This License Agreement and Terms of Use (the “Agreement”) is a legally-binding agreement between you and Transim Technology, the owner of the design application, Schematics.io (the “Application”). As used in this Agreement, the capitalized term “the Application” means the Application and any authorized website on which the Application is found. BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR ARE DISSATISFIED WITH THE APPLICATION FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
1. Right to Access and Use the Application.
Your right to access and use the Application is personal to you and is not transferable to any other person or entity. You represent that you are at least eighteen (18) years of age.
2. Passwords.
If there is a password associated with your access to and use of the Application, you are responsible for protecting the confidentiality of your password(s) that allow access to the Application. You are responsible for use of the Application by any other person you permit to access or use the Application. You agree to notify Transim Technology, in the event of any unauthorized use of your account associated with the Application.
3. Ownership of the Application
As between you and Transim Technology, Transim Technology owns all right, title, and interest in and to the Application. You acknowledge that you do not acquire any ownership rights to the Application by accessing or otherwise using the Application.
4. Trademarks
Trademarks appearing on the Application are the property of Transim Technology, its licensors, or their respective owners.
5. Changes to the Application
Transim Technology has the right to change or discontinue any aspect or feature of the Application at any time.
6. Equipment
As between Transim Technology and you, you are responsible for obtaining and maintaining, and all payments for, all telecommunications, computer hardware, and other equipment needed for access to and use of the Application.
7. End User Conduct
You are responsible for your actions in connection with your access and use of the Application. You agree that you will use the Application solely for the purposes for which it was intended and that you will not use the Application for any unintended or unlawful purpose. You agree not to post, upload, or transmit, or cause to be posted, uploaded, or transmitted, on or through the Application (i) any unlawful, defamatory, libelous, tortious, obscene, or similarly-objectionable content; (ii) any content that infringes or otherwise violates the intellectual property rights or other rights of any third party; or (iii) any content that includes any software viruses or other harmful or deleterious computer code, files, or programs. You agree not to attempt to access the source code or object code of the Application or attempt to decompile, reverse engineer, or dissemble the Application. You agree not to interfere with or disable the Application or the servers or networks used in connection with the Application in any way. Except as otherwise expressly permitted under the “fair use” doctrine of copyright law, you agree not to reproduce, distribute, transmit, publish, create derivative works based on, or otherwise exploit the Application. Transim Technology may monitor and track your use of the Application for the purposes of monitoring your compliance with this Agreement, for monitoring how the Application is used so that Transim Technology can modify or improve the Application, to gather information for use by Transim Technology in marketing and market research, to provide information to manufacturers of components on how their products are being used in designs, to register designs pursuant to manufacturer programs, and for any other lawful purpose.
8. Rights to End User Content
By posting, uploading, or transmitting any data or other content on or through the Application, or causing any data or content to be posted, uploaded, or transmitted on or through the Application (the “End User Content”): (i) you represent and warrant that you are the owner of the End User Content and/or that you have the right to grant the licenses to Transim Technology contained in this Agreement; and (ii) you grant to Transim Technology a fully-paid, royalty-free, perpetual, irrevocable, transferrable, sub licensable, non-exclusive, worldwide license to maintain a copy of the End User Content (in whole or in part) solely for the purpose of operating the Application and storing content posted by registered users for their use with the Application.
9. Rights of Transim Technology to Delete End User Content
Transim Technology has no obligation to monitor, review, screen, or edit End User Content; however, without limiting any other rights or remedies of Transim Technology, Transim Technology may remove from the Application, delete, and/or destroy any End User Content that either violates the terms of this Agreement or that Transim Technology, in its sole discretion, deems inappropriate.
10. Suggested Improvements to the Application
Transim Technology alone shall own all right, title, and interest, including all related intellectual property rights, to any data that constitutes suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Application (“Submissions”) and you agree to and hereby assign the ownership of such Submissions to Transim Technology free of charge. Transim Technology may use such Submissions as it deems appropriate.
11. Disclaimers and Limitations on Liability
The Application may periodically be inaccessible or inoperable for any reason including, but not limited to: (i) transmission interference, interruptions, congestion and/or outages; (ii) hardware or software malfunctions; (iii) periodic maintenance procedures or repairs made by or on behalf of Transim Technology; or (iv) other causes beyond Transim Technology reasonable control. Transim Technology is not responsible for loss of access to or use of the Application for any reason. Transim Technology is not responsible for any (i) deletion, destruction, or loss of, (ii) damage to, or (iii) failure to save or store any End User Content. Transim Technology may delete or destroy End User Content at any time, subject to the requirements of Applicable Law (as defined in the Transim Technology Privacy Policy). Transim Technology makes no representations or warranties regarding the accuracy, quality, integrity, legality, reliability, appropriateness, or timeliness with respect to the Application. THE APPLICATION IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK OF YOUR USE OF THE APPLICATION. TRANSIM TECHNOLOGY EXPRESSLY DOES NOT WARRANT THAT THE APPLICATION, OR ACCESS TO OR USE OF THE APPLICATION, WILL BE UNINTERRUPTED OR ERROR FREE. UNDER NO CIRCUMSTANCES SHALL TRANSIM TECHNOLOGY BE LIABLE FOR ANY DAMAGE CAUSED BY YOUR RELIANCE ON THE APPLICATION OR ITS CONTENTS. IN NO EVENT SHALL TRANSIM TECHNOLOGY BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES AS A RESULT OF LOST DATA OR LOSS OF ACCESS TO OR USE OF THE APPLICATION), REGARDLESS OF THE LEGAL THEORY ASSERTED (WHETHER IN TORT, CONTRACT, OR OTHERWISE) AND REGARDLESS OF WHETHER TRANSIM TECHNOLOGY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TRANSIM TECHNOLOGY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LIMITATIONS ABOVE RELIEVE TRANSIM TECHNOLOGY OF ANY LIABILITY ARISING OUT ACTS THAT CONSTITUTE INTENTIONAL TORTS AND/OR WILLFUL OR WANTON MISCONDUCT OF TRANSIM TECHNOLOGY.
12. Indemnification
You agree to indemnify, defend and hold Transim Technology, its affiliated or related companies, its clients, licensors, and users, any and all directors, officers, employees, and representatives of the foregoing parties (the “Transim Technology Parties”) harmless from and against any and all claims, liabilities, damages, costs and expenses, including attorneys' fees, suffered or incurred by any of the Transim Technology Parties and resulting from any breach of this Agreement by you.
13. Termination
Transim Technology may immediately terminate this Agreement or your access to the Application for any or no reason, with or without notice. The provisions of this Agreement relating to ownership of intellectual property, disclaimers, limitations on liability, and indemnification, and any other provisions of this Agreement where context so indicates, shall survive termination of this Agreement.
14. Changes to this Agreement
Transim Technology reserves the right to change the terms and conditions of this Agreement at any time. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. If you have any questions or concerns about use of your personally identifiable information, please contact us at support@transim.com.
Last Updated May 8th, 2017
