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Support Terms and Conditions

Your entitlement to receive any level of technical support services, is subject to the terms and conditions set out below (the “Support Agreement”).  Capitalized terms used and not otherwise defined in these Support Terms and Conditions shall have the meaning assigned to them in Your Autodesk License and Services Agreement or Autodesk Maintenance Plan or Autodesk Subscription Agreement, as applicable.

1. DEFINITIONS

 “Autodesk”: Autodesk, Inc., a Delaware corporation, except that if, You acquire Your Support in (a) a country in Europe, Africa or the Middle East, “Autodesk” means Autodesk Development Sàrl or (b) a country in Asia, Oceania or the Asia-Pacific region, “Autodesk” means Autodesk Asia Pte Ltd.

“Autodesk Account” :  the websites located at  https://accounts.autodesk.com other designated Autodesk location where You can access and reference Your account information and Benefits, or any successor or other websites or locations as may be designated by Autodesk for Autodesk Support.

"Autodesk License and Services Agreement": the standard software license agreement or license and services agreement, as applicable, between You and Autodesk, Inc., Autodesk Development Sarl or Autodesk Asia Pte Ltd. (as applicable) included with or as part of the download or install, or otherwise governing each copy of Covered Software, and granting You a license to Install and Access that copy of Covered Software.

“Autodesk Maintenance Plan”: the standard Autodesk maintenance plan agreement, between You and Autodesk, that governs Your entitlement to receive maintenance plan benefits (including but not limited to Support) related to Covered Software.

“Autodesk Subscription Agreement”:  the standard Autodesk subscription agreement, between You and Autodesk, that governs Your entitelment to receive subscription benefits (including but not limited to, Support) related to Covered Software, or the standard Autodesk 360 Terms of Service, between You and Autodesk, included with or otherwise governing Your access to and use of Covered Services (and including, but not limited to, Your entitlement to receive Support) (as applicable).

“Covered Service”:  an Autodesk software as a service offering for which You have purchased  a standalone Support offering or are otherwise entitled to Support pursuant to Your Autodesk Subscription Agreement, as listed on Your order confirmation or License Identification, as applicable.  For purposes of this Support Agreement only, Covered Service shall also include any software that is provided in connection with Your Covered Service.

“Covered Software”: the Autodesk software program for which You have purchased a standalone Support or are otherwise entitled to receive Support pursuant to Your Autodesk Maintenance Plan or Autodesk Subscription Agreement (as applicable), as listed on Your order confirmation or License Identification, as applicable.  Any supplemental software code (which may include modular additions or extensions to Covered Software, hotfixes, executables, libraries, plug-ins, enhancements or other software functionality which supplements or enhances that Covered Software), provided to You as part of Support Benefits is deemed to be part of the version of Covered Software for which such code was provided unless otherwise specified by Autodesk.

“Customer Information Form”: the form (whether written or electronic), if applicable, which is either (1) completed by You and submitted to a reseller or to Autodesk, or (2) completed by a reseller on Your behalf using information provided by You to that reseller and submitted to Autodesk, in connection with Your order for Support, and providing the information necessary to purchase Support.

“Effective Date”: the date described in Section 4.1.

“Support”: means the program offered generally by Autodesk under which Autodesk may provide (among other things) technical support services and related benefits for a Covered Service or Covered Software.   There are different levels of Support offering, depending on the level You have purchased or are otherwise entitled to.

 “Support Benefits”: those Support offering benefits described on Autodesk Account corresponding to the level or type of Support offering purchased by You, or to which You are otherwise entitled.  Support Benefits may include (among other things) web-based and/or telephonic technical support services and access to support-related forums and content.  Support Benefits may vary based on the related Covered Service or Covered Software and Territory.

“Support Fee”: the fee paid by You for Support.

“Support User”: qualified individuals who are authorized by You to Submit Support Requests and access Support Benefits on Your behalf.  Eligibility of an individual to be a Support User shall be determined in accordance with Autodesk’s policies pertaining to specific Support or Autodesk Maintenance Plans or Autodesk Subscription Agreements (as applicable).

