THESE TERMS OF SALE (“TOS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DASSAULT SYSTEMES AMERICAS CORP., A DELAWARE CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT 10330 DAVID TAYLOR DRIVE, CHARLOTTE, NORTH CAROLINA 28262 UNITED STATES OF AMERICA (“WE”, “OUR” OR “US”) FOR YOUR PURCHASE OF THE PRODUCTS REFLECTED IN YOUR ORDER.

PLEASE READ THEM CAREFULLY.

PRIOR TO YOUR PURCHASE AND BEFORE SUBMITTING YOUR ORDER:

1. YOU MUST HAVE READ AND ACCEPTED THE TERMS OF USE OF OUR SITE;
2. YOU MUST HAVE READ AND ACCEPTED THESE TERMS OF SALE;
3. YOU MUST HAVE READ AND ACCEPTED THE TERMS OF THE END-USER LICENSE AGREEMENT ATTACHED TO THE PRODUCT YOU PURCHASE.

BY SUBMITTING YOUR ORDER TO US:

1. YOU SIGNIFY THAT YOU HAVE READ AND ACCEPTED ALL THE ABOVE AGREEMENTS BETWEEN DASSAULT SYSTEMES AND YOU;
2. YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM; AND
3. YOU AGREE THAT THE DOUBLE-CLICK PROCESS (“CHECK OUT” and PLACE ORDER”) FOR THE SUBMISSION OF YOUR ORDER SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE OF THIS AGREEMENT.

IF YOU DO NOT WISH TO ACCEPT THESE TOS, YOU SHOULD NOT ORDER ANY PRODUCTS THROUGH OUR SITE.

THE SOFTWARE MAY NOT BE USED UNTIL WE HAVE PROVIDED YOU WITH THE CODES NEEDED TO ENABLE SUCH USE. PLEASE NOTE THAT WE WILL PROVIDE YOU WITH SUCH CODES UPON RECEIVING DULY PROOF THAT YOU MEET THE CONDITIONS FOR PURCHASING THE SOFTWARE.

1. SCOPE OF THE TERMS AND CONDITIONS OF SALE

The following TOS apply between Dassault Systèmes and any student that visits the website www.3ds.com (the “Site”) and purchases products therefrom (“DS Products”) for his/her own personal use (“You” or “Your”).

These TOS may be modified periodically by Dassault Systèmes and this will be reflected by the “Date Last Modified” below.

2. PURCHASES ON THE SITE

2.1 Requirements for placing orders

By submitting an order, You hereby warrant and represent that:

(a) You are a student (proof of your student status will be needed before You can use the Software);

(b) You are at least 18 years of age or You have parental or guardian consent to visit and use the Site;

(c) You have the legal right or parental or guardian consent to purchase DS Products;

(d) You are not prohibited from receiving products and services under the laws of any applicable jurisdiction; and

(e) All the information provided is true and accurate.

2.2 Registration – Password

In order to personalize Your environment, before You first purchase a DS Product via Our Site, You will be required to create a free account and provide a login and a password. The registration process is described in the Terms of Use of the Site and how we collect, use and disclose your personal information is described in the Privacy Policy of the Site.

Should You loose Your password, You may click on the link “Forgot your password?” and the system will help You to create a new password after having performed the necessary identity and security checks.

2.3 Product description

We attempt to be as accurate as possible in describing Our DS Products.

However, any photos, pictures, designs or other material illustrating DS Products are provided for Your convenience and for information purposes only and may not be legally binding.

Differences between DS Products and such pictures, photos or designs do not in any event affect the essential characteristics of the DS Products.

2.4 Purchase order – Confirmation – Acceptance

Placing an order is a fast and simple process. You simply need to have an account and be logged in to proceed through checkout.

First, select Your DS Product and place it into Your Shopping Basket.

Then identify Yourself, finalize the order and proceed through Our online payment process, which implies Your acceptance of the TOS and the applicable end-user license agreement for the specific DS Product You want to purchase (“License Agreement”).

Before submitting Your order, You will be given an opportunity to review and confirm Your order (order process instructions are indicated on the Site).

Your order is not complete until You click the “Place Order” button, through the double-click process (“Check Out”, “Place Order”) provided on the Site.

Once You have so confirmed Your order by clicking on the “Place Order” button, Your order is complete and may not be cancelled or changed.

You will receive an order confirmation from Us by e-mail. This order confirmation will constitute Our acceptance of Your order.

