Welcome to the Bentley Systems, Incorporated ("Bentley") Web site (the "Web site"). If you are a subscriber to Bentley's SELECT Program (a SELECT Subscriber”) and have signed a written program agreement, then that agreement, together with any applicable end user license agreement, and the following terms and conditions (the “Terms”) govern your use of the Web site and any information, documents, products, software, graphics and services ("Materials") which you download. For SELECT Subscribers, the following Terms are considered the SELECT Online Agreement referenced in the SELECT Program agreement. For ETS Subscribers, the following Terms are considered the OnDemand eLearning Training Agreement and govern your use of the ETS Resource Center. Otherwise, for those who do not fit into any of the foregoing categories, these Terms control your use of this Web site. Your agreement to follow and be bound by these Terms is a condition precedent to your use of this Web site and, if you are a SELECT Subscriber, SELECT Online. By accessing, using or downloading Materials from this Web site, you agree to these Terms. If you do not agree with these Terms, please do not use this Web site or SELECT Online.
USE OF WEBSITE MATERIALS
General: You may view, download, print, and copy documents and graphics from this Web site subject to the following guidelines:
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All Materials viewed, downloaded, printed and copied from the Web site are for your internal, non-commercial use only and shall not be copied or posted on any network computer, bulletin boards, used on a timeshare or service bureau basis or used in any other type of media;
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The Materials may not be modified in any way; and
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The copyright notice must appear on all copied Materials.
Except as expressly stated above, you may not:
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Otherwise reproduce any of the Materials; or
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Resell or distribute copies of Web site Materials in any form without Bentley's prior written permission; or
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Publicly display any of the Materials; or
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Create any derivative works based upon the Materials.
Requests to reprint Materials should be sent to: marketing@bentley.com
You may not access, use, download or export any Materials contained on this Web site in violation of the U.S. export laws or regulations or in violation of any local laws or regulations.
Software: Any software made available for downloading from the Web site is the copyrighted work of Bentley and/or respective third party providers. Your use of the software is governed by the terms of the end user license agreement, which accompanies or is included with the software (“License Agreement”), as may be modified or supplemented by an applicable SELECT Program agreement. You shall not install any software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement. Any copying, reproduction or redistribution outside the scope of the License Agreement is expressly prohibited. All rights, title and interest not expressly granted are reserved.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
DISCLAIMER OF WARRANTIES AND LIABILITY
Use this Web site and any Materials contained in it at your own risk. Due to numerous possible sources of information available through this Web site, and the inherent uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. Reliance upon any information on this Web site is at your own risk. You are solely responsible for any loss of data or damage to your computer system resulting from use of this Web site. In states where exclusion of damages is specifically prohibited, you agree that Bentley liability, if any, is limited to, and will not exceed, fifty dollars ($50).
DISCLAIMER OF WARRANTY: UNLESS EXPLICITLY STATED OTHERWISE, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS." BENTLEY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BENTLEY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. BENTLEY MAKES NO WARRANTY OR REPRESENTATION THAT THE WEB SITE, MATERIALS OR SERVICES OFFERED ON THIS WEB SITE WILL MEET ANY OF YOUR REQUIREMENTS OR WILL OPERATE UNINTERRUPTED, SECURE OR ERROR FREE.
LIMITATION OF LIABILITY: BENTLEY IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE MATERIALS ON THIS WEBSITE. BENTLEY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF BENTLEY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HOLD BENTLEY HARMLESS FROM, AND YOU AGREE NOT TO SUE BENTLEY FOR, ANY CLAIMS ARISING FROM YOUR USE OF THIS WEB SITE OR THE MATERIALS OR THE SERVICES PROVIDED THROUGH THIS WEB SITE.
LOCAL LAWS; EXPORT CONTROL
Bentley controls and operates this Website from its headquarters in various locations in the United States and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.
Unless explicitly stated otherwise, all marketing or promotional Materials found on this Website are directed only to individuals, companies or other entities located in the United States.
The Materials are subject to United States export control laws, regulations and requirements. You agree, regardless of any disclosure made by you to Bentley concerning the ultimate destination of any Materials, that you must not export or transfer, whether directly or indirectly, the Materials, or any portion thereof, or any system containing such Materials or any portion thereof, to anyone outside the United States without first complying strictly and fully with all export controls that may be imposed on the Materials by the United States Government or any country or organization of nations within whose jurisdiction you use the Materials. The countries subject to restriction by action of the United States Government are subject to change, and it is your responsibility to comply with the United States Government requirements as they may be amended from time to time. and assume sole responsibility for obtaining licenses to export or reexport as may be required. You shall indemnify, defend and hold Bentley harmless for any breach of its obligations pursuant to this section.
RESTRICTED RIGHTS
The services provided on this Web site and any associated software or documentation is provided with restricted rights and are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to 48 C.F.R. 12.212 and 227.7202, and "restricted computer software" pursuant to 48 C.F.R. 52.227-19(a), as applicable. Use, modification, reproduction, release, performance, display or disclosure of the software and accompanying documentation by the U.S. Government are subject to restrictions as set forth in this Agreement and pursuant to 48 C.F.R. 12.212, 52.227-19, 227.7202, and 1852.227-86, as applicable. Contractor/Manufacturer is Bentley Systems, Incorporated, 685 Stockton Drive, Exton, PA 19341-0678.
INJUNCTIVE RELIEF
You acknowledge that any use of the services provided on this Web site contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or Materials related to the services provided on this Web site may cause irreparable injury to Bentley, its affiliates, suppliers and any other party authorized by Bentley to resell, distribute, or promote the services provided on this Web site (“Resellers”), and under such circumstances, Bentley, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
THIRD PARTY CONTENT DISCLAIMER
Bentley has not independently authenticated Materials provided by third party providers in whole or in part. Bentley does not provide, sell, license or lease any of the Materials other than those specifically identified as being provided by Bentley. Bentley makes no warranty or representation with respect to any third party Materials.
THIRD PARTY LINKS
Bentley's Website may be linked to other websites that Bentley does not control or maintain. Bentley provides this service as a convenience only.
DISCLAIMER
"Links" may direct Subscriber to third party Internet sites, or other electronic links, that are unaffiliated with Bentley (the "Third Party Sites"). Bentley does not endorse the Third Party Sites, nor does Bentley guarantee the accuracy of, nor make any representations relating to, any of the information which may be found on the Third Party Sites. Links to Third Party Sites, if present on "Links", are provided for the convenience of you the audience. Bentley does not grant you any rights relating to the Third Party Sites.
MISCELLANEOUS
This Agreement and your use of the Web site, Materials and Services provided on this Web site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, exclusive of its choice of law provisions. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Chester County, Pennsylvania and the Eastern District of Pennsylvania.
Failure by either party to exercise any of its rights under or to enforce any provision of this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. The provisions of this Agreement shall be deemed to be separable and the invalidity of any provision hereof shall not affect the validity of the remainder of this Agreement.