1 ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to the 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 enter into a binding agreement with Tekla and You accept that Your access to and use of the Tekla Online Services or any part thereof is subject to these Terms of Service.
1.3 For the purposes of these Terms of Service:
"Content" means all data and information made available by Users on the Tekla Online Service, including, without limitation, discussion board posts, user manuals and other documentation, pictures, videos and other audiovisual materials, and software.
“Tekla account” means an online account created for Your use within the Tekla Online Service.
“Tekla Online Service” means the online, Web-based application and platform services made available via the websites registered to Tekla Corporation.
“Tekla” means Tekla Corporation having its principal place of business at Metsänpojankuja 1, FIN-02130 Espoo, Finland, and its affiliates.
"Terms of Service" means these terms of service which form the entire agreement between Tekla and You regarding the use of the Tekla Online Service.
"Users" mean any users of the Tekla Online Service.
“You” means the individual accessing or using the Tekla Online Service or the company or other legal entity on behalf of which such individual is accessing or using the Tekla Online Service, as applicable.
1.4 Tekla may modify these Terms of Service from time to time. You must accept such modified Terms of Service prior to continuing use of the Tekla Online Service.
2 YOUR ACCOUNT AND USE OF THE TEKLA ONLINE SERVICE
2.1 You may access Your Tekla account through Your user ID and password ("Credentials"). Your Credentials are solely for Your own use. You are responsible for maintaining the confidentiality of Your Credentials and You remain fully liable for any access and use of Your Tekla account with Your Credentials, whether You have authorized such access or use or not. It is Your responsibility to take adequate precautions in respect of Your Credentials, and to immediately notify Tekla of any loss or unauthorized disclosure or use of Your Credentials.
2.2 Access and use of the Tekla Online Service and the Content made available by the Users in the Tekla Online Service, whether through Your Tekla account or otherwise, shall be subject to these Terms of Service, including viewing, posting and responding to communications in the Tekla Online Service, and uploading and downloading of Content. You shall comply with applicable laws and regulations, including those relating to export control when using Your Tekla account and the Tekla Online Service.
3 CONTENT, INTELLECTUAL PROPERTY AND LICENSE TO USE THE TEKLA ONLINE SERVICE
3.1 You, or a third party represented by You, as applicable, retain ownership of all intellectual property rights to Content that You submit to the Tekla Online Service, subject to the rights granted to Tekla pursuant to section 3.3 below. Access to and sharing of Your Content and Your information remains at all times in Your control.
3.2 By submitting Content to the Tekla Online Service, You represent and warrant that (i) You are entitled to do so and grant licenses to such Content as set forth in these Terms of Service; (ii) submission of such Content does not infringe the intellectual property rights of any third party; and (iii) Your disclosure of Content does not violate any obligations of confidentiality that You may have towards any third party.
3.3 You grant Tekla a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, create derivative works of, distribute, modify, publicly perform and publicly display Your Content for the purpose of making available, displaying, distributing and promoting the Tekla Online Service, and for the purpose of further development of the Tekla Online Service and other Tekla software products and related services.
3.4 You understand that submitting Your Content to the Tekla Online Service is voluntary, and will expose Your Content to public display in a non-confidential manner. You grant Tekla and any Users of the Tekla Online Service a pereptual, irrevocable, worldwide, royalty-free license to view Your Content and use such Content as enabled from time to time by the Tekla Online Service and as permitted by these Terms of Service. You understand that such licence to Your Content will survive the termination or cancellation of Your Tekla Account and Your use of the Tekla Online Service for any reason.
3.5 No compensation will be due to You or any third party for any use of Your Content in accordance with these Terms of Service, whether such use is intentional or inadvertent.
3.6 You hereby irrevocably release and forever discharge Tekla 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 have against Tekla or its successors and assigns with respect to Your Content and the use of Your Content in accordance with these Terms of Service.
3.7 You do not have the right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display Content submitted by other Users, except as permitted by these Terms of Service or the owner of such Content. You may not remove or alter any branding, logos or copyright notices in any Content available in the Tekla Online Service.
3.8 Any and all intellectual property rights in the Tekla Online Service, including any software, graphics, user interfaces and audiovisual content, shall remain vested in Tekla and third party licensors of Tekla. The Tekla Online Service is protected by copyright law and international treaties.
