Welcome to COMSOL Access, a service offered to you by COMSOL AB and its corporate affiliates (collectively, “COMSOL”). By clicking “I Agree” you are agreeing to these terms and conditions for your COMSOL Access membership (the “Agreement”). Certain products and services obtained via COMSOL Access (for example, COMSOL software programs and support therefor) are governed by other terms and conditions that are provided in conjunction with such products and/or services and are not governed by this Agreement. In the event of any conflict between those other terms and conditions and this Agreement, those other terms and conditions shall take precedence.

1. Service. COMSOL Access provides you with a platform to communicate effectively with COMSOL, as well as your colleagues within the multiphysics simulation community and to gain access to technical support and downloads of the latest COMSOL software releases, as well as example models and applications, tools to manage your organization’s COMSOL licenses, and the ability to share your comments and work with other users of the COMSOL software through the discussion forum, and Application Exchange. COMSOL Access also allows you to register for the COMSOL Conference and manage your COMSOL Conference schedule. Through COMSOL Access we will keep you up to date with the latest COMSOL information and inform you about COMSOL events. We reserve the right to alter the benefits that come with COMSOL Access membership from time to time.

2. Registration Information. When registering for COMSOL Access, you agree to provide your complete and truthful information for all fields requested on your COMSOL Access account registration page. You also agree to maintain the accuracy of all information associated with you on your COMSOL Access account.

3. Account Control. You agree to maintain your COMSOL Access account for use solely by you, not to share your username and password with anyone else, and to take appropriate precautions to restrict access to your username and password from others. Furthermore, you agree not to submit any information relating to your employer through your COMSOL Access account without your employer’s authorization. Should you use a COMSOL Access account associated with an employer, you agree to immediately discontinue using that account upon termination of that employment.

4. Website Moderation. COMSOL Access moderators will remove any generally objectionable material as quickly as possible and may ban from any forum a contributor of objectionable content. You acknowledge that all posts, comments, document uploads, and private messages express the views and opinions of the material’s author and not the administrators and moderators of COMSOL Access, or COMSOL Inc. Hence, neither the moderators nor COMSOL will be held liable.

5. Conduct.

   a. You agree not to post or link to any material that is abusive, obscene, vulgar, slanderous, hateful, threatening, sexually oriented, or that infringes upon or violates any third-party rights or any other material that may violate any applicable laws. You agree that you will not otherwise use your COMSOL Access account to violate or to assist anyone in violating any law. Engaging in any activity in violation of these COMSOL Access rules and guidelines may lead to you being immediately and permanently banned from COMSOL Access forums. The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator, and moderators of the forums have the right to remove, move, or close any topic at any time as they see fit. As a user of COMSOL Access, you agree to any information you have entered into any of the forums being stored in a database.

   b. You agree that you will not use your COMSOL Access account in violation of any applicable export control laws. You represent and warrant that you are not subject to any comprehensive sanction or embargo by the U.S. or any other country, nor are you identified on any list maintained by the U.S. government that identifies persons for which the U.S. maintains restrictions. Further, you represent and warrant that you are not subject to any restriction on the receipt of technology or products under the export control laws of the U.S. or any other country.

   c. You also agree to the following conduct rules:

   • Flaming: Do not post any messages that harass, insult, belittle, threaten, or flame another member or guest. Debates are fine, but argue with the point, not the person.
   • Trolling: Do not post with the purpose of starting a dispute. Note that a person disagreeing with your opinion is not considered trolling; keep it civil, even if you are sure that the other person is wrong. Anything seen as trolling will result in you being banned.
   • Spamming: Posts without content or containing nonsense waste space and everyone's time. Spam will be removed from the forum.
   • Offensive Posts, Links or Images: Do not use profanity, racial, ethnic, religious, or other slurs or any other offensive material.
   • Advertising: Posting of advertisements for products or services, links to auctions, affiliate links, links to promote websites, and so forth is not allowed.
   • Disclosure of Personal Information: Do not disclose any other member's email, real name, address, phone number, IP address, or other personal information. This includes posting contents of emails and private messages without the sender's consent. Do not bring personal disputes into the forums. Bans and warnings issued to other users are considered personal information.
   • Misleading Titles: The subject line of the post should be as informative as possible about the content of the post. This also reduces the amount of duplicate posts.
   • Thread Hijacking: Taking a thread off-topic to pursue one's own agenda is not permitted.
   • Piracy: Do not upload, post, email, transmit, or otherwise make available any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party. This includes COMSOL model files created by a forged or illegitimate license or license not under subscription.
   • Honesty: Users must provide truthful information in creating their COMSOL Access account.
     
