Copyright MAYA HTT Ltd, 2013. All rights reserved.
This website (the “Website”) is the exclusive property of MAYA Heat Transfers Technologies Limited (“Maya”). This document constitutes an Agreement between you and Maya that sets out the terms and conditions by which Maya allows you to visit the Website and to view the information that is contained therein. By visiting the Website, you accept the terms and conditions set forth in this Agreement. Please read this document carefully and, if for whatever reason you are not in agreement with the said terms and conditions, please end your visit to the Website.
BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS.
2. Compliance with this Agreement and Applicable Laws
Your use of this Website shall be in compliance with this Agreement and any applicable laws, most notably but without limiting the generality of the foregoing, those laws pertaining to copyrights and trademarks.
3. Intellectual Property
You acknowledge that any and all information, content, documents, images, trade-marks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos and any other elements incorporated into or published on the Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Maya (or its licensors, as the case may be). Content published by Maya on the Website may belong to third parties and may be published by Maya under a license.
4. Restrictions on Use of Content
Subject to your compliance with the terms and conditions of this Agreement, Maya grants you a non-exclusive, personal, non-assignable and non-sub licensable, license to access (remotely via an Internet connection provided by you) the Website and the Content, the whole solely for informational purposes.
Maya hereby authorizes you to copy Content published on its Website for your personal use only and non-commercial use within your organization only. In consideration of this authorization, you agree that any copy of this Content which you make shall retain all copyright and other proprietary notices contained herein.
Except as specifically provided above, no Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed by you in any way without the prior written consent of Maya.
Except as expressly provided herein or in the case where Maya has specifically granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Content, including without limitation any logos or other marks of Maya, is transferred to you as a result of your use of the Website, and Maya reserves complete title and full intellectual property rights in and to such Content.
5. Purpose of Website and Limitation on Warranty
The primary goal of this Website is to provide information on Maya, as well as the products and services offered by its subsidiaries, divisions and affiliated companies. The information contained herein is provided for information purposes only and should only be used with this goal in mind.
While Maya shall make all reasonable efforts to ensure that the information on the Website is accurate and up to date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. Before making a decision based on the said information, you should validate the information with another source or contact Maya.
Changes may be periodically made to the Website Content; these changes will be incorporated in new editions of the Website. For example, Maya may make improvements and/or changes in the products and/or the programs described in the Website at any time without notice and the Content will be updated accordingly.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
6. Limitation of Liability
MAYA ASSUMES NO LIABILITY PERTAINING TO THE USE OF THE WEBSITE AND/OR THE CONTENT OR FOR ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE IN THE USE OF THIS WEBSITE AND/OR CONTENT OR FOLLOWING THE USE THEREOF.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND FOR FURTHER CLARITY, IN NO EVENT WILL MAYA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR:
I. ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF OPPORTUNITY, LOSS OF DATA OR COST OF DATA RECOVERY, HOWSOEVER CAUSED, EVEN IF MAYA OR ANY OF ITS AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE; OR
II. DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; THE INTERNET BACKBONE; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF MAYA, EVEN IF MAYA OR ANY OF ITS AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL MAYA’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’, SHAREHOLDERS’ AND EMPLOYEES’ TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, EXTRACONTRACTUAL LIABILITY, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED CANADIAN DOLLARS (CND $100).
You agree at all times to indemnify, defend and hold harmless Maya, its affiliates, agents, licensors, suppliers, and their respective directors, officers, shareholders and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly:
i. any information or other Content which you send to Maya by e-mail or other correspondence; or
ii. subject to Section 6, your use or misuse of the Content or this Website, including, without limitation, infringement claims.
8. Hyperlinks and References
The Website contains links that allow you to access websites operated by third parties and containing information on the said parties (“Third Party Sites”). These links have been provided solely as a convenience for users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. Maya makes no representation as to these third parties, the state of the said Third Party Sites or the information contained on or distributed by such Third Party Sites. Maya assumes no liability or responsibility concerning any damages that may arise from the use of links to Third Party Sites or information contained on or distributed by any Third Party Sites.
9. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Site Monitoring and Consent to Data Exchange
Maya reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By accepting to access this Website, you consent to such monitoring. You also acknowledge that Maya is not obliged to do so and makes no representation to this effect.
Your use of this Website results in an exchange of data between your computer and Maya’s server. By accessing this Website, you agree to this exchange as well as to the fact that Maya may store and use some of this information for internal purposes. Maya will not release this information unless obliged to do so by law or by any final judgment rendered by a court of law having appropriate jurisdiction.
