Autodesk reserves the right to change these Terms, and provide you with notice of such change by posting a revised version of the Terms on the Site or by other reasonable means selected by us.
1. Site; Products. The Site makes available for download certain Products. You may use the Site to browse, locate, and download Products to be used in connection with your licensed Autodesk products or services.
2. License Agreements. Use of the Products is governed by the terms of the end user license agreement or other agreement applicable to each Product (each, a “License Agreement”). You may not install, access or use any Product that is accompanied by or includes a License Agreement unless you have agreed to the terms of the applicable License Agreement. You agree to comply with all local laws and regulations regarding the download, installation and /or use of the Products.
3. Third Party Products. Many of the Products made available for download on this Site are sourced from independent third party-developers or providers (“Publishers” or “Licensors”), not from Autodesk. Each Publisher is solely responsible for its Products (“Third Party Products”), including, without limitation, for (i) any and all content, services or subscriptions provided through or in connection with such Third Party Product, (ii) the development, installation and use of such Third Party Product, (iii) any and all maintenance and support services with respect to such Third Party Product, as specified in the applicable License Agreement or as required by applicable law, (iv) any and all warranties for such Third Party Product, whether express or implied by law, to the extent not effectively disclaimed in the applicable License Agreement, or other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, (v) the investigation, defense, settlement and discharge of any liabilities or claims by you or any third party in any way related to the Third Party Product, including, but not limited to, for product liability, personal injury or death, noncompliance with applicable law, rule or regulation and infringement or misappropriation of a third party’s intellectual property or other rights, and (vi) establishing the purchase price, verifying all payments, collecting and paying all applicable taxes and issuing refunds. Please contact the Publisher directly for refunds, returns or cancellations. Autodesk reserves the right (but shall have no obligation) to screen, review, filter, modify, refuse or remove any or all Products from the Site.
4. Payments. Some Products may be available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Site. If you wish to purchase a Product, we may provide, for your convenience, a link on the Site to a payment processor who will process your payment for such Product (“Payment Processor”). Please be aware that the Payment Processor is a third party, and that use of the Payment Processor’s website and related services is governed by the Payment Processor’s terms and conditions, not by these Terms, and Autodesk is in no way responsible or liable for the Payment Processor’s terms and conditions. We encourage you to read the Payment Processor’s terms and conditions prior to making any purchases. You agree that Autodesk reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
5. Waiver and Release. You agree that Autodesk shall have no responsibility or liability whatsoever in connection with the Third Party Products or Publishers and, to the maximum extent permitted by applicable law, You hereby release and waive all claims against Autodesk and/or its subsidiaries and affiliates and each of its and their respective employees, officers, directors, shareholders, agents and representatives 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 the Third Party Products or Publishers. 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.
6. Disclaimer of Warranties. THE SITE AND THE PRODUCTS AVAILABLE THROUGH THE SITE AND ANY OTHER INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY MADE TO THE INFORMATION HEREIN. AUTODESK AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, THE PRODUCTS AVAILABLE THROUGH THE SITE, AND ANY OTHER INFORMATION, CONTENT, SERVICE(S), SOFTWARE, PRODUCT(S), DOCUMENTS, AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. General. These Terms contain the entire agreement between you and Autodesk with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Autodesk with respect to the Site. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Autodesk. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Autodesk’s express prior written consent. Autodesk will not be responsible for failures to fulfill any obligations due to causes beyond its control.