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Website Terms and Conditions of Use

THESE TERMS AND CONDITIONS ("ALTAIR Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE ALTAIR STORE AND THIS WEBSITE. REFERENCES TO "YOU" AND "YOUR" IN THESE TERMS OF USE REFER TO YOU AND SUCH PERSON OR ENTITY ON WHOSE BEHALF YOU ARE ACTING, IF ANY.

YOU AGREE THAT YOUR USE OF THE ALTAIR WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AS WELL AS YOUR ABILITY TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY.

USAGE RIGHTS and RESTRICTIONS

Altair Engineering, Inc. and its suppliers, as applicable ("ALTAIR"), hereby grant You the right to use the materials which make up the ALTAIR Website (the "Website Materials"). You may print the Website Materials on The ALTAIR Website intact from within your browser for personal and fair use purposes only. The Website Materials have been compiled by ALTAIR and Altair may modify them at any time without notice.

You acknowledge that certain areas of the ALTAIR Website may apply other rights and/or restrictions to their use in their own manner (for example, "Software Licenses"). Any language within these Terms Of Use is subject to language in those areas, such as for the Software Licenses.

The use of certain areas of the ALTAIR Website may be restricted by ALTAIR, for example, in order to provide support to existing customers. You may not copy, adapt, modify, display, perform, or otherwise use the Website Materials (including use the Website Materials on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of ALTAIR or its suppliers, including without limitation such permission as may appear within the ALTAIR Website.

INTELLCTUAL PROPERTY OWNERSHIP

Your use of the Website Materials is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Website Materials. Any unauthorized use of any of the Website Materials may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Website Materials is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Website Materials. ALTAIR and/or its suppliers own the Website Materials, which is generally protected by several of the Applicable Laws.

You may use, print and/or download from the ALTAIR Website the Website Materials displayed on the ALTAIR Website for your personal, noncommercial purposes only. Any breach any of these Terms Of Use, invalidates any future use of the ALTAIR Website and you must immediately destroy or delete any downloaded or printed material.

You agree that the Website Materials are the proprietary information of ALTAIR and/or its suppliers, and that you will conform your access, copying, and use of particular Website Materials to the applicable ALTAIR Website purposes indicated in association with the particular Website Materials.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Altair Store website, you agree you will not use the Altair Store for any purpose that is unlawful or prohibited by these terms and conditions, and any subsequent updates or additional notices, including any laws or regulations of the United States Government regarding export. You may not use the Altair Store in any way that could result in damage, or disruption or impairment of any Altair server, or the network(s) connected to any Altair server, or interfere with any other party's use and enjoyment of the Altair Store. You may not attempt to gain unauthorized access to Website Materials, other customer accounts or user information, computer systems or networks connected to any Altair server, through hacking, or any other means.

PBS PROFESSIONAL AND OTHER SOFTWARE PROVIDED VIA THE ALTAIR STORE.

All computer software available through the ALTAIR Store is licensed subject to the terms and conditions of its own applicable software license agreement (“Agreement”).  The Agreement terms and conditions for a Software product take precedence over and supercede any in the Altair Store website in the event of a conflict between the terms.  You may not make copies of the Software other than as explicitly provided for in the Agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ALTAIR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE ALTAIR STORE OR WEBSITE MATERIALS.

COMMUNICATING WITH ALTAIR

Except for orders for products provided through the ALTAIR Website and as specified in our Privacy Statement, all communications from You to the ALTAIR Website will be considered non-proprietary and non-confidential. ALTAIR will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize ALTAIR to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the ALTAIR Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the ALTAIR Website. ALTAIR is not liable for any unauthorized use of any accounts you establish through the ALTAIR Website (e.g., through ALTAIR's online support-related services) by You, your employees, agents or anyone else.

AVAILABILITY OF ALTAIR WEBSITE

You acknowledge that temporary interruptions in the availability of the ALTAIR Website may occur from time to time as normal events. Under no circumstances will ALTAIR or its suppliers be held liable for any damages due to such interruptions. The ALTAIR Website and the Website Materials may include technical inaccuracies or typographical errors. The ALTAIR Website is made available internationally and may contain references to products, programs and services of ALTAIR and/or its suppliers that are not available in your location. Such references do not imply that ALTAIR or its suppliers intend to make available such products, programs or services in your location.