“Term”: the time periods (initial and renewal) defined in Sections 3.2 and 4.1.

“Territory”: the country, countries or jurisdiction(s) specified in the License Identification, or (b) if there is no such License Identification, or no country or jurisdiction is specified in the License Identification, means the country in which You acquire Support.  If the License Identification specifies, or You acquire Support in, a member country of the European Union or the European Free Trade Association, “Territory” means all the countries of the European Union and the European Free Trade Association.

“You” or “Your”: the company or other legal entity on behalf of which Support is acquired, if Support is acquired on behalf of such an entity (e.g., by an employee, independent contractor, or other authorized representative), or if there is no such entity, the individual who acquires Support for the individual’s own account.  For clarification, “You” refers only to a single, specifically identified legal entity or individual, and does not include any subsidiary or affiliate of any such legal entity or individual or any other related person.

2.  SUPPORT BENEFITS 

2.1  Support Benefits. During the Term, You will be entitled to, and Autodesk will provide You with, the Support Benefits specified and made available by Autodesk in the Territory for the level or type of Support offering You have purchased or are otherwise entitled to. Certain Support Benefits may include rights and obligations in addition to or different from those set forth in this Agreement.  Those Support Benefits are subject to the Autodesk terms applicable therefor (“Support Benefits Terms”), which Support Benefits Terms are set forth on or accessible from Autodesk Account. You agree that if You request, accept, or make use of any Support Benefit, You will be bound by the Support Benefits Terms applicable to that Support Benefit, as they may be modified from time to time by Autodesk by notice in writing provided in accordance with this Agreement or in accordance with the applicable Support Benefits Terms (and such terms, as so modified from time to time, are a part of and incorporated by reference into this Agreement), and You agree to comply with such Support Benefits Terms.  You acknowledge that Autodesk may require a further acceptance of such Support Benefits Terms as a condition to using or accessing any particular Support Benefits.

2.2  Language of Support Benefits.  Support Benefits are provided in English, though Autodesk will attempt to honor Support Benefits requests in local language when available.

2.3  Exclusions from Support Benefits.  Autodesk is not obliged to provide Support Benefits in circumstances resulting from:

(a) operation of the Computer used to access the Covered Service or Covered Software in environmental conditions outside those prescribed by the Computer manufacturer;

(b) operation of the Covered Service or Covered Software with third party software and/or hardware other than that specified by Autodesk in any applicable system requirements and/or documentation;

(c) failure to maintain the Computer from which which Covered Service or Covered Software are accessed in accordance with standards prescribed by the Computer manufacturer;

(d) failure to ensure that Your personnel and staff are fully trained in the use and operation of Covered Service or Covered Software;

(e) Your Computer hardware failing to meet the minimum specification prescribed by Autodesk to access the Covered Service or Covered Software;

(f) accessing the Covered Service or Covered Software using third party software, firmware, and/or hardware, other than third party operating system software specified by Autodesk; or

(g) use and access of the Covered Service or Covered Software other than in accordance with the applicable Autodesk Subscription Agreement or Autodesk License and Services Agreement, as applicable.

2.4  Conditions of Support Benefits. As a condition to Your entitlement to receive Support Benefits You must:

(a) ensure that Your Support Users submit Support Benefit requests in accordance with this Support Agreement;

(b) ensure that You or Your Support Users provide Autodesk with such information, specifications, or other information as may reasonably be required by Autodesk in order to provide Support Benefits;

(c) utilize the instructions and troubleshooting procedures provided by Autodesk, where applicable, prior to initiating a Support Benefit request;

(d) follow any problem determination, problem analysis, and service request procedures that Autodesk provides;

(e) follow all guidance provided by Autodesk for Support Benefit requests related to proper use of Covered Service features;

(f) provide Support Users with the latest Documentation available from Autodesk for the applicable Covered Service or Covered Software.