3.9 Tekla grants You a non-exclusive, revocable and limited right to use the Tekla Online Service solely in accordance with these Terms of Service for Your internal or personal use. You understand that use of the Tekla Online Service may be subject to a separate charge 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 available on the Tekla Online Service and You do not have the right to index or aggregate any portion of the Tekla Online Service (whether manually or by means of a robot, spider, or other device). Nothing in these Terms of Service will be construed as granting You any proprietary rights in the Tekla Online Service or any Content available on 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 to the Tekla Online Service or any Content available 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 Tekla determines, in its sole discretion, to be in violation of these Terms of Service, unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights of Tekla or any third party, or that is detrimental to the quality of the Tekla Online Service. Tekla also has the right, but not the obligation, to limit or revoke the Tekla Account of any User submitting such Content or engaging in such behavior.
4.2 You understand that Tekla is not able and has no obligation to preview or control any Content submitted to the Tekla Online Service by Users, and that Tekla cannot guarantee the accuracy, integrity or quality of any Content. You agree that any use of Content by You, whether by way of downloading from the Tekla Online Service or otherwise, is at your sole risk, and under no circumstances will Tekla assume any liability for any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.
4.3 If You would like to report Content that is unlawful, offensive or otherwise objectionable, breaches these Terms of Service or the Tekla Community Guidelines, or Content that You believe violates Your, or a third party’s copyright or other intellectual property rights, You may use the flagging feature by clicking the Inappropriate link attached to every topic post and reply, or send a notice directly to firstname.lastname@example.org or email@example.com.
4.4 Tekla will use reasonable efforts to respond to infringement notices submitted to the aforementioned address, and to take such measures as Tekla in its sole discretion considers appropriate to remove any infringing Content and to discontinue and prevent any infringement.
5 CANCELLATION AND TERMINATION
5.1 Tekla, in its sole discretion, may suspend or terminate Your Tekla account, and remove and discard any Content submitted by You to the Tekla Online Service with or without prior notice, if You breach these Terms of Service or the Community Guidelines, or due to lack of use of Your Tekla account. Termination of Your Tekla account will automatically terminate Your agreement concerning the Tekla Online Service.
5.2 Tekla, in its sole discretion and at any time, may discontinue the Tekla Online Service, or any part thereof, with or without notice. Consequently, You may also terminate Your use of the Tekla Online Service and Your Tekla account at any time by sending a notice to firstname.lastname@example.org.
5.3 Following termination of Your Tekla account for any reason, You will no longer have access to Your Tekla account, and Your information and Content in Your Tekla account and in the Tekla Online Service may be deleted by Tekla. Notwithstanding the foregoing, Tekla will use reasonable endeavours to delete or disable Your Content upon written request from You. Taking back-up copies of Your Content is your sole responsibility, and under no circumstances will Tekla have any liability for any information or Content that is deleted, lost or corrupted in connection with the Tekla Online Service or cancellation or termination of Your Tekla account.
6 GENERAL TERMS
6.1These Terms of Service will remain in full force and effect during Your use of the Tekla Online Service. Any provision of these Terms of Service that by implication is intended to continue in force after discontinuation or termination of Your use of the Tekla Online Service (including without limitation Your grant of license to Your Content) will survive such discontinuation or termination for any reason.
6.2 You will defend, indemnify and hold Tekla, its affiliates and their respective employees and principals harmless from and against any claim, liability (including settlements and judgments) or expenses (including reasonable attorneys’ fees, expenses and court costs) arising out of any claim or demand made by any third party relating to (i) Your use of the Tekla Online Service, (ii) a claim that Your use of the Tekla Online Service infringes the intellectual property rights of any third party, or (iii) any breach of these Terms of Service or the Community Guidelines.
6.3 SUBJECT TO MANDATORY PROVISIONS OF APPLICABLE LAW, THE TEKLA ONLINE SERVICE IS PROVIDED "AS IS", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY CONCERNING THE TEKLA ONLINE SERVICE, OR THE ACCURACY OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR PRODUCTS CONTAINED OR MADE AVAILABLE IN THE TEKLA ONLINE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR USAGE OF TRADE. IN PARTICULAR, 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.
6.4 TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, TEKLA DISCLAIMS LIABILITY IN RESPECT OF ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF PRODUCTION, LOSS OF DATA OR LOSS OF USE, AND ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS AND DAMAGES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR STRICT LIABILITY, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY, EXISTENCE OR NATURE 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 €), WHICHEVER IS LOWER.
6.5 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.
6.6 Notwithstanding the foregoing, nothing in these Terms of Service shall operate to limit Your rights as a consumer under the mandatory provisions of the applicable law.
6.7 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.
6.8 The Tekla Online Service, or parts thereof may be subject to embargo and export control restrictions. You agree to comply with all applicable embargo and export control laws and regulations and in particular those of the United States and European Union, in force from time to time.
Last updated in Nov 5th 2013