain at all times the property of DriveWorks Ltd.

The names, images and logos identifying DriveWorks Ltd are proprietary marks of DriveWorks Ltd.

You acknowledge that, you are solely responsible for the content you create on DriveWorks Drive3D Exporter.

Indemnity

You agree to hold harmless and indemnify DriveWorks Ltd, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the DriveWorks Drive3D Exporter, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature.

Rules of Conduct

While using the DriveWorks Drive3D Exporter you will comply with all applicable laws, rules and regulations. In addition, DriveWorks Ltd expects users of the application to respect the rights and dignity of others. Your use of the application is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the application. You agree that you will not:

  • Post, transmit, or otherwise make available, through or in connection with the application:
    • Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
    • Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
    • Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
    • Any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation.
  • Use the application for any fraudulent or unlawful purpose.
  • Harvest or collect personally identifiable information about other users of the application.
  • Impersonate any person or entity, including any representative of DriveWorks Ltd or its affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that DriveWorks Ltd endorses any statement you make.
  • Interfere with or disrupt the operation of the application or the servers or networks used to make the application available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the application (including by hacking or defacing any portion of the application).
  • Use the application to advertise or offer to sell or buy any goods or services without DriveWorks Ltd’s express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the application (including any content, Software and other materials available through the application).
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the application (including any content, Software and other materials available through the application), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
  • Remove any copyright, trademark or other proprietary rights notice from the application or content, Software and other materials originating from the application.
  • Frame or mirror any part of the application without DriveWorks Ltd’s express prior written consent.
  • Create a database by systematically downloading and storing all or any application content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the application, without DriveWorks Ltd’s express prior, written consent.

DriveWorks Ltd reserves the right to remove any content that falls under any of the above prohibited categories, in the sole judgement of DriveWorks Ltd.

DriveWorks Ltd has no obligation to monitor the content created using the DriveWorks Drive3D Exporter. However, DriveWorks Ltd reserves the right to review the content created on DriveWorks Drive3D Exporter and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. DriveWorks Ltd reserves the right to terminate your access to any or all of the services offered by DriveWorks Ltd at any time without notice for any reason whatsoever.

DriveWorks Ltd does not control or endorse the content, messages or information found in any user-generated content and, therefore, DriveWorks Ltd specifically disclaims any liability with regard to such user-generated content and any actions resulting from such user-generated content.

You agree to use the software application provided by DriveWorks Ltd only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use DriveWorks Drive3D Exporter in any manner that interferes with its normal operation or with any other users' use and enjoyment thereof. You further agree that you will not access, or cause others to access, DriveWorks Drive3D Exporter through an interface or in a manner that would interfere with the monetization of DriveWorks Drive3D Exporter hosted content or the honouring of copyright licenses attached to DriveWorks Ltd hosted content. You also agree that you will not access DriveWorks Drive3D Exporter from any territory where its contents are illegal.

No Transfer of the Right of Use

The End User is not entitled to transfer the right of use to third parties.

Warranty Disclaimer

YOUR USE OF THE DRIVEWORKS DRIVE3D EXPORTER SOFTWARE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. DRIVEWORKS LTD EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE APPLICATION OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.

The information and other materials included on this site and the application may contain inaccuracies and typographical errors. DriveWorks Ltd does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. DriveWorks Ltd reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and/or application and to make changes to the application and to the materials, products, programs, services described at any time without notice.

DriveWorks Ltd does not warrant that the functions contained in the application will be uninterrupted or error free, that defects will be corrected or that this application or the server that makes it available are free of viruses or bugs. DriveWorks Ltd does not represent the full functionality, accuracy or reliability of any material. DriveWorks Ltd may terminate, change, suspend or discontinue any aspect of this application, including the availability of any features of the application, at any time without notice or liability.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN NO EVENT SHALL DRIVEWORKS LTD AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DRIVEWORKS DRIVE3D EXPORTER, WITH THE DELAY OR INABILITY TO USE THE DRIVEWORKS DRIVE3D EXPORTER OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DRIVEWORKS DRIVE3D EXPORTER, OR OTHERWISE ARISING OUT OF THE USE OF THE DRIVEWORKS DRIVE3D EXPORTER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRIVEWORKS LTD OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Final Provisions

These Terms contain the entire agreement between you and DriveWorks Ltd with respect to the application and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DriveWorks Ltd with respect to this application. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of DriveWorks Ltd. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without DriveWorks Ltd’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. DriveWorks Ltd will not be responsible for failures to fulfil any obligations due to causes beyond its control.