2.5  Delivery of Support Benefits; Scope of Use.  Support Benefits for Covered Service or Covered Software, as applicable, shall be provided to You by Autodesk only via Support Users.  Delivery of Support Benefits by Autodesk shall be governed exclusively by this Support Agreement.  You acknowledge and agree that Support Benefits are provided solely for Your internal use to support You and Your Support Users’ access to and use of the Covered Service or Covered Software, as applicable.  You further acknowledge and agree the Support Benefits may not facilitate Your achievement of the results You desire within Your design constraints.

2.6  Modification of Support Benefits.  Autodesk reserves the right at its discretion to change any Support Benefits (including any supplemental terms and conditions applicable thereto) or to add any Support Benefits to, or remove any Support Benefits from, any Support offering from time to time, without prior notification to You.

3.  PURCHASES; RENEWALS

3.1  Purchases. When You purchase or otherwise become entitled to Support for a Covered Service or Covered Software, Autodesk will provide You with instructions on how to access such Support on Autodesk Account.

3.2  Renewals.  If You purchased standalone Support, then prior to expiration of Your Support Term, if made generally available for sale by Autodesk in Your country You may purchase a renewal of Support for an additional term (“Renewal Term”) from a reseller, distributor or Autodesk, as applicable.  If You have elected an automatic renewal plan, each auto renewal will be a Renewal Term. Unless otherwise agreed by Autodesk, if You do not purchase a renewal for Your Support prior to expiration of the Term or if You cancel Your automatic renewal, this Support Agreement and Your entitlement to receive Support Benefits will automatically expire.     

 4.  TERM AND TERMINATION

4.1  Effective Date; Term.  The Effective Date for commencement of this Support Agreement and Your Support Benefits will be the date as determined by Autodesk in accordance with its Support policies for entering Your Support offering purchase or other entitlement into the Autodesk systems.  Renewal Terms of Support shall commence on an anniversary of the Effective Date. If You purchased standalone Support, the Initial Term of Your Support will continue for one (1) month, three (3) months (also known as “Quarterly”) or one (1), two (2) or three (3) years from the Effective Date, depending on the length of term for which You qualify, select and purchase. Renewal Terms of Your standalone Support will continue for one (1) month, three (3) months (also known as “Quarterly”) or one (1), two (2) or three (3) years from the anniversary of the Effective Date immediately following the end of the Initial Term or the immediately preceding Renewal Term (as the case may be), depending on the length of Renewal Term which You select and purchase. Autodesk will endeavor to confirm Your purchase within 48 hours after the Effective Date or relevant anniversary of the Effective Date (as the case may be). If You are entitled to Support as a benefit of an Autodesk Maintenance Plan or Autodesk Subscription Agreement the Term of Your Support shall be the term of that Autodesk Maintenance Plan or Autodesk Subscription Agreement.

4.2   Termination. Each of Autodesk or You may terminate this Support Agreement, if the other party is in breach and fails to cure such breach within ten (10) days after written notice of the breach. In addition, Autodesk may, as an alternative to termination, suspend Your access to Support Benefits, and/or other Autodesk obligations or Your rights under this Support Agreement, if You fail to make a payment for Support or the Covered Services or Covered Software to which it relates to Autodesk or a distributor or reseller authorized directly or indirectly by Autodesk or otherwise fail to comply with the provisions of this Support Agreement.  Autodesk may also terminate this Agreement if You become subject to bankruptcy proceedings, become insolvent, or make an arrangement with Your creditors.  Autodesk may terminate or modify this Agreement if the continued provision of Support Benefits to You or Your Support Users is prohibited by applicable law or as otherwise required by applicable law.  This Support Agreement will terminate automatically without further notice or action by Autodesk if You go into liquidation or if You attempt to transfer this Support Agreement or any Benefit without the prior written consent of Autodesk. You may terminate this Support Agreement at any time, with or without cause, effective upon notice of termination provided that (except in the event of termination as a result of a modification of this Support Agreement in accordance with Section 7.9 below) under no circumstances will You be entitled to a refund for any fees paid or credit against fees due in connection with Support. 

