Thermo-Calc Software Learning Hub Terms and Conditions of Use
By submitting an order for a Thermo-Calc Software Learning Hub subscription or registering and accessing the Thermo-Calc Software Learning Hub, You are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, You are prohibited from using or accessing the Thermo-Calc Software Learning Hub.
2. Thermo-Calc Software Learning Hub Subscription
The Thermo-Calc Software Learning Hub is an on-line, self-paced, training portal which includes content such as videos, documents, etc., that are intended for the training of users of Thermo-Calc Software’s products in the use of these programs. A subscription to the Thermo-Calc Software Learning Hub DOES NOT include a license for, or access to, the Thermo-Calc software products or databases which are licensed separately, pursuant to the terms and conditions of the Thermo-Calc Software AB End User License Agreement. To provide a wide range of examples in the Thermo-Calc Software Learning Hub a user may not have a license for all the software products or databases used in the Thermo-Calc Software Learning Hub, but the content can still be used for educational purposes.
Subscription to the Thermo-Calc Software Learning Hub is for one named individual only with access linked to that individual’s email account which is used as the basis of Your login credential. Sharing of access with more than one individual is a violation of this Agreement. Each individual must have their own subscription.
The fees and duration of Your Thermo-Calc Software Learning Hub Subscription shall be identified on a quotation provided to You with the payment terms identified therein.
You can purchase a subscription to the Thermo-Calc Software Learning Hub by submitting an order. Upon acceptance of Your order, Thermo-Calc Software shall provide You with access to the Thermo-Calc Software Learning Hub.
Your subscription to the Thermo-Calc Software Learning Hub will commence from the date on which a registration link to access the Thermo-Calc Software Learning Hub is sent to You via email, typically within one business day of order acceptance.
For so long as your subscription remains active and in accordance with these Terms and Conditions of Use, You will have access to the Thermo-Calc Software Learning Hub. At the end of any period of subscription for which You have paid, Your subscription will end and you will no longer have access to the Thermo-Calc Software Learning Hub. You may contact a Thermo-Calc Software representative if you wish to renew your subscription.
3. Copyright and Ownership
The materials contained in the Thermo-Calc Software Learning Hub are protected by applicable copyright and trademark law. The Thermo-Calc Software Learning Hub and all content provided therein are solely owned by and hereby reserved by Thermo-Calc Software. You only receive a limited license to access and use the Thermo-Calc Software Learning Hub in accordance with Section 4 below.
4. Use License
You are permitted to use the Thermo-Calc Software Learning Hub solely for Your own internal training purposes. You acknowledge that it is a violation of this agreement to distribute Thermo-Calc Software Learning Hub or training course documentation, program(s), links, or passwords to non-licensed users.
Permission is granted to stream (e.g. on-line videos) and temporarily download one copy of any downloadable materials (e.g. Thermo-Calc project files or documents) on the Thermo-Calc Software Learning Hub’s website for personal viewing only. This is the grant of a license, not a transfer of title, and under this license you may not (i) modify or copy the materials, (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial), (iii) attempt to decompile or reverse engineer any software contained on the Thermo-Calc Software Learning Hub’s web site, (iv) remove any copyright or other proprietary notations from the materials, (v) copy or record or transfer the materials to another person or ‘mirror’ the materials on any other server, (vi) translate the content into another language.
Thermo-Calc Software may cancel your account at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us proportional to the time remaining in Your subscription. We will give you reasonable written notice of such cancellations. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.
5. Errata, Revisions and Modifications
Thermo-Calc Software make best effort to keep the content of the Thermo-Calc Software Learning Hub current and error free. However, the content of the Thermo-Calc Software Learning Hub may include technical, typographical, or photographic errors. The Thermo-Calc Software Learning Hub does not warrant that any of the materials on its web site are accurate, complete, or current. Some videos may use earlier versions of the software where there are non-material differences in use compared with current versions. Thermo-Calc Software reserves the right to make changes to the content of the Thermo-Calc Software Learning Hub at any time without notice. The Thermo-Calc Software Learning Hub does not, however, make any commitment to update the content.
