1 ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to Tekla Online Service.
1.2 By ticking in the I agree box or pressing the I accept button when creating Your Tekla account You agree to have entered into a binding agreement with Tekla and accept that Your use of any of the Tekla Online Service is subject to these Terms of Service in effect at the time of Your use.
1.3 For the purposes of these Terms of Service
“Client” means any past, present or future client of Tekla, including those using the Tekla Online Service.
"Content" means all electronic data or information posted by Users on the Tekla Online Service.
“Tekla account” means an electronic account created for You, provided Tekla has granted You access to the Tekla Online Service, to be used in connection with the service.
“Tekla Online Service” means all online, Web-based application and platform services made available via the websites registered to Tekla Corporation.
“Tekla” meansTekla Corporation including its affiliates.
"Terms of Service" means these terms of service which form the entire agreement between Tekla and You regarding the Tekla Online Service.
"Users" mean third-party users of the Tekla Online Service who are authorized to use these services subject to the terms of this agreement as a result of a subscription and having been supplied user identifications and passwords.
“You” and “Your” means the business entity and/or private person who has subscribed to use the Tekla Online Service subject to the conditions of the Terms of Service together with any other terms and conditions required by Tekla.
1.4 Tekla reserves the right to update and change the Terms of Service from time to time. You must accept the updated and/or changed Terms of Service prior to using the Tekla Online Service. When accessing the Tekla Online Service, please check for updates and changes.
2 YOUR ACCOUNT
2.1 Tekla can refuse the registration or cancel of any account in its sole discretion at any time.
2.2 Your Tekla account will be accessed through a user ID and password that You will create (Your "Credentials"). Your Credentials are solely for Your own use. You are responsible for maintaining the confidentiality of Your Credentials and You are fully and solely responsible for all activities that occur under Your Credentials, whether authorized by You or not. It is Your responsibility to take adequate precautions with Your Credentials and to immediately notify Tekla of any unauthorized use of Your Credentials.
2.3 Using Your Tekla account, You may access and participate in the Tekla Online Service, including viewing, posting and responding to communications on and through the Tekla Online Service.
2.5 Tekla does not gather any information related to Clients’ businesses, projects, names or contacts that could identify their trade secrets.
3 CONTENT, INTELLECTUAL PROPERTY AND LICENSE TO USE THE TEKLA ONLINE SERVICE
3.1 Your Content, including text, images, audio visual media data, ideas, inventions, designs, patterns and processes, that You post on or through the Tekla Online Service is Your own or licensed to You by a third party, and You warrant that You are entitled to post it to the Tekla Online Service. By posting Your Content to the Tekla Online Service, You are granting Tekla and certain third parties a permission to use Your Content to the extent described in these Terms of Service.
3.2 By using the Tekla Online Service, You are granting Tekla, for the purposes of developing its software products and services related thereto, including the Tekla Online Service, a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, modify, publicly perform and publicly display Your Content on and through the Tekla Online Service and on and through other services affiliated with Tekla, regardless of the medium used or of whether such services now exist or are developed in the future. If You post Content on or through the Tekla Online Service, You represent and warrant that You have the right to post that Content and grant the above rights to Tekla.
3.3 You understand that posting Your Content on or through the Tekla Online Service is entirely voluntary and will expose Your Content to public display in a non-confidential manner. You understand that Tekla and/or any past, present or future Client of Tekla may view Your Content and may develop or have developed Content, which is identical or similar to Yours, or may already know of such Content from other sources. Therefore, You represent and agree to all of the following and acknowledge that Tekla and its Clients are explicitly relying on such representations and agreement with regard to Your Content:
3.3.1 The Content represents either Your own original work or You have all the necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party and You know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service. You specifically covenant that Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Tekla or any of its Clients, or obligate Tekla or any of its Clients to treat your Content (or any related materials) as secret or confidential.
3.3.2 If Tekla and/or any of its Clients do make use of Your Content to the extent allowed by these Terms of Service, whether such use is intentional or inadvertent, no compensation will be due to You or anyone else for the use of Your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to or related to Your Content.
3.3.3 If Your Content contains any other party’s intellectual property rights, you shall disclose that fact in connection with posting Your Content on or through the Tekla Online Service.
3.3.4 You hereby irrevocably release and forever discharge Tekla and its Clients and their affiliates and subsidiaries (together, the "Released Parties") from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which You now have or hereafter can, shall or may have against the Released Parties or their respective successors and assigns with respect to the Content and the use of the Content in accordance with these Terms of Service.
3.4 Content posted by another person or company on or through the Tekla Online Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any other Content that does not belong to You, other than viewing of the Content on or through the Tekla Online Service as Tekla Online Service may make available.