     

   d. When posting, or commenting in COMSOL Access, understand that you are trying to communicate with other people. You agree to follow the following guidelines:

   • Be respectful of fellow COMSOL Access community members.
   • Be concise and articulate as much as possible.
   • Check for spelling/grammar mistakes.
   • Use the Enter key to create paragraphs.
   • Capitalize correctly. It is difficult to read posts that are written entirely in uppercase or lowercase.
     • Posting in all capital letters is often equivalent to “shouting”--avoid doing so.
   • Use correct punctuation. Avoid run-on sentences.
   • Avoid using “text speak”, “net speak”, or slang.
   • Never invent acronyms and use as few acronyms as possible. For example, write "COMSOL Multiphysics" and not "CMP".
   • Review your comment or post for typos before publishing.
     
     

   e. Guidelines specific to the COMSOL Forum:

   • Write in English. Posts in other languages will be deleted.
   • If you are familiar with LaTeX, please use this to write mathematical equations. Read the LaTeX Guide.
   • Use Markdown to format your text and headings. Read the Markdown Guide.
   • Format your post in a legible manner. Use the Preview button often.
   • Please check to see if a topic has already been posted. Do not post multiple threads on the same topic.
     
     

   f. Comments on blog posts, Application Exchange entries, and replies to Forum posts will be made available to the author of the original material. Additionally your response is available for view on the external website. Private messages sent through the Forum are available to the user they are sent to. Messages sent privately through the forum may be accessed by COMSOL staff if flagged for SPAM or abuse.

6. Use of Your Personal Data. Delivering the benefits described in this Agreement requires use of your personal data. The COMSOL Access service also involves delivering certain information to you, although you are free to limit that information. How COMSOL uses your personal data and how you can control that use is described in COMSOL’s Privacy Policy. Content that you publish through COMSOL’s public forums will remain publicly available unless and until you request its removal and supply sufficient information to enable such removal.

7. Content License. By submitting content to the COMSOL Website via COMSOL Access or otherwise, you hereby grant COMSOL a nonexclusive, royalty-free, perpetual, worldwide, and unrestricted license to reproduce, publicly display, publicly distribute, and prepare derivative works of the content. COMSOL hereby grants you a license to copy and/or use content from the forums solely for your own internal purposes. COMSOL provides COMSOL Access services for the benefit of our users to share content with the community.

8. Disclaimer of Warranties/Limitation of Liability.

   a. ALL CONTENT AND SERVICES PROVIDED THROUGH COMSOL ACCESS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, DESIGN, OPERATION, AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SERVICES IS WITH YOU.

   b. UNDER NO CIRCUMSTANCES SHALL COMSOL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR USE OF THE CONTENT AND SERVICES PROVIDED THROUGH YOUR COMSOL ACCESS MEMBERSHIP, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM THIRD PARTY CLAIMS, LOSS OF PROFITS, LOSS OF DATA, INVASION OF PRIVACY, FAILURE TO MEET ANY DUTY SUCH AS GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR ANY OTHER LOSS, EVEN IF COMSOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Choice of Law/Forum. This Agreement shall be governed by and construed in accordance with the laws of the Sweden, without regard to conflicts of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce in Stockholm, Sweden, and you consent to personal jurisdiction therein.

10. Entire Agreement. This Agreement and the applicable Addenda hereto (if relevant) constitute the entire agreement concerning the subject matter thereof, except insofar as other products and/or services obtained through COMSOL Access have separate terms and conditions that are provided when accessing such products and/or services. All prior, contemporaneous, and subsequent proposals, agreements, representations, and understandings concerning such subject matter are hereby superseded. If you are a governmental user in a jurisdiction where contractors are legally required to comply with applicable laws in order to deliver content or services to that user’s governmental unit or entity, then we shall comply with such laws, provided that we are informed in writing of any such requirements in advance, provided that such requirements do not conflict with any other laws applicable to our business operations, and provided further that this provision may not be used to change the nature, scope, or duration of the rights you receive under this Agreement.

11. Changes in terms and conditions. This Agreement is subject to change by COMSOL. We will notify you of any such changes by contacting you at the email address you have provided in your registration information. Except as expressly provided herein, this Agreement may not be changed.

