Terms of Use

Welcome to Hexagon Software, a website owned and operated by Hexagon Software LLC, A Washington Limited Liability Company, for purposes of promoting and marketing Hexagon Software (collectively “Hexagon”, “Hexagon Software”, “us”, or “we”). By using this site you accept that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement").

We reserve the right to modify Hexagon Software services, products and this site for any reason, and without notice, without liability to you, any other user or any third party. We also reserve the right to modify these Terms of Use from time to time without notice. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.

These Terms of Use and any other policies of the Company posted by us on this website or elsewhere, constitute the entire agreement between you and Hexagon Software regarding the use of this website, superseding any prior agreements between you and Hexagon Software relating to your use of this website. The failure of Hexagon Software to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Eligibility

You represent and warrant that you are at least 18 years of age if a resident of the United States of America (19 years of age if a resident of any country or territory not part of the United States of America) and that all registration information, profile and other personal and/or business information that you submit to Hexagon Software is truthful and accurate. You acknowledge that some areas of this site may contain material, graphics, content or links to other sites over which Hexagon has no control and for which Hexagon shall not be liable. You agree that you will update all personal and/or business, and account information as necessary to keep it accurate. If you misrepresent your age or your authority, we may terminate your Hexagon Software account and/or access or use of this site at any time without warning, and without liability. You are solely responsible for maintaining the security and confidentiality of your password and other member account information, if applicable. You agree not to permit others to use your password or other member account information, and you agree to notify Hexagon Software immediately of any unauthorized use of that information. Hexagon Software will not be responsible for any loss or damage arising out of the unauthorized use of your password or other member account information; and you agree to indemnify and hold harmless Hexagon Software, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You further represent and warrant that your use of Hexagon’s services and this website will not violate any applicable law or regulation.

Privacy

Use of Hexagon Software services and this website is also governed by our Privacy Policy.

Additional Terms

You hereby agree that you will not use this website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. Other examples of illegal or unauthorized uses include, but are not limited to:

  • modifying, adapting, translating, or reverse engineering any portion of any Hexagon Software service or product or this website;
  • submitting false or misleading information;
  • using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Hexagon Software service or data contained within or submitted to this website;
  • creating user accounts by automated means or under false or fraudulent pretenses;
  • creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with other users’ use of this website and any Hexagon Software services or products;
  • transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes;

Affiliated Sites

Hexagon Software has no control over, and no liability for any third party websites, content or materials. Hexagon Software works with a number of partners and affiliates whose internet sites may be linked with us. We make no guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of Hexagon Software, you may have access to content owned by third parties. You acknowledge and agree that Hexagon Software makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

Disputes

By using this website, you agree that if there is any dispute about or involving the website or Hexagon Software, you agree that the dispute shall be governed by the laws of the State of Washington without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, King County.

Disclaimers

Hexagon Software is not responsible for any incorrect or inaccurate content posted on the website or in connection with the products and/or services offered by Hexagon Software.

Hexagon Software further disclaims any and all responsibility and liability for the conduct of any user of this website. Hexagon Software assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Under no circumstances shall Hexagon Software be responsible for any loss or damage, including personal injury or death, resulting from use of this website, attendance at any Hexagon Software event, from any content posted on or through the Hexagon Software’s website, or from the conduct of any users of the Hexagon Software website, products or services, whether online or offline. Use of this website and its content is provided "AS-IS" and as available and Hexagon Software expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hexagon Software cannot guarantee and does not promise any specific results from use of the Hexagon Software services or products or this website. YOU AGREE THAT YOUR USE OF THE HEXAGON SOFTWARE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

U.S. Export Controls

Software available in connection with the Hexagon Software Services (the "Software") is further subject to United States export controls. No Software may be downloaded from this website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any data, code or programs from this website is at your sole risk.

Limitation on Liability

IN NO EVENT SHALL HEXAGON SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR DATA OR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF HEXAGON SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEXAGON SOFTWARE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO EITHER THE AMOUNT PAID, IF ANY, BY YOU TO HEXAGON SOFTWARE FOR USE OF THE HEXAGON SOFTWARE WEBSITE OR $25.00, WHICHEVER IS LESS.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HEXAGON SOFTWARE, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF HEXAGON SOFTWARE IN VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

Other

This Agreement is accepted upon your use of the Hexagon Software Website or any of the Hexagon Software services or products. This Agreement constitutes the entire agreement between you and Hexagon Software regarding the use of the website. The failure of Hexagon Software to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Hexagon Software is a trademark of Hexagon Software LLC. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact Us

If you have any questions about this Terms of Use Agreement, please contact us at the following email address:

info@hexsw.com