BY CLICKING "Accept & Continue" OR ACCESSING THE SERVICE, YOU ACCEPT THE TERMS OF THIS AGREEMENT.
Definitions. The following words shall have the following meanings:
- Internal Operations means the non-commercial use of the Service by Users who are faculty or academic staff (a "Faculty User") or enrolled students ("Student User") for, in the case of a Faculty User, scoring and analyzing students' programming coursework as described in the program documentation, currently available at https://www.mathworks.com/help/coursework; and, in the case of a Student User, meeting classroom requirements of a Faculty User.
- Service. A service provided by MathWorks that allows Users to access an application composed of certain MathWorks proprietary products and other Content. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, access through, or contribute to the Service.
- License Grant. Subject to the terms of this Agreement, MathWorks grants you a personal, nonexclusive, nontransferable, limited and temporary license to access and use the Service for Internal Operations only (the "License"). Any other use is expressly prohibited by this Agreement. You acknowledge that the Content and any other aspects of the Service may change from time to time. If you are a Faculty User, your License hereunder shall expire when you no longer have a MATLAB License with Software Maintenance Service. If you are a Student User, your License hereunder shall expire when your Faculty User no longer has a MATLAB License with Software Maintenance Service, or when your participation ceases in the applicable course or study offered by your Faculty User, whichever is earlier. You may use the Service on any computer, provided that all such access is in accordance with the terms of this Agreement. MathWorks and its licensors reserve all rights not expressly granted in and to the Service.
Access to and Use of Service.
You agree not to:
- copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Service unless explicitly permitted by MathWorks.;
- adapt, translate, copy, or convert all or any part of the Service in order to create another service or software, a principal purpose of which is to perform the same or similar functions as the Service, or to replace any component of the Service;
- rent, lease, time share, or loan access to the Service;
- disassemble, or reverse engineer the Service, or any portion thereof, or attempt to gain access to any method of operation or source code contained therein;
- alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices included within the Service;
- republish any of the documentation provided within the Service;
- use the Service to sell or market your products or services to others; and/or
- use the Service to upload, post, email or otherwise transmit any "spam" or "junk mail".
- The Service may contain links to third party websites that are not owned or controlled by MathWorks. MathWorks assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the Service, you expressly release MathWorks from any and all liability arising from your use of any third party website.
- In order to access the Service, you will need a MathWorks Account. You may not use another's MathWorks Account, or allow any third party to use your MathWorks Account. When creating your MathWorks Account, you must provide current, accurate and complete information. You are solely responsible for the activity that occurs under your MathWorks Account, and for keeping your MathWorks Account login information secure. You must notify MathWorks immediately of any breach of security or unauthorized use of your MathWorks Account.
- When using the Service, you agree that you will not violate any applicable laws or regulations. You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service. You agree not to use the Service in any manner that could damage, disable, overburden or impair any MathWorks systems, interfere with any other party's use of the Service, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Service or other accounts.
- You agree not to:
Guidelines for Submission and Use of Content.
- You represent and warrant that you are the owner of any Content submitted by you, or that you control the rights to or have received all necessary consents to submit, such Content. Content that you submit must not violate or infringe on any patent, copyright, other intellectual property right, or any other right of any third party. You understand that you, and not MathWorks, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. You understand and agree that MathWorks may retain server copies of your Content that have been removed or deleted.
- Content that you submit must not (a) infringe or violate any copyright, trademark, or other right of a third party; (b) be libelous, defamatory, abusive, threatening, harassing, offensive, or otherwise violate any law; (c) contain any advertising or promotional material of any kind; (d) be malicious or destructive in nature, or contain a virus, Trojan horse, worm, or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information; or (e) contain any personal information (information that may identify an individual, such as name, email, physical address, etc.) except in the case of use of the Service by a Faculty User to invite his/her students to access the Service in connection with a course or study offered by such Faculty User, in a manner which may be accessed only by the relevant Student User.
- You are solely responsible for compliance with any applicable export control laws and regulations (some examples: missiles, UAVs, satellites, military articles, and some types of encryption) with regard to Content that you submit, use, download, import, export or re-export.
