Legal
Last modified: February 23, 2015. Please read the following terms carefully before using this website or purchasing software.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE progeCAD WEB SITE (progeCAD SITE), YOU AGREE TO THE TERMS CONTAINED IN THESE TERMS OF USE (THE AGREEMENT). THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH.
Since our software is unlocked with a security code onto your local computer, we do not refund purchases of the software after you have applied the security code and unlocked the software.
Therefore, we offer you the opportunity to download 30-day free trials of our software so you can utilize the products to make sure you can use them successfully before you make your purchase. Trial software downloads are available by selecting the download now buttons on the product pages on our website.
Any and all intellectual property rights associated with the progeCAD Site and the text, software, music, sound, photographs, video, graphics, domain names, URLs, advertisements, commercially produced information, and other materials contained on the progeCAD Site (progeCAD Content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of progeCAD sa (progeCAD) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, progeCAD does not grant to you any express or implied rights to progeCAD or any third party's Intellectual Property.
You understand and agree that you are permitted to use progeCAD Content only as expressly authorized by progeCAD or its third party licensors, as applicable. You may download, view, copy and print progeCAD Content, subject to the following: (a) the progeCAD Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the progeCAD Content may not be modified or altered in any way.
All progeCAD graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of progeCAD sa. progeCAD trademarks and trade dress may not be used in connection with any product or service that is not progeCAD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits progeCAD. All other trademarks not owned by progeCAD that appear on the progeCAD Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by progeCAD.
In consideration for your use of the progeCAD Site, you must: (1) provide all equipment necessary for accessing and utilizing the progeCAD Site; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase products or services through the progeCAD Site, you agree to provide certain current, complete, and accurate information about yourself as prompted during checkout. All Customer Information will be handled in accordance with the terms of the progeCAD Privacy Policy. progeCAD reserves the right to terminate your right to use the progeCAD Site if progeCAD learns that you have provided false, inaccurate or misleading Customer Information or otherwise violated this Agreement.
Any links on the progeCAD Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the progeCAD Site; (2) progeCAD has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) progeCAD is not responsible or liable for any loss or damage incurred or alleged to be caused by your use of or reliance on any content, products, or services available on third party web sites.
The progeCAD Site contains functions for you to provide files, data, media, orders, graphics, text or other information to progeCAD (User Materials). You hereby grant progeCAD the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials and to incorporate them in other works in any form, media, or technology now known or later developed. You agree not to provide progeCAD with any User Materials that are confidential.
For detailed information regarding progeCAD use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy Policy.
progeCAD will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when progeCAD products or services might seem similar to ideas submitted to progeCAD. Please do not send your unsolicited ideas or any original materials to progeCAD or anyone at progeCAD.
progeCAD may terminate this Agreement at any time with or without cause. You agree that progeCAD, in its sole discretion, may terminate your access to all or a portion of the progeCAD Site, cancel any orders you have placed for products or services via the E-Store, and remove and discard any User Materials or Customer Information within the progeCAD Site, for any reason, including lack of use, or if progeCAD believes that you have violated this Agreement. You agree that any termination of your access to the progeCAD Site may be effected without prior notice. Should you object to any provision of this Agreement, your only recourse is to cancel your account by sending a request to info@progecad.us.
In consideration of your use of the progeCAD Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify progeCAD of any unauthorized use of your account or any other breach of security.
You agree that you will not:
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE progeCAD END USER LICENSE AGREEMENT, THE progeCAD SITE AND PRODUCTS OFFERED THROUGH THE progeCAD SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY. progeCAD AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE progeCAD SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL progeCAD, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE progeCAD SITE OR ANY PRODUCTS OFFERED THROUGH THE progeCAD SITE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF progeCAD FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold progeCAD and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the progeCAD Site, any User Materials you submit or transmit, any product received through the progeCAD Site, or any violation of this Agreement or the rights of others.
progeCAD respects the intellectual property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), progeCAD has designated an agent to receive notifications of alleged copyright infringement. If you believe that your copyrighted work is being infringed, please notify our copyright agent:
When notifying us of alleged infringement, please include: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material and information reasonably sufficient to locate it; (d) your contact information including address and email; (e) a statement of good faith belief that use of the material is not authorized; and (f) a statement that the information in the notification is accurate, under penalty of perjury.
All notices to progeCAD shall be in writing and made via e-mail to info@progecad.us. Notice shall be deemed given 48 hours after the e-mail is sent.
The person who downloads any trial software from progeCAD automatically subscribes to the progeCAD Newsletter, which will be sent from time to time with news and product information. Each progeCAD Newsletter contains an unsubscribe function that can be used at any time.
All direct online sales (with the exception of Italy) are managed by Cleverbridge (Cleverbridge AG Terms and Conditions). All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor. Prices listed through the progeCAD Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges.
progeCAD may at any time modify, update, or otherwise change the provisions of this Agreement. Your continued use of the progeCAD Site following the posting of any modification to this Agreement will be deemed acceptance of that modification. This Agreement was last modified on February 23, 2015.
Entire Agreement. This Agreement, and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and progeCAD with respect to the progeCAD Site and purchases made via the E-Store.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the remaining provisions.
Applicable Law. This agreement is subject to applicable Swiss laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the courts residing in Switzerland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Acknowledgment. You acknowledge that you have read and understand this Agreement, and that the Agreement has the same force and effect as a signed agreement.