3.5 Tekla (and certain third parties) own all right, title and interest in and to the Tekla Online Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Tekla Online Service, and the combination of all the elements on the Tekla Online Service. Tekla Online Service as a whole, its computer code, user interface and graphic elements, are all copyrighted works of Tekla or certain third parties. Various other aspects of the Tekla Online Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
3.6 Tekla grants You a non-exclusive, revocable and limited right to use the Tekla Online Service solely in accordance with these Terms of Service and solely for Your internal or personal use subject to a separate charge, if any, as notified by Tekla from time to time. By way of example only, and not limitation, You do not have the right to modify, adapt, translate, or reverse engineer any portion of the the Tekla Online Service or any software products accessed through the Tekla Online Service, and You do not have the right to index or aggregate any portion of the Tekla Online Service (either by hand or by means of a robot, spider, or other device). Nothing in these Terms of Service will be construed as granting You any property rights in the Tekla Online Service or any software products accessed through the Tekla Online Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Tekla Online Service.
4 CODE OF CONDUCT
4.1 Tekla has the right, but not the obligation, to remove or block Content from the Tekla Online Service that it determines in its sole discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or the Community Guidelines of the Tekla Online Service. Tekla also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content or engages in such behavior.
4.2 Tekla shall have no obligation to control Content posted through the Tekla Online Service and does not guarantee the accuracy, integrity or quality of any Content. You agree that under no circumstances will Tekla be liable in any way for any Content, including any errors or omissions, or any loss or damage of any kind incurred as a result of Your use of any Content. You understand that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If You would like to report objectionable materials or You have other urgent issues, You may report them to email@example.com.
5 COPYRIGHT INFRINGEMENT NOTICES
5.1 If You believe that any material available on or through the Tekla Online Service violates Your copyright, you may send Tekla a copyright infringement notice in writing to the address firstname.lastname@example.org.
5.2 Tekla will use reasonable efforts to prevent any copyright infringements.
6 CANCELLATION AND TERMINATION
6.1 Tekla, in its sole discretion, may terminate Your password and/or Tekla account and remove and discard any Content within the Tekla Online Service for any reason, including and without limiting lack of use, or if Tekla believes that You have violated or acted inconsistently with these Terms of Service. On such event, without prejudice to Tekla’s rights under clause 7, any contracts, verbal or written or assumed, in conjunction with Your Tekla account and all its parts, at Tekla's discretion, will be terminated as well.
6.2 Tekla, in its sole discretion and at any time, may discontinue providing the Tekla Online Service, or any part thereof, with or without notice. Consequently, You may also terminate Your use of the Tekla Online Service at any time by sending a notification of termination to following address email@example.com. Any termination of Your access to the Tekla Online Service under any provision of these Terms of Service may be effected without prior notice.
6.3 After cancellation or termination of Your Tekla account for any reason, You will no longer have access to Your Tekla account, and all information and Content that You have stored in Your Tekla account or in the Tekla Online Service may be, but is not required to be, deleted by Tekla. You shall be liable for taking all relevant back-up copies of Your Content, and under no circumstances Tekla will have any liability for the information or Content that is lost or corrupted in connection with the Tekla Online Service or otherwise deleted due to the cancellation or termination of Your Tekla account.
7 GENERAL TERMS
7.1 These Terms of Service will remain in full force and effect while you use the Tekla Online Service. Those terms that can continue to operate after You stop using the Tekla Online Service (including and without a limitation to Your Content license to the General Terms in this Section) will survive after you stop using the Tekla Online Service.
7.2 You agree to indemnify and hold Tekla, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) Your actions in using the Tekla Online Service, (ii) a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization, including those who are using the Tekla Online Service, or (iii) the violation of these Terms of Service by You, or any third party using Your Credentials.
7.3 TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE TEKLA ONLINE SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE TEKLA ONLINE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE TEKLA ONLINE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TEKLA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TEKLA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE TEKLA ONLINE SERVICE. TEKLA DOES NOT WARRANT THAT THE TEKLA ONLINE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TEKLA ONLINE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TEKLA OR THE TEKLA ONLINE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
7.4 TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER TEKLA WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA REGARDLESS OF TEKLA BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS SOME JURISDICTIONS MAY NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THIS CASE TEKLA’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES AND EXPENSES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE AND THE TEKLA ONLINE SERVICE, IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR TO FIFTY EUROS (50 €).
7.5 The conditions, validity and performance of these Terms of Service shall be governed by and construed in accordance with the laws of Finland without regard to conflict of law principles. Any dispute arising from or related to these Terms of Service shall be submitted to the exclusive jurisdiction of a court of competent jurisdiction in Finland.
7.6 Notwithstanding the foregoing, nothing in these Terms of Service shall limit Your rights as a consumer under the mandatory provisions of the applicable law.
7.7 If any provision of these Terms of Service shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any other provisions of these Terms of Service and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
Last updated December 2012.