4.2  Effect of Termination.  Upon any termination or expiration of Your Support for any reason, this  Support Agreement and all rights and Support Benefit entitlements granted hereunder will terminate and You and Your Support Users must immediately cease all use of and/or access to  all Support Benefits.  Upon termination Autodesk shall have the right to immediately deactivate Your account(s) and cease access to Support Benefits, and Autodesk reserves the right to require You to show satisfactory proof that all Support Benefits have been uninstalled or otherwise are no longer in use or being accessed.

5.  CONFIDENTIALITY. 

5.1  Definition of Confidential Information and Exclusions.  For purposes of this Support Agreement only, “Confidential Information” shall mean information, that is disclosed in written, oral, electronic, visual or other form by either party (each, as a “Disclosing Party”) to the other party (each, as a “Receiving Party”) during the Term, either (i) marked or designated as “confidential” or “proprietary” at the time of disclosure or (ii) disclosed under circumstance under which it ought to be treated as confidential by Receiving Party, and shall be limited solely to Autodesk technical information regarding the Covered Software or Covered Service that is disclosed by Autodesk to You in connection with the delivery of Support Benefits under this Support Agreement and the contents of Your Support requests and any files and related information submitted therewith by You to Autodesk in connection with requesting and receiving Support Benefits under this Support Agreement.  Confidential Information shall not include information that from and after the date of disclosure: (i) is or becomes a matter of public knowledge through no fault of the Receiving Party; or (ii) was rightfully in the Receiving Party’s possession prior to receipt from the Disclosing Party free of any obligation of confidence, as shown by Receiving Party’s written records; or (iii) was rightfully disclosed to Receiving Party by another person without restriction as to use or disclosure; or (iv) is independently developed by Receiving Party without use of or reference to Disclosing Party’s Confidential Information as shown by Receiving Party’s written records. 

5.2  Obligations with Respect to Confidential Information.  Receiving Party agrees to protect the Confidential Information by using the same degree of care as Receiving Party uses to protect its own confidential or proprietary information (but not less than a reasonable degree of care): (i) to prevent the unauthorized use, dissemination or publication of the Confidential Information, (ii) not to divulge Confidential Information to any third party, (iii) not to make any use of such Confidential Information except as necessary to perform its obligations or exercise its rights under this Support Agreement (the “Support Purpose”), (iv) not to copy except as reasonably required in direct support of the Support Purpose, and any copies made will include appropriate marking identifying same as constituting or containing Confidential Information of the Disclosing Party; and (v) not to reverse engineer any such Confidential Information. Receiving Party shall limit the use of and access to the Disclosing Party’s Confidential Information to Receiving Party’s employees and the employees of Receiving Party’s respective parent, subsidiaries and affiliated entities or authorized representatives who have a need to know and have been notified that such information is Confidential Information to be used solely for the Support Purpose; and have entered into binding confidentiality obligations no less protective of Disclosing Party than those contained in this Support Agreement. Receiving Party may disclose Confidential Information pursuant to any statutory or regulatory authority or court order, provided Disclosing Party is given prompt prior written notice of such requirement and the scope of such disclosure is limited to the extent possible. The obligations of Receiving Party regarding use and disclosure of the Confidential Information shall survive any termination or expiration of this Support Agreement for a period of three (3) years after the Support Agreement expiration date or termination date.

5.3  Ownership of Confidential Information.  All Confidential Information remains the property of the Disclosing Party.  Receiving Party acquires no rights or licenses in the intellectual property of Disclosing Party including but not limited to, patents, trademarks, copyrights or service marks under this Support Agreement or through any disclosure hereunder, except the limited right to use such Confidential Information in accordance with this Support Agreement.

6.  LIMITATION OF LIABILITY; NO WARRANTIES

6.1  Limitation of Liability.  IN NO EVENT WILL AUTODESK BE LIABLE FOR FAILURE TO MAKE OR MAKE COMMERCIALLY AVAILABLE ANY SUPPORT BENEFITS DURING THE TERM OF YOUR SUPPORT. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY).  IN ADDITION, THE LIABILITY OF AUTODESK ARISING OUT OF OR RELATING TO THIS SUPPORT AGREEMENT WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO AUTODESK OR THE RESELLER FOR THE SUPPORT BENEFITS IN CONNECTION