COMPLIANCE ISSUES

It is neither the policy nor a practice of ALTAIR to review communications with the ALTAIR Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, ALTAIR reserves the right to review such communications but has no such obligation. ALTAIR shall have no responsibility or liability for the Website Materials of any communications posted to the ALTAIR Website, nor for any errors or violations of any applicable laws or regulations. ALTAIR will comply with court orders in any jurisdiction directing ALTAIR to disclose the identity of anyone posting communications to the ALTAIR Website.

LINKS WITH OTHER SITES

ALTAIR is not responsible for the Website Materials of any other web site linked to or from the ALTAIR Website. If you link to another site, you leave the ALTAIR Website. If you decide to link to another site, you do so entirely at your own risk. ALTAIR may provide links from the ALTAIR Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any Website Materials, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY WEBSITE MATERIALS OF A LINKED SITE, ARE HEREBY EXCLUDED.

EXPORT/ENCRYPTION CONTROL

You acknowledge that USA export control laws and regulations apply to the entire ALTAIR Website, including without limitation the U.S. Department of Commerce Export Administration Regulations ("EAR") which prohibit the export or re-export of products and technology to certain countries and persons. You hereby assure You will not export, re-export, or transfer any software (acquired by You through the ALTAIR Website ["Software"]) in violation of any applicable export control laws and regulations, including without limitation USA versions of the same. If You are outside the USA, You represent You are eligible to receive items exported from the USA and are not: (1) a resident or national of any country subject to a USA trade embargo; (2) listed on the banned "Entity List," "Denied Persons List," or "Specially Designated Nationals List" maintained by the U.S. government; (3) engaged in [a] civil or military nuclear activities; [b] chemical or biological weapons-related activities; or [c] missile technology in or for a country subject to USA proliferation controls; or (4) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent You will not supply Software to any end-user of the types listed above without prior U.S. government authorization. You acknowledge Software may contain encryption and be subject to more stringent restrictions under the E.A.R.

U.S. GOVERNMENT LIMITED RIGHTS

You hereby acknowledge that any software (except as to open/free source) acquired from the ALTAIR Website, including without limitation through the ALTAIR Website, is acquired as "commercial computer software" (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is Altair Engineering, Inc.,

1820 E. Big Beaver Road, Troy, MI 48083.

However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the ALTAIR web site will supersede the provisions of this paragraph.

DISCLAIMER

THE WEBSITE MATERIALS PROVIDED AT THIS ALTAIR WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. ALTAIR does not warrant the accuracy and completeness of the Website Materials on the ALTAIR Website. ALTAIR takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the ALTAIR Website. The Website Materials at the ALTAIR Website may be out of date, and ALTAIR makes no commitment to update the Website Materials at the ALTAIR Website. Information published at the ALTAIR Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the ALTAIR Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the ALTAIR Website will supersede the provisions of this paragraph.

LIMITATION OF LIABILITIES

IN NO EVENT WILL ALTAIR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ALTAIR WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS ALTAIR WEBSITE, OR THE WEBSITE MATERIALS CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ALTAIR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the ALTAIR Website will supersede the provisions of this paragraph.

INDEMNIFICATION

Upon the request of ALTAIR, you agree to defend, indemnify and hold harmless ALTAIR and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the ALTAIR Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Website Materials on the ALTAIR Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the ALTAIR Website will supersede the provisions of this paragraph.

TRADEMARKS

The trademarks, service marks and logos (trademarks) of ALTAIR and/or others used on the ALTAIR Website are the property of Altair Engineering, Inc.., its suppliers, or their respective owners. You may not use, and nothing contained on the ALTAIR Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the ALTAIR Website without the written permission of Altair Engineering, Inc. or the respective owner, which written permission may be expressed within the ALTAIR Website.

GOVERNING LAW

This ALTAIR Website is operated and controlled from ALTAIR's offices in Michigan, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of Michigan (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the ALTAIR Website and your connection to and use of the ALTAIR Website. Both ALTAIR and You submit to exclusive jurisdiction in Michigan and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Oakland County, Michigan.

ALTAIR makes no representation or warranty that any communications or Website Materials on the ALTAIR Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their Website Materials are illegal is prohibited. You agree that if you access our ALTAIR Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language.

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