I accept the terms and conditions.
AVEVA and Customer agree as follows:
3. The Service allows a user to use AVEVA software, subject to the End User License Agreement found at www.aveva.com/policies, through the internet for the sole purpose of self-directed training, by either following a selected course step-by-step to completion or by focusing on individual units required to build key skills. Subject to Article 8, Acceptable Conduct, Customer may use the Service to message other users, save files in progress, track training progress and engage in other community-style activities. Customer may use only the model data provided by AVEVA, along with any item created using the Service, and may not use the Service to design or manage any commercial project.
4. Customer is solely responsible for providing, at its expense, all equipment necessary to use the services, including a computer and Internet access (including payment of any third-party service fees associated with such access).
6. Customer understands and agrees that temporary interruptions of the Service may occur through no fault of AVEVA and that AVEVA has no control over third-party networks Customer may access in the course of the use of this Service. Delay and disruption of electronic transmissions across a network are completely beyond AVEVA’s control and AVEVA shall have no liability related to any interruption, unavailability, or interception of such transmission.
7. Registration and Data Privacy.
a. In order to access some features of the Service, Customer must completing AVEVA’s online registration form, which requests certain personal information and data (“Registration Data”) Customer shall ensure this information is up-to-date, true and accurate at all times. AVEVA may disclose to third parties certain Registration Data in connection with provision of the Service.
b. Insofar as AVEVA processes any Personal Data on behalf of the Customer, AVEVA shall (a) process the Personal Data only on behalf of the Customer, only for the purposes of performing and monitoring this Agreement and in accordance with the Customer’s written instructions; (b) not otherwise modify the Personal Data or disclose any of the Personal Data to any third party unless specifically authorized in writing by the Customer; (c) implement appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing, accidental loss, destruction, damage, alteration or disclosure; (d) when transferring Personal Data, provide an adequate level of protection to any Personal Data that is transferred. The parties shall comply at all times with applicable Data Protection Legislation, including, but not limited to, the following laws of the United Kingdom: Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner, along with any applicable laws in the jurisdiction to which this Agreement is subject or in which the subject activity is occurring.
8. Acceptable Conduct. Customer’s use of the Service is subject to all applicable laws and regulations.
a. Customer shall be solely responsible for the contents of its communications through the Service. Customer may not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
i. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
ii. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, age, disability or other protected classification;
iii. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
vi. Impersonates any person or entity, including any of our employees or representatives.
b. Customer shall immediately discontinue all communications with any user if requested to do so by the user or by AVEVA.
d. Service Security. Customer may not use the Service to breach security of another user’s account or attempt to gain unauthorized access to another network or server. Some Service features may not be available to every user of the site. Customer shall not interfere with anyone else's use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
e. Termination for Violation. AVEVA may at any time, in its sole discretion, discontinue Customer’s access to the Service without prior notice upon reasonable belief that either Customer or any of its authorized users has violated any of the above provisions.
9. Third party sites and information. The Service may link to third-party sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive. Third party websites and content are not under AVEVA’s control, and AVEVA disclaims any and all responsibility for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. AVEVA disclaims responsibility for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by AVEVA, or any warranty of any kind, either express or implied.
10. Intellectual Property.
b. All content presented to authorized users on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and as between Customer and AVEVA, is the sole property of AVEVA. Customer is only permitted to use the content as expressly authorized by AVEVA. Customer may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Service in any form or by any means without prior written permission from AVEVA. Any unauthorized use of the materials contained in the Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
c. AVEVA does not warrant or represent that your use of materials displayed on, or obtained through, the Service will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content in the Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
11. Customer Material.
b. Customer shall not submit confidential or proprietary information to AVEVA unless a mutually agreed confidentiality agreement has been separately executed.
c. If Customer believes its copyright, trademark or other property rights have been infringed by a posting on the Service, send notification to AVEVA immediately. To be effective, the notification must include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Information reasonably sufficient to permit making contact with the complaining party, such as address, telephone number and, an electronic mail address at which the complaining party may be contacted;
iv. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit location of the materials;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
vi. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
d. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
AVEVA Solutions Limited
High Cross, Madingley Road
Cambridge CB3 0HB
+44 (0) 1223 556655
e. Customer acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, AVEVA may immediately remove the identified materials from our site without liability to Customer or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
12. DISCLAIMER OF WARRANTIES.
a. ALL MATERIALS AND FEATURES OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AVEVA MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET CUSTOMER REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU AS PART OF OR IN CONNECTION WITH THE SERVICE FROM AVEVA WILL MEET CUSTOMER EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. AVEVA MAY MAKE CHANGES TO THE MATERIALS AND FEATURES THAT COMPRISE THE SERVICES AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES PROVIDED THROUGH THIS SERVICE MAY BE OUT OF DATE, AND AVEVA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK. AVEVA HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE TO CUSTOMER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
b. Content available through the Service may represent the opinions and judgments of another user or other person or entity not connected with AVEVA. AVEVA does not endorse, nor is AVEVA responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized AVEVA representative speaking in his/her official capacity.
c. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
14. Disclaimer of Damages. IN NO EVENT SHALL AVEVA BE LIABLE TO CUSTOMER FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS SHALL NOT APPLY IN THOSE JURISDICTIONS.
15. Indemnification. Customer shall defend, indemnify, and hold AVEVA harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer or Customer’s authorized users’ use or misuse of the Service. AVEVA may, at its expense, assume the exclusive defense and control of any matter otherwise subject to indemnification under this paragraph, in which event Customer shall cooperate with AVEVA in asserting any available defenses.
16. Service Limitations.
a. The Service will permit a maximum of twenty (20) hours of streaming activity. Upon exhaustion of the twenty (20) hours, Customer’s access to the Service will be discontinued, and Customer data will be removed.
b. AVEVA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded content will be retained, the maximum amount of storage space that will be allotted or our servers to Customer’s account, and the maximum number of times (and the maximum duration for which) Customer may access the services in a given period of time. AVEVA accepts no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Service. AVEVA may change these general practices and limits at any time, in its sole discretion, with or without notice.
d. Customer’s account operates on shared resources. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination or limitation of Customer’s account.
17. Password Security. Customer shall maintain the confidentiality of its user name and password. Customer shall take steps to ensure that others do not gain access to its password and accounts. Customer may not transfer or share its account, and AVEVA may immediately terminate Customer’s account if it reasonably believes unauthorized transfer or sharing of passwords or accounts has occurred.
19. Termination of Use. AVEVA may, in its sole discretion, terminate or suspend Customer’s access to all or part of the Service with or without notice and for any reason. Upon termination or suspension, regardless of the reasons therefore, Customer’s right to use the Service immediately ceases, and AVEVA may immediately deactivate or delete Customer’s account and all related information and files in the account and/or bar any further access to such files or this site. AVEVA accepts no liability for any claims or damages arising out of any termination or suspension or any other actions it takes in connection therewith.
a. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to AVEVA must be sent to the attention of AVEVA Legal Department at email@example.com, if by email, or at AVEVA Group plc., High Cross, Madingley Road, Cambridge CB3 0HB, England, if by conventional mail. Notices to Customer may be sent either to the email address supplied for Customer’s master account. In addition, AVEVA may deliver notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to the Customer.
28. Force Majeure. In addition to any excuse provided by applicable law, AVEVA shall be excused from liability for non-delivery or delay in delivery of products and services available through the Service arising from any event beyond AVEVA’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.