The content of the Thermo-Calc Software Learning Hub is provided ‘as is’. The Thermo-Calc Software Learning Hub makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Thermo-Calc Software Learning Hub does not warrant or make any representations concerning the accuracy, likely results, or completeness of the training materials.
Thermo-Calc Software will defend at its expense any claim, suit or proceeding (each a “Claim”) brought against You by any third party to the extent such Claim asserts that the content of the Thermo-Calc Software Learning Hub infringes or misappropriates the third party’s patent, copyright, trade secret or trademark (“Infringement Claim”). Thermo-Calc Software will pay all costs and damages finally awarded against You by a court of competent jurisdiction or any settlement amounts finally agreed to by Thermo-Calc Software as a result of any such Infringement Claim; provided, however, that You (i) promptly notify Thermo-Calc Software in writing of such Infringement Claim; (ii) promptly give Thermo-Calc Software the right to control and direct the investigation, preparation, defense and settlement of such Infringement Claim, with counsel of Thermo-Calc Software’s own choosing (provided that You will have the right to reasonably participate, at Your own expense, in the defense of any such Infringement Claim); and (iii) gives assistance and full cooperation for the defense of same. Thermo-Calc Software may, at its option, as a way of remedying any Infringement Claim or potential Infringement Claim, (a) replace or modify the content of the Thermo-Calc Software Learning Hub so as to avoid infringement, (b) procure the right for You to continue using the content of the Thermo-Calc Software Learning Hub, or (c) if neither (a) nor (b) are commercially feasible, Thermo-Calc Software may terminate Your license to use the Thermo-Calc Software Learning Hub and/or this Agreement and require You to cease use of the Thermo-Calc Software Learning Hub, in which case Thermo-Calc Software will refund to You a pro rata portion of the amounts paid for the Thermo-Calc Software Learning Hub Subscription identified on the order. This indemnity will not apply to any Infringement Claim based upon or arising from (i) use of the Thermo-Calc Software Learning Hub not in accordance with the terms of this Agreement; (ii) Your breach of the terms of this Agreement. This Section 7 sets forth Your sole and exclusive remedy and Thermo-Calc Software’s entire liability and obligations with respect to any Infringement Claim.
8. Limitation of Liability
In no event shall Thermo-Calc Software be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Thermo-Calc Software Learning Hub, even if Thermo-Calc Software has been notified orally or in writing of the possibility of such damage. Except for Thermo-Calc Software’s indemnification obligations set forth in Section 7 above, in no event will Thermo-Calc Software’s aggregate liability to You exceed the total Fees actually received by Thermo-Calc Software from You for a Thermo-Calc Software Learning Hub subscription during the preceding twelve (12) months prior to the claim.
9. Cancellation and Termination
All fees paid for Thermo-Calc Software Learning Hub Subscription are non-returnable, unless otherwise prohibited by law.
Thermo-Calc Software hereby reserves the right to cancel Your access to and license to use any content available on the Thermo-Calc Software Learning Hub in the event that You materially breach the terms of this Agreement. Thermo-Calc Software shall provide You with notice in such event. On termination, You shall immediately cease use of the Thermo-Calc Software Learning Hub and delete any downloaded materials in your possession whether in electronic or printed format. Your login credentials to the Thermo-Calc Software Learning Hub will be revoked in such an instance.
Access to and use of the Thermo-Calc Software Learning Hub is non-assignable, non-exclusive, and non-transferable. You shall not assign these Terms or any order to any third party by operation of law, or in bankruptcy, or otherwise without prior written consent of Thermo-Calc Software. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and permitted transferees.
11. General Provisions and Governing Law
These terms and Conditions only apply to the provision of a subscription to the Thermo-Calc Software Learning Hub to You. These terms do not apply to any Program(s) made available by Thermo-Calc Software for which a separate license and software End User License Agreement is necessary.
No variation to an order or these Terms and Conditions of Use shall be binding unless agreed in writing between the authorized representatives of Thermo-Calc Software and You.
This Agreement shall be governed by and construed under the laws of Sweden.