These terms of use (“TOU”) govern your use of the Altium 365 Online Viewer (the “Viewer”). When you access the Viewer in any manner you agree to abide by these terms of use. Altium may change these TOU in its sole discretion and any changes shall apply to any subsequent use of the Viewer by you. If you do not agree to any of these terms of use exit the Viewer and refrain from any further use thereof.
1. You and others to whom you provide design access are granted a limited, non-exclusive license to use the Viewer in order to post your Altium Designer (“AD”) PCB designs so that they may be viewed by you and others. Altium in its sole discretion may revoke your license and access to the Viewer at any time. No one will be permitted to modify a posted design, including the poster.
2. In posting any design to the Viewer you grant to Altium a limited, fully paid-up worldwide license to: store and display your designs while available in the Viewer. In no event shall Altium be permitted to give or sell your designs to third parties.
3. There is currently no fee for use of the Viewer, whether you are posting designs or viewing the designs of others. Additional features added to the Viewer may later be accessible only on a paid basis.
4. ALTIUM EXCLUDES ALL WARRANTIES REGARDING THE STRUCTURE, OPERATION OR PERFORMANCE OF THE VIEWER, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTIUM DISCLAIMS ANY AND ALL LIABILITY REGARDING THE VIEWER AND ANY USE OF THE VIEWER OR ANY DESIGN POSTED ON THROUGH THE VIEWER BY YOU OR OTHERS AND SPECIFICALLY DISCLAIMS ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES OR ANY CLAIMS OF LOST PROFITS OR REVENUES. ALTIUM MAKES NO WARRANTIES AS TO THE LEVEL OF SERVICE THAT WILL BE AVAILABLE FOR THE VIEWER YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING COPIES OF ANY DESIGNS YOU POST TO THE VIEWER AND ALTIUM DISCLAIMS ANY LIABILITY RELATED TO YOUR DESIGN BEING LOST OR CORRUPTED WHILE POSTED ON THE VIEWER.
5. You agree to indemnify, defend and hold harmless Altium and its officers, directors, employees and agents from any third-party demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of Your use of the Viewer. In the event You become aware of any third party claim arising out of Your use of the Viewer you agree to immediately notify Altium of such claim and shall proffer a defense thereto. Altium shall reasonably cooperate with you in such defense at your expense. Altium agrees to indemnify, defend and hold you harmless against any third-party demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of a claim that the Viewer infringes upon or misappropriates the intellectual property rights of a third party. You shall reasonably cooperate with Altium in such defense at Altium’s expense. Altium in no event shall be obligated to indemnify, defend or hold you harmless when the third-party claim arises from any design that you submit to the Viewer. In the event that Altium determines that it must amend the Viewer and/or the platform to avoid or limit such claims of infringement or misappropriation you understand and agree that Altium may do so without obligation to you.
6. You agree to refrain from any postings to or communications with the Viewer that contain malware of any form. In the event Altium determines that you have introduced any malware into the Viewer your license thereto will be revoked and you will be barred from further access.
7. These TOU are governed exclusively by California law, excluding the law relating to choice or conflict of law. Any dispute arising out of or in any way related to these TOU or your use of the Viewer shall be submitted to a state or federal court located in San Diego, California and you submit to the exclusive jurisdiction and venue of such courts. These TOU and the cited Privacy Policy set forth the entire agreement between you and Altium regarding your use of the Viewer and may be modified only by Altium and your subsequent use of the Viewer after If any portion of these TOU is found by a court of competent jurisdiction to be void or unenforceable, such portion shall be eliminated to the minimum extent necessary without affecting the other provisions of these TOU. Any failure by Altium to enforce any portion of these TOU shall not be construed as or constitute a waiver by Altium of any such portion or any other portion thereof. You agree that there are no intended or permitted third party beneficiaries of these TOU.
