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AUTODESK MUDBOX COMMUNITY TERMS OF USE

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LAST UPDATED: 04-2010

AUTODESK MUDBOX COMMUNITY TERMS OF USE

Autodesk, Inc., a Delaware corporation with a principal place of business at 111 McInnis Parkway, San Rafael, California, and/or its subsidiaries and/or affiliates (collectively, "Autodesk"), makes this Autodesk® Mudbox™ Community site (“Site”) available subject to the following terms and conditions ("Terms"). By accessing and/or using this Site, you agree to be bound by these Terms, which are in addition to Autodesk.com’s General Terms of Use [http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-use], Autodesk AREA Terms of Use [http://area.autodesk.com/legal], Privacy Policy [http://usa.autodesk.com/company/legal-notices-trademarks/privacy-policy], Linking Policy [http://usa.autodesk.com/company/legal-notices-trademarks/linking-to-autodesk/how-to-link and http://usa.autodesk.com/company/legal-notices-trademarks/linking-to-autodesk/consent-for-linking], and Export Compliance Policy [http://usa.autodesk.com/company/legal-notices-trademarks/export-compliance] and other Autodesk policies that may be published from time to time (“Autodesk.com Policies”), which are hereby incorporated by reference into these Terms. If there is any conflict between the terms of Autodesk.com Policies and these Terms, these Terms prevail. Further, your access to and use of this Site is subject to those additional terms and conditions provided by Autodesk and applicable to certain information, products, and services offerings available through this Site. Such additional terms and conditions include, but are not limited to, sales agreements, receipts, license agreements, supplementary user agreements (collectively, "Additional Terms"). The Additional Terms are hereby incorporated by reference into these Terms. If there is any conflict between the Additional Terms and these Terms, the Additional Terms prevail. Autodesk reserves the right to revise these Terms, and provide you with notice thereof by posting the revised Terms on this Site or by other reasonable means selected by Autodesk. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend above. Your continued access to and/or use of this Site after such notice will indicate your acceptance of the revised Terms. Autodesk further reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.

1.REGISTRATION. You may be required to register in order to access and/or use this Site and/or obtain an account on this Site. When you register, you must provide current, complete and accurate information, and meet all requirements of the registration process. You will also choose a password and a user name. You are responsible for maintaining the confidentiality of your password. Autodesk reserves the right to decline or refuse your registration or your access to and/or use of this Site at its sole discretion. You agree: (a) not to lend or transfer to any third party (i) your password; (ii) your user name; (iii) your account; (iv) your access to this Site; and/or (v) your use of this Site; (b) not to use another visitor to or user of (collectively “User(s)”) this Site’s: (i) password; (ii) user name; and/or (iii) account; (c) to notify Autodesk immediately of any unauthorized: (i) use of your password; (ii) use of your user name; (iii) access to your account; (iv) use of your account; (v) access to this Site; and/or (vi) use of this Site. You are solely responsible for any and all activities that result from the foregoing, with or without your knowledge, including losses or damages incurred by Autodesk or any other party, and Autodesk has no responsibility for any losses or damages that you may incur as a result of the foregoing, with or without Autodesk’s knowledge.

2. Content.

  • 2.1. General.

    2.1.1 “Library Content” means those designs, images, documents, programs, media, text, data, metadata, software, plug-ins, scripts, audio and other content and information uploaded, stored, displayed (publicly or otherwise) or otherwise made available on or through the Library section on this Site.

    2.1.2 “Gallery Content” means those designs, images, documents, programs, media, text, data, metadata, software, plug-ins, scripts, audio and other content and information uploaded, stored, displayed (publicly or otherwise) or otherwise made available on or through the Gallery and Tutorials sections of this Site. Library Content and Gallery Content are collectively referred to as “Content” .

    2.2. You are responsible for protecting and backing up your Content. You may delete your Content from this Site. Autodesk has no responsibility or liability for the deletion of your Content or failure to view, use, upload, store, display (publicly or otherwise), download, reproduce, modify, publish, perform, distribute, or otherwise make available your Content on and through this Site. Your Content will be treated as non-confidential. Neither Autodesk nor any other User viewing, using, uploading, storing, displaying (publicly or otherwise) downloading, reproducing, modifying, publishing, performing, distributing, or otherwise making available Your Content will obtain any ownership rights to such Content.

    2.3. License.

    2.3.1 Library Content License. With regard to Library Content which you upload, store, display (publicly or otherwise) or otherwise make available on or through the Library section on this Site, you hereby grant a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, worldwide license to Autodesk and other Users to view, use, store, download, reproduce, modify, publish, perform, display (publicly or otherwise) distribute, upload, or otherwise make available your Library Content for both commercial and non-commercial purposes. You hereby acknowledge this Library Content License allows a User to share the Library Content via a link to such Library Content from other webpages, including, but not limited to, social networking sites such as Facebook, Twitter or any other similar sharing site, now or in the future.