- All Content accessed through the Service may only be used with MathWorks products. You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.
- MathWorks has no obligation to monitor, screen, edit or review the Content. However, MathWorks reserves the right, in its sole discretion, for any reason and at any time, to refuse to post any Content or remove any Content from the Service.
- The Service contains Content posted by persons other than those employed by MathWorks. MathWorks does not control the Content posted by visitors to the Service and does not guarantee the accuracy, integrity, or quality of any Content. Views expressed on the Service by Users of the Service are not endorsed by MathWorks. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MathWorks be liable in any way for any Content, whether or not authored by MathWorks, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content available via any link or any Content posted, e-mailed, transmitted or otherwise made available via the Service.
- Guidelines for Submission and Use of Content.
- Termination. If you breach any of the terms of this Agreement, your authorization to use the Service automatically terminates. MathWorks reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Service in its sole discretion. MathWorks reserves the right to discontinue any aspect, or all aspects, of the Service at any time. MathWorks may terminate this Agreement, effective immediately upon notice to you, at any time and for any reason. You understand that the Service will no longer be accessible at the termination or expiration of your License and that all right and interest in and to the Service granted to you shall revert to MathWorks.
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by MathWorks without restriction.
- You agree that your use of the Service shall be at your sole risk. You assume total responsibility and risk for your use of the Service. The Service, including without limitation any information that is provided by MathWorks or MathWorks employees, is provided "as is". To the fullest extent permitted by law, MathWorks, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Service and your use thereof. MathWorks makes no warranties or representations about the accuracy or completeness of the Service's Content or the content of any sites linked from the Service, and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of MathWorks' servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any loss of data or loss of any kind incurred as a result of your use of the Service. It is your responsibility to evaluate the accuracy and completeness of all Content accessed from the Service.
- In no event shall MathWorks, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Service, whether based on warranty, contract, tort or any other legal theory, and whether or not MathWorks is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MathWorks with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless MathWorks, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from: (i) your use of and access to the Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; and (iv) any claim that your Content caused damage to a third party. This indemnification obligation shall survive this Agreement and your use of the Service.
- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent, to enter into this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use this Service.
- This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions, and you consent to the jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The parties agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein.
- This Agreement, and any other terms, policies or documents incorporated herein by reference, contain the entire understanding between you and MathWorks. This Agreement supersedes, and its terms govern, all prior proposals, agreements or other communications between the parties, oral or written, regarding such subject matter. This Agreement may be modified by MathWorks at any time, and for any reason, and shall be binding upon both parties upon MathWorks' posting of the updated Agreement within the Service.
- Notices to MathWorks under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: The MathWorks, Inc., Attention: Legal Services, 3 Apple Hill Drive, Natick, Massachusetts 01760. Notices to you may be made via posting within the Service, by e-mail, or by regular mail, in MathWorks' discretion.
Claims of Copyright Infringement
If you believe your work has been copied in a way that constitutes infringement and appears within the Service, please provide the following information in writing to MathWorks' Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located within the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Upon receiving your notification containing the information listed above, MathWorks shall (1) remove or disable access to the material alleged to be infringing; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If you have received notice from MathWorks that material you have posted is alleged to be infringing and believe that such material is the wrongful subject of a copyright takedown notice, you may file a counter notification with MathWorks by providing the following information in writing to MathWorks' Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
- Your electronic or physical signature;
- A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which MathWorks may be found, and that you will accept service of process from the person who provided the infringement notification, or an agent of such person.
- Upon receiving a counter notification containing the information listed above, MathWorks shall (1) promptly provide the complaining party with a copy of the counter notification; (2) inform that complaining party that MathWorks will replace the removed material or cease disabling access to it within ten (10) business days; and (3) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter notification, provided MathWorks' Copyright Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the allegedly infringing material accessible on MATLAB Central.
- MathWorks Copyright Agent
- If you believe your work has been copied in a way that constitutes infringement and appears within the Service, please provide the following information in writing to MathWorks' Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
Copyright Agent/Legal Services
The MathWorks, Inc.
3 Apple Hill Drive
Natick, MA 01760