2.5 Pricing terms

Prices displayed on the DS Products description pages of the Site are in US dollars and may not include all applicable taxes which may be levied on the transaction depending on the location/country/state in which You reside. Such taxes, if any, are added at the last stage of the ordering process, and thereby brought to your attention before You confirm Your order. You are responsible for paying any sales, use, value-added or other taxes imposed on your purchases.

The applicable price for Your order shall be that displayed on the Site on the date of Your order when You are required to confirm Your order.

2.6 Invoice / Payment terms

Payment of the price of the DS Product shall be made at the time You place Your order, via the Site. You may pay for DS Products by credit card (Visa, MasterCard, American Express).

Credit cards issued by financial institutions located outside of the USA must be international credit cards or debit cards.

We will issue an invoice in relation to Your purchase of the DS Product upon delivery of the DS Product in accordance with Article 2.7 below. We shall send You such invoice to Your e-mail address indicated in Your registration form. You shall be responsible for keeping hard copies of the invoices We issue.

2.7 Delivery

Delivery of Our DS Products is exclusively made through electronic downloading from Our Site. You pay no shipping charges and Your Product is delivered electronically.

You will be able to download the Software once We confirm proof of Your student status. You may provide Us with such proof by uploading a copy of Your student ID card directly on the Site (either a digital picture of Your Student ID or of Your most recent Report Card K-12 if applicable, or of the current semester/school year Student ID, or of the registration receipt for the current semester, or of a letter of enrollment on school letterhead for the current year will be acceptable as proof of your student status). Please be aware that shall You fail to provide Us with such proof within ten (10) days from Our acceptance of Your order pursuant to the section “2.4 Purchase order – Confirmation – Acceptance” above, We reserve the right to cancel Your purchase such as provided below.

In order to download the DS Product You have purchased, simply follow the directions given on the Site after Your payment and go to the “Download” area. Then, follow the instructions in order notably to request the license codes necessary to use the Software. The order confirmation You receive will also include instructions for You to download the Software.

If You experience any problem while downloading, please contact Us for assistance. Risk of loss and title for all electronically delivered purchases pass to You upon electronic transmission to You.

You will be able to start using the Software once You have received the appropriate requested codes.

If You do not meet all the requirements set forth in these Terms of Sale, We reserve the right to cancel Your purchase. In the event of any such cancellation, We will make reasonable commercial effort to agree to reimburse You the full purchase price paid within thirty (30) days from such cancellation.

2.8 Warning

THS SOFTWARE MAY NOT BE USED UNTIL YOU HAVE OBTAINED THE RELEVANT CODES FROM US ENABLING SUCH USE. RECEIVING SUCH CODES IS SUBJECT TO YOUR PROOF TO US OF YOUR STUDENT STATUS.

3. ELECTRONIC COMMUNICATIONS – ARCHIVING

Any electronic information stored on Our servers in reasonable conditions of security and confidentiality shall be deemed sufficient proof of communications, purchase orders, and payment between You and Us.

We shall comply with Our archiving obligations pursuant to applicable law and shall store a copy of all information provided when creating Your personal account and purchasing DS Products on the Site using secure and reliable means in order to ensure that such copies are faithful.

4. TERMS OF USE AND SEVERABILITY

We provide Our Products to You subject to these TOS, Our Terms of Use and the License Agreement, and Your order and purchase are also subject to those terms which are incorporated herein.

In the event of a conflict between Our Terms of Use or Privacy Policy and these TOS, these TOS will take precedence over other terms.

If any part, term or provision of these terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.

5. APPLICABLE LAW AND JURISDICTION

These TOS shall be in all respects governed and construed according to the laws of The Commonwealth of Massachussetts, without regard to any conflict of laws principles.The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

Any dispute arising out of or relating in any way to Your visit to the Site or to Your purchases of Our products shall be submitted to the exclusive jurisdiction of the courts of The Commonwealth of Massachussetts or the United States District Court for the District of Massachussetts.

6. COMMENTS AND SUGGESTIONS

You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin any content.

7. IDENTIFICATION

The site www.3ds.com belongs to:

Dassault Systèmes S.A., a French corporation ("société anonyme")
9 quai Marcel Dassault
F-92150 Suresnes

Registered with the Nanterre Commercial Register ("Registre du commerce et des sociétés de Nanterre") under the number B 322 306 440
VAT number: FR 52 322 306 440

You may contact us by clicking on the following link.

Date Last Modified
These TOS were last modified on December 21th 2007.

Copyright 2007 Dassault Systèmes. All rights reserved.