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Altair Website Terms of Use

These website terms and conditions of use (the "Terms of Use") apply to the Site offered by Altair Engineering, Inc., or its subsidiaries or affiliated companies("Altair"), including but not limited to www.altair.com, www.altairenlighten.com, www.altairhyperworks.com, www.altairproductdesign.com, www.pbsworks.com, www.solidthinking.com, www.innovationintelligence.com, www.altairthinklabs.com, www.toggled.com, connect.altair.com, www.carriots.com, www.carriotsanalytics.com www.altairuniversity.com, www.pbspro.org, kerkythea.net, www.pbscloud.io, thearender.com, www.altairatc.com, www.efatigue.com and other websites owned or operated by Altair, including local websites in your country, such as www.altair.it, www.altair.de, and www.altair.se (collectively, the "Site"). The Site is the property of Altair.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Altair reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

Use of Site

You may access the Site and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code and/or other works that you see, hear or otherwise experience on the Site (collectively, the "Content"), solely for your non-commercial, personal purposes and/or to learn about Altair products and services.

When using particular services or materials on the Site, users shall be subject to any posted terms applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use.

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Altair or others. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information that:

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. Altair neither endorses nor assumes any liability for the content of any material uploaded or submitted by third party users of the Site. Altair generally does not pre-screen, monitor, or edit the Content posted by users that may be available on or through the Site. Altair retains the right, in its sole discretion, to remove any Content that, in Altair's sole judgment, does not comply with these Terms of Use and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. Altair is not responsible for any failure or delay in removing such Content.

Registration Data

In order to access some of the services on the Site, as applicable, you may be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Altair immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Altair or any other user or visitor to the Site due to someone else's use of your Registration Data, as a result of your failing to keep your account information secure and confidential. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. You agree that Altair may at any time, and at Altair's sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of these Terms of Use.

Privacy

The information we obtain through your use of the Site, including your Registration Data, is subject to the Altair Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Third Party Sites and Information

The Site may link you to other independent third-party websites or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Altair's control, and Altair is not responsible for and does not endorse the content of such linked sites. You acknowledge that Altair is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Altair responsible for errors or omissions in any references to other parties or their products or services. The inclusion of such a link or reference is provided merely as a convenience and does imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Altair. Altair does not endorse, nor is Altair responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Altair spokesperson speaking in his/her official capacity.

Intellectual Property

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Altair and/or is affiliates. You are only permitted to use the Content as expressly authorized by Altair or the specific Content provider. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Copyright Policy and Digital Millennium Copyright Act (DCMA) Procedures

Altair respects the intellectual property rights of others and requires that all users of the Site do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Altair will respond expeditiously to claims of copyright infringement committed using the Site submitted to the Designated Agent in accordance with the instructions below. Altair reserves the right to terminate its agreement with you or any other user who infringes third-party copyrights.

Your notice must include (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on the Site where the allegedly infringing content is located, including at a minimum, if applicable, the URL of the link shown on the Site; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.

Contact information for Altair's DMCA Agent for notice of claims of copyright infringement is:

Altair Engineering, Inc. Attn: General Counsel, 1820 E. Big Beaver Road, Troy, MI 48083 [email protected]

Disclaimer of Warranties

ALTAIR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED 'AS-IS,' 'AS-AVAILABLE,' AND 'WITH ALL FAULTS.' THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ALTAIR WEBSITES IS WITH YOU. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALTAIR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT ALTAIR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. ALTAIR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTAIR MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE. ALTAIR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ALTAIR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR EXCLUSIVE REMEDY AGAINST ALTAIR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ALTAIR WEBSITES OR FROM ALTAIR, ITS SUBSIDIARIES OR ITS AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. ALTAIR DISCLAIMS ALL EQUITABLE INDEMNITIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

IN NO EVENT WILL ALTAIR BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF ALTAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE(INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE STIE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ALTAIR HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

ALTAIR SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Altair may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Altair's liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, and hold Altair, its officers, directors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all liabilities, claims, and expenses (including attorneys' fees), made against Altair by any third party due to or arising out of in connection with your use of the Site.

Termination of Use

You acknowledge and agree that Altair may preserve any transmittal or communication by you with Altair through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Altair determines that such preservation or disclosure is reasonable necessary to (1) comply with the legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Altair, its employees, users of or visitors to the Site, and the public.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site, as applicable, immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Altair shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by use in connection with such termination or suspension.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed under the laws of the United States and by the laws of the State of Michigan. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Anti-Piracy

It is Altair's policy and practice to prevent the unauthorized use of its software. Use of Altair's software is established through a written software license agreement that defines both Altair's and the user's rights. It is a violation of Altair's rights to use Altair software absent express permission through written software license agreement. In the absence of a signed software license agreement between you (or the organization that you represent) and Altair, which is on file with Altair, you acknowledge that your use of Altair software is subject to terms and conditions of the appropriate standard Altair Software License Agreement.

Altair has taken and will continue to take all actions necessary to protect its intellectual property, including working with existing customers to facilitate compliance and using legal channels against third parties who are violating Altair rights.

Export Controls

You may not use or export or re-export any Content or any copy of adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Entire Agreement

These Terms of use constitute the entire agreement and understanding between Altair and you concerning the subject matter of these Terms of Use and supersedes all prior agreements and understandings of the parties with respect to that subject matter, if any. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s).