Terms of Use for SKF Engineering Software on Demand

SKF Engineering Software on Demand

These Terms of Use for SKF Engineering Software on Demand (“SKF ESoD”) (“Terms of Use”) regulate the use of SKF ESoD made available via our software partner (the “Software Partner”).

By accessing, saving, copying, modifying, making available and/or otherwise using SKF ESoD, the company (“You”) that you act as a representative for agree to be bound by these Terms of Use. If You do not agree to be bound by these Terms of Use the SKF ESoD should be made unavailable for You.

The SKF ESoD made available under these Terms of Use include access to product data and descriptions as well as formulas, all hosted and owned by SKF, for calculating results. All of the data, description and formulas accessible through SKF ESoD is protected by intellectual property rights including copyrights belonging to SKF and/or its licensors. Any rights not explicitly granted to you in these Terms of Use remains the exclusive rights of SKF.

Limited License for Commercial Use

What you can do:
SKF grants you a non-exclusive, non-transferable, royalty free, worldwide license to use the SKF ESoD for selection and calculation of any bearing in the SKF provided assortment within the software provided by our Software Partner (the “License”). The License is limited to use in the software provided by our Software Partner.

What you may not do:
The License does not permit You to:
  • relicense (or sub-license) SKF ESoD or make it available to any third party
  • change, modify or alter SKF data and results other than what is set forth under the heading “what you can do”,
  • use SKF ESoD (especially images) in relation to the presentation or calculation of products from other brands,
  • incorporate SKF ESoD into trademarks or logos,
  • make SKF ESoD available for access outside software provided by our Software Partner,
  • make SKF ESoD extractable from the software provided by our Software Partner,
  • use SKF ESoD in any way that causes, or may cause, damage to SKF ESoD or impairment of the availability or accessibility of SKF ESoD,
  • use SKF ESoD: (a) in any way that is unlawful, illegal, fraudulent or harmful; or (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity,
  • use SKF ESoD for use to reverse engineer any bearing related parameters or SKF specific bearing formulae nor for SKF branded bearings or others
  • violate any export control restrictions in Your use of the SKF ESoD,
  • make any copy, translate, disassemble, decompile, reverse engineer, or otherwise modify (except as is provided by mandatory law), the ESoD,
  • transmit or upload any data that is unlawful, abusive, harassing, defamatory or otherwise invasive of another’s persons privacy,
  • infringe any third parties’ rights,
  • interfere or disrupt any SKF software system used in the provision of the ESoD,
  • violate applicable laws or these Terms of Use, or
  • take any other action not set out under the heading “What you can do”.
Availability
SKF will provide the SKF ESoD from the date when you register for an SKF ESoD account until these Terms of Use are terminated. SKF will make the SKF ESoD available to You through the Software Partner’s software. SKF will use industry practice security technologies in providing the SKF ESoD to You. The SKF ESoD may not be available at all times. SKF will however strive towards having a high availability. SKF will engage sub-suppliers in the delivery of the ESoD. SKF is entitled to limit the availability of the SKF ESoD to perform maintenance and update and/or upgrade the SKF ESoD. SKF may also limit the availability of the SKF ESoD if it is necessary due to technical or security reasons.

Your Responsibilities
You will be responsible for any and all connections between You and the Software Partner including to have necessary software and equipment to be able to use the SKF ESoD.

If You breach any of the undertakings under these Terms of Use a) SKF shall have the right to terminate these Terms of Use and your access to SKF ESoD for cause, and b) You shall defend and hold harmless SKF against any and all costs, losses and/or damages arising out of, or relating to, the violation of any of the above mentioned undertakings including infringement of intellectual property rights of a third party whereas such indemnification is conditioned upon SKF’s timely notice to You of any such claim and You having the right to fully control the defense of such claim.

No Warranty
There is no warranty, express or implied, in relation to the SKF ESoD. The SKF ESoD is licensed on an “as is” basis. SKF does not warrant the correctness of the data, non-infringement, availability to the SKF ESoD and/or any results originating from the SKF ESoD nor any other features as set out in the SKF ESoD. SKF and any of its affiliates liability under these Terms of Use shall in no event exceed 10 000 EUR.

AB SKF, nor any of its affiliates, will be liable for any claims, incidental, consequential or other damages arising out of or in connection with the use under the License or these Terms of Use, or any third parties’ usage of or reliance upon, the SKF ESoD. Thus, You will indemnify AB SKF and any of its affiliates from and against any and all claims resulting from the use under the License or these Terms of Use.

Miscellaneous
SKF shall have the right to make updates and upgrades to the SKF ESoD.

SKF reserves the right to make changes, updates and/or additions to these Terms of Use. Changes, updates and/or additions will be made available via the software provided by our Software Partner and will become effective for any SKF ESoD made available under these Terms of Use upon publication. Your continued use of the SKF ESoD will constitute an acceptance of such changes, updates and/or additions.

Termination
SKF may terminate these Terms of Use and/or the access to SKF ESoD), a) with three (3) months written notice to the email address provided to SKF), or b) immediately if SKF finds, in its reasonable opinion, that you are in breach of these Terms of Use or if SKF’s partnership with the Software Provider is terminated.

Governing Law and Arbitration
These Terms of Use will be governed by the laws of the country in which the SKF Company making the SKF ESoD available to you  is registered and any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce where the seat of arbitration shall be Gothenburg.
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