12. Termination. We may terminate your COMSOL Access membership if you breach this Agreement and have not cured such breach within ten (10) business days following notice to the email address you have provided in your registration information. COMSOL also reserves the right to disable your COMSOL Access account until such time as any breach has been cured, in COMSOL’s sole discretion. Repetitive breaches by you are subject to immediate termination, in COMSOL’s sole discretion. COMSOL reserves the right to terminate inactive accounts at any time, without notice. You may terminate this agreement and your membership by sending an email notifying us of such termination to privacy@comsol.com. In the event of a termination of this Agreement, Sections 6, 7, 8, 9, and 10 shall survive termination.

COMSOL Conference Addendum

This is an Addendum to the COMSOL Access Member Agreement (the “Agreement”) and the terms and conditions of this Addendum are incorporated therein. This COMSOL Conference Addendum applies to the registration for and/or attendance at any COMSOL Conference. Your registration for and/or attendance at any COMSOL Conference is governed by the Agreement, as modified by the provisions below, each of which shall be deemed to be material provisions of the Agreement.

1. Services. On the date(s) indicated in the registration form, COMSOL AB and/or any applicable subsidiaries or affiliates of COMSOL AB (“we”, “us”, “our”) and our partners shall conduct a COMSOL Conference (the “Conference”). All services rendered by us and our partners at the Conference shall be referred to as the “Services.”

2. Fees. The fees due to us for your attendance at the Conference are specified on the web page containing the registration form. Hotel rates and incidental charges are payable separately to any hotel that you may be utilizing.

3. Seats. Attendance at the Conference is limited. Space is filled in the order in which registrations are completed, except that no seat in the Conference will be confirmed until payment of the applicable fees is received or a formal purchase order reflecting the applicable fees has been received and processed by us.

4. Cancellations/Refunds. All fees for the Conference are fully refundable, provided that you send us written notification by e-mail to the e-mail address we have published on the registration web page for the Conference program chair or Conference registrar (with the word “Cancellation” in the subject line) of your cancellation and that we receive such notification on or before fourteen (14) business days prior to the scheduled start of the Conference. If we do not receive such written notification prior to that time, you will be charged the full amount of the Conference fee. However, you may send a substitute person to attend a Conference in your place at no additional charge. In the event that we are unable to conduct any Conference as scheduled, we will refund all fees that you have paid for such Conference. Hotel cancellations and refunds are subject to the hotel’s policies.

5. Use of Software. At the Conference, you may be provided with a trial license for one or more COMSOL software programs (“Programs”) for use during the Conference and any limited trial period thereafter as we may specify in writing. Use of such copies of the Programs are limited to the Conference you attend and any other applicable trial period and is otherwise subject to the COMSOL Software License Agreement that is presented upon installation of the Programs.

6. Proprietary Rights. During the Conference, you may be provided with certain proprietary materials, including, but not limited to, proceedings of the Conference, a Conference program, and course materials (collectively, the “Conference Materials”). All right, title, and interest in and to any and all copyrights, patents, trademarks, trade secrets, and/or other proprietary rights relating to the Conference Materials shall remain with us and our licensors, and all such rights are reserved to us and our licensors. Without limiting the foregoing, the reproduction, distribution, public display, public performance, or modification of the Conference Materials is expressly prohibited without prior written permission from us. You are allowed to use the Conference Materials in order to train and educate yourself with respect to the Programs. No other use (including any commercial use) of the Conference Materials is permitted. All materials distributed by Conference sponsors are subject to the sponsors’ rights and may be subject to their terms and conditions. Any materials that you may submit in connection with the Conference shall be governed by a separate agreement.

7. Name, Image, Voice, and Likeness. You may be given a name tag at the Conference displaying your name and place of work or educational institution. The Conference may be recorded by various means including photographs and audiovisual recordings. You consent to appearing in such photographs, audiovisual recordings, and other recordings of the Conference, including but not limited to any live stream and/or broadcast of the Conference. You consent to the use by us and our parents, subsidiaries, and affiliates, and each of their contractors and agents and others acting on their behalves, of your name, image, voice, and likeness in materials published electronically and in print, and by live stream and/or broadcast via any medium, worldwide perpetually, for any purpose, and royalty-free, with no right of prior review or approval.

8. DISCLAIMER OF WARRANTIES. THE SERVICES AND CONFERENCE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED OF SUCH A PURPOSE) AND WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND CONFERENCE MATERIALS IS WITH YOU.