13. Changes Without Prior Notice
Maya reserves the right to amend this Agreement at any time, and in its sole discretion, by posting the amendments on this Website. You are responsible for periodically reviewing the Website for any amendments to the Agreement. Access to the Website or use of this Website after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended Agreement.
In the event of litigation involving this Agreement, the version of this Agreement in effect at the time the disputed actions take place shall govern the dispute.
The Website contains trademarks that are the property of Maya or its third party suppliers. Trademarks that are owned by third parties are used on the Website pursuant to a license which only extends to Maya and not to you. You receive no license to use the trademarks featured on the Website and any such use must be pre-approved by Maya or its third party suppliers, as the case may be.
For clarity, the trademarks owned by Maya and used on the Website include, without limitation:: TMG, TMG-Thermal, TMG-Flow, I-deas Test, I-deas Test Reporter, I-deas Test Correlation, I-deas Model Update, NVH Jury Evaluation, NVH Sound Quality, Structural Analysis Toolkit, SA-Toolkit, CAE Calibrator, FEM Calibrator, Model Update, The Thermal Wizard and Datacenter Clarity.
For further clarity, the trademarks owned by Siemens PLM Software (or any of its related companies) and used on the Website include, without limitation:: NX, NX Design Simulation, NX Strength Wizard, NX Advanced Simulation, NX Advanced FEM, NX Flow, NX Advanced Flow, NX Thermal, NX Advanced Thermal, NX Space Systems Thermal, NX Electronic Systems Cooling, NX PCB.xchange, NX Laminate Composites, NX Process Studio, NX Knowledge Fusion, NX Open Toolkits, NX FE Environments, NX Nastran, NX Flexible Printed Circuit Design, NX Response Analysis, NX Motion, NX I-deas, I-deas, I-deas TMG, I-deas Electronic System Cooling, I-deas ESC, I-deas PCB Data Translator, UGS NX, Femap, Femap Thermal, Femap Advanced Thermal, Femap Flow, Femap Nastran Structural Analysis Toolkit, Velocity, SolidEdge, Teamcenter, Teamcenter Engineering, Teamcenter Enterprise, Teamcenter for Simulation, Teamcenter Visualization, Teamcenter Express, JT Open, PLM XML Software Developer Kit, and Imageware.
15. Entire Agreement
This Agreement, as it may be amended from time to time in accordance with Section 16, and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and Maya with respect to the use of this Website and the Content.
Notwithstanding the foregoing, certain Content may be subject to different terms and conditions which will be disclosed to you at the time of accessing such Content. If terms and conditions different from those contained herein are disclosed to you in relation to specific Content, those terms and conditions will apply to such Content and take precedence over this Agreement.
Any provision of this Agreement that is deemed unlawful, void, or for any reason unenforceable shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.
17. Reservation of Rights
Maya hereby reserves those rights that have not been expressly granted in this Agreement.
18. Limitation of Access, Term and Termination
This Agreement is effective for the duration of your use of the Website. Maya reserves the right to prevent or limit your access to this Website at its sole discretion. The intellectual property, restrictions on use of Content, limitation on warranty, limitation on liability, and indemnity provisions contained herein shall survive expiry of this Agreement.
19. Applicable Laws and Jurisdiction
Maya, this Website and the Content (excluding linked websites or content) are physically located within the Province of Quebec, Canada. This Agreement and your use of the Website will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, and shall be treated in all respects as a contract entered into and executed in the Province of Quebec, without reference to conflict of laws principles.
Any dispute that may arise from your use of this Website is subject to the jurisdiction of the courts in the Province of Quebec, district of Montreal. You agree to waive any right you may have to participate in any class action against Maya related to this Website, the Content or this Agreement and, where applicable, you also agree to opt out of any class proceedings against Maya.
20. Disclaimer of Availability
The Website may list or refer to Maya and other third party products, programs and services that are currently not available in your country. Any reference to such products in relation to a different jurisdiction does not obligate Maya to offer them in your country at any point.
Any reference made to “this Website” or “Maya‘s Website” shall constitute reference to the Website found at the address www.mayahtt.com, all web pages beginning with the address www.mayahtt.com.
Any reference to information contained on this Website refers to all Content on the site, whether the information is directly or indirectly accessible or via download, whatever its form and without restriction.
The parties specifically agree that this Agreement be drafted in English. Les parties ont spécifiquement demandé que cette entente soit rédigée en anglais.