    2.3.2 Gallery Content License. With regard to Gallery Content which you upload store, display (publicly or otherwise) or otherwise make available on or through the Gallery and Tutorials sections on this Site, you hereby grant a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, worldwide license to Autodesk and other Users to view, download and store your Gallery Content for non- commercial purposes only. You hereby acknowledge this Gallery Content License does not prohibit a User from sharing Gallery Content via a link to such Gallery Content from other webpages, including, but not limited to, social networking sites such as Facebook, Twitter or any other similar sharing site, now or in the future. Except as stated in the preceding sentence, you hereby acknowledge this Gallery Content License prohibits the right to use, reproduce, modify, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available another User’s Gallery Content except with the prior written consent of the owner of the Gallery Content (“Consent”). The Library Content License and Gallery Content License are collectively referred to as the “Licenses”.

    2.3.3 Content License. With regard to Library Content and Galley Content which you upload to the Library section and the Gallery and Tutorials sections respectively on this Site, you hereby grant a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, worldwide license to Autodesk to view, use, store, download, reproduce, modify, publish, perform, submit, display (publicly or otherwise), share, transmit, distribute, post, upload, or otherwise make available your Library Content and/or your Gallery Content on and through this Site using any technologies (whether now known or later created) solely in order to create and to maintain this Site.

3. Representations.

  • 3.1 You represent and warrant that: (i) you have full right and authority to grant the Licenses and rights granted herein, including all intellectual property rights, (ii) no one else’s permission is required to grant the Licenses and rights granted herein, including all intellectual property rights, and (iii) Autodesk’s and other Users’ exercise of the Licenses and rights will not violate or infringe upon the rights of any third party or violate any applicable laws or regulations.

    3.2  You are solely responsible for: (i) Content you create, use, store, download, reproduce, modify, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available on or through this Site; (ii) your viewing, using, storing, downloading, reproducing, modifying, publishing, performing, displaying (publicly or otherwise), distributing, uploading, or otherwise making available of Library Content; (iii) your viewing, downloading and/or storing of the Gallery Content; and (iv) your conduct while accessing and/or using this Site.

4. Limitations. Your access to and/or use of this Site and your exercise of the Licenses and rights are subject to and conditioned upon your compliance with the “Rules of Conduct” specified in Autodesk.com’s General Terms of Use [http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-use] unless specifically stated otherwise in these Terms. If there is any conflict between the conduct expressly permitted under the Autodesk.com’s General Terms of Use, and these Terms, these Terms prevail.

5. Attributions. If any User’s Library Content identifies its author or licensor or otherwise includes any specific attribution, you agree to also include such identification or attribution in the same manner and form when you use, store, download, reproduce, modify, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available such User Library Content.

6. Monitoring. You acknowledge and agree that Autodesk reserves the right, in Autodesk’s sole discretion: (i) to monitor your Content and your access to and/or use of this Site; (ii) to modify, remove, or refuse to use, store, reproduce, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available any Content to this Site or to allow to be used, stored, reproduced, published, performed, displayed (publicly or otherwise), distributed, uploaded, or otherwise made available any Content to this Site; (iii) to delete inactive, outdated, inaccurate or inappropriate Content or purge Content from this Site, from time to time, in its sole discretion; (iv) to enforce any rights you may have in the Content against any third party; and/or (v) to disclose any Content, and the circumstances surrounding its use, storage, reproduction, publication, performance, display (publicly or otherwise), distribution, uploading, or otherwise making available any Content to this Site, to any third party in order to operate this Site; in order: (a) to protect Autodesk and its suppliers or licensors and their respective employees, officers, directors, shareholders, agents, representatives, licensees, and this Site's Users; (b) to comply with legal obligations or governmental requests; (c) to enforce these Terms, the Autodesk.com Policies and the Additional Terms; and/or (d) for any other reason or purpose.

7. Autodesk Materials.

  • 7.1  Autodesk Content.

    7.1.1   Library Content License. With regard to Library Content which Autodesk uploads stores, displays (publicly or otherwise) or otherwise makes available on or through to the Library section on this Site, Autodesk hereby grants you a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, worldwide license to view, use, store, download, reproduce, modify, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available Autodesk’s Library Content for both commercial and non-commercial purposes. Autodesk hereby acknowledges this Library Content License allows a User to share Autodesk’s Library Content via a link to such Library Content from other webpages, including, but not limited to, social networking sites such as Facebook, Twitter or any other similar sharing site, now or in the future.

    7.1.2   Gallery Content License. With regard to Gallery Content which Autodesk uploads, stores, displays (publicly or otherwise) or otherwise makes available on or through to the Gallery and Tutorials sections on this Site, Autodesk hereby grants you a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, worldwide license to view, download and store Autodesk’s Gallery Content for non- commercial purposes only. Autodesk hereby acknowledges this Gallery Content License does not prohibit a User from sharing Autodesk’s Gallery Content via a link to such Gallery Content from other webpages, including, but not limited to, social networking sites such as Facebook, Twitter or any other similar sharing site, now or in the future. Except as stated in the preceding sentence, you hereby acknowledge this Gallery Content License prohibits the right to use, reproduce, modify, publish, perform, display (publicly or otherwise), distribute, upload, or otherwise make available another User’s Gallery Content except with Autodesk’s prior written consent. You agree to adhere to the terms of the Consent, including, without limitation, providing such identification or attribution of the author or licensor or otherwise in the manner and form stated in the Consent.

    7.2  Autodesk’s Library Content, Autodesk’s Gallery Content and Autodesk’s other products, information, content and/or documents which Autodesk uploads, stores, displays (publicly or otherwise) or otherwise makes available on or through this Site are collectively referred to as “Autodesk Materials”. The Autodesk Materials which Autodesk uploads, stores, displays (publicly or otherwise) or otherwise makes available on or through this Site and which are not Autodesk’s Library Content or Autodesk’s Gallery Content are subject to the terms of the Autodesk.com Policies. The Autodesk Materials do not include the design or layout of this Site or any other Autodesk owned, operated, licensed, or controlled website. Elements of Autodesk websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Autodesk website may be copied or retransmitted except with the prior written consent from Autodesk.

8. Termination. You agree that Autodesk, in its sole discretion: (a) may elect to discontinue making this Site available or maintaining this Site; and/or (b) discontinue at any time or terminate your access to and/or use of this Site and/or your account(s) you may have in connection with this Site. If Autodesk elects to discontinue or terminate your access to and/or use of this Site and/or any account(s) you may have in connection with this Site due to any of your representations and/or warranties being untrue and/or as a result of a breach by you of your obligations under these Terms, then notwithstanding the Licenses granted in Sections 2.3.1 and 2.3.2 and the licenses granted to the Autodesk Materials in Section 7. are perpetual, they shall terminate effective immediately upon such election and you shall return to Autodesk the Autodesk Materials.

9. Disclaimer of Warranties. AUTODESK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY THE AUTODESK MATERIALS OR ANY CONTENT PROVIDED ON THIS SITE FOR ANY PURPOSE. ALL SUCH AUTODESK MATERIALS AND CONTENT ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. AUTODESK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, THE AUTODESK MATERIALS OR ANY CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. THIS SITE, OR THE CONTENT AND/OR THE AUTODESK MATERIALS PROVIDED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY MADE TO THIS SITE OR THE CONTENT AND/OR THE AUTODESK MATERIALS PROVIDED ON THIS SITE. AUTODESK AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE, THE CONTENT AND/OR THE AUTODESK MATERIALS PROVIDED ON THIS SITE. AUTODESK ALSO HAS THE RIGHT, IN ITS SOLE DISCRETION, TO SUSPEND OR DISCONTINUE THIS SITE (OR ANY PORTION THEREOF) AT ANY TIME. PLEASE NOTE THAT THE LICENSE AGREEMENT APPLICABLE TO ANY SOFTWARE AVAILABLE THROUGH THIS SITE MAY CONTAIN EXPRESS (BUT NOT IMPLIED) WARRANTIES APPLICABLE TO THE SOFTWARE, WHICH WILL GOVERN THAT PARTICULAR SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY AUTODESK IN SUCH LICENSE AGREEMENT, THE SOFTWARE IS GOVERNED BY THE DISCLAIMER OF WARRANTIES SET FORTH IN THE PREVIOUS PARAGRAPH OF THIS SECTION.

10. Limitation of Liability. IN NO EVENT WILL AUTODESK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, THE CONTENT AND/OR THE AUTODESK MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF AUTODESK OR ITS SUPPLIERS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE CONTENT AND/OR THE AUTODESK MATERIALS OR THESE TERMS EXCEED THE AMOUNT YOU PAID TO REGISTER TO ACCESS AND/OR USE THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THIS SITE, THE CONTENT AND/OR THE AUTODESK MATERIALS IS TO CEASE ACCESSING THIS SITE AND RETURN TO AUTODESK THE AUTODESK MATERIALS (EXCLUDING THE AUTODESK LIBRARY CONTENT AND AUTODESK GALLERY CONTENT WHICH REMAIN SUBJECT TO THESE TERMS).

11. Indemnification. You will defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or action by a regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Autodesk and/or each of its directors, shareholders, officers, agents, employees, representatives, or licensees (collectively, the "Indemnitees") to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the Content uploaded, stored, displayed (publicly or otherwise) or otherwise made available by you on or through the this Site, or the exercise of the Licenses and rights granted herein, may infringe or misappropriate any copyright, trademark, trade secrets, privacy, publicity or other intellectual property or proprietary rights of any individual or entity, or contain any libelous, defamatory, disparaging, fraudulent, pornographic, or obscene materials; (2) any of your representations and/or warranties being untrue ; (3) any breach by you of your obligations under these Terms; (4) your use of this Site, including, without limitation your account, the Content, Autodesk Materials, and/or services provided herein; and/or (5) your Content. You will indemnify and hold harmless the Indemnitees from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities will survive expiration or termination of these Terms.

12.  Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Autodesk and the Indemnitees from any and all liability for claims, damages (direct and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations. Except as otherwise supplemented and amended hereby, all terms, conditions and provisions of the Autodesk.com’s General Terms of Use http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-use and Autodesk AREA Terms of Use http://area.autodesk.com/legal shall remain in full force and effect. These Terms, together with the Autodesk.com Policies, contain the entire agreement between you and Autodesk with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Autodesk with respect to this Site.