9. Limitation Of Liability. IN NO EVENT SHALL WE OR OUR LICENSORS, PARTNERS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CLAIMS AND LOSS OF PROFITS, DATA, OR ANY OTHER LOSS, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, E.G., WE ARE UNABLE TO REMEDY ANY DEFECT IN THE PROGRAMS. IN ANY EVENT, OUR AND THEIR MAXIMUM LOSS, REGARDLESS OF ANY ACT OR OMISSION OF OURS OR ANYONE UNDER OUR DIRECTION OR CONTROL, SHALL NOT IN TOTAL EXCEED THE AGGREGATE AMOUNT PAID TO US IN THE SIX-MONTH PERIOD PRECEDING YOUR CLAIM(S), AND FOR SUCH PURPOSES, ALL CLAIMS SHALL BE AGGREGATED. The remedies against us and our licensors, contractors, and suppliers expressly provided herein are exclusive and are in lieu of any other remedies at law or in equity. The fees and limitations of liability and remedies herein reflect the allocation of risk between the parties. This section is an essential element of the basis of the bargain between the parties.

10. Indemnification. You agree to indemnify us, and our parents, subsidiaries, affiliates, and sponsors, and each of our and their officers, directors, employees, agents, shareholders, and attorneys from and against any and all claims, demands, debts, actions, causes of action, liabilities, and attorneys’ fees arising out of any damage caused by you to the facilities where the Conference is held.

11. Taxes. You shall be liable for any taxes (except those on our net income) due in connection with this Agreement.

12. Term and Termination. This COMSOL Conference Addendum shall terminate upon completion of the Conference or upon our receipt of a properly sent cancellation notice under Section 4, except that Sections 4, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 16 shall survive termination.

13. Miscellaneous. A breach of any provision of this Agreement may only be waived in writing and the waiver of such breach shall not operate or be construed as a waiver of any subsequent breach. If any of the terms and conditions of this Agreement should, for any reason, be held invalid or unenforceable in any respect, the remainder of this Agreement shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of laws principles. The parties agree that neither the U.N. Convention on Contracts for the International Sale of Goods nor the provisions of the Uniform Computer Information Transaction Act (“UCITA”) as adopted or as may be adopted by any state shall apply or govern this Agreement or the relationship of the parties hereto. To the extent UCITA may be deemed applicable, the parties agree to opt out of its applicability pursuant to the opt out provisions contained therein. The parties consent to the exclusive personal jurisdiction of the state and federal courts in the Commonwealth of Massachusetts if there is any dispute between them. You may not bring any action against us or our licensors more than two (2) years after the cause of action accrued.

14. Entire Agreement. This COMSOL Conference Addendum, together with the COMSOL Access Member Agreement, contains the entire understanding of the parties with respect to the subject matter, and supersedes all prior, contemporaneous, and subsequent proposals, agreements, representations, and understandings, with the exception of the COMSOL Software License Agreement, which shall govern the use of any software made available during the Conference, and the terms of any agreement governing materials that you may submit to us for use in connection with the Conference, including but not limited to the Permission to Publish agreement and/or the Publication Notice. This Agreement may not be changed except as provided herein in a writing signed by you and us. No purchase order or any other standardized business form issued by you, and even if such purchase order or other standardized business form provides that it takes precedence over any other agreement between the parties, shall be effective to contradict, modify, add to or delete from the terms of this Agreement in any manner whatsoever. Any acknowledgment, in any form, of any such purchase order or standardized business form is not recognized as a subsequent writing and will not act as acceptance of such terms.

15. Export Controls/Travel. You represent and warrant that your attendance and participation in the Conference, including any use by you of the Conference Materials and the Programs (containing U.S. and European origin technology) shall not violate the export control laws of the U.S. or any other country. If requested, you agree to provide documentation regarding your residency and identity. Your ability to travel to the Conference country and location is solely your responsibility, and we are under no obligation to provide you with any documentation that you may need to undertake such travel. As a general policy, COMSOL does not issue personalized invitations for visa purposes. If you have paid fees to attend the Conference but are unable to attend without such documentation, you may request a refund by following the procedure in Section 4, Cancellations/Refunds.

16. Authorization. In the event that your attendance is being paid by your employer, you represent and warrant that you are duly authorized to consent to this Agreement on behalf of your employer and that the consent you give below is made on behalf of yourself and your employer. In such instances, the words “you” and “your,” as used herein, shall refer to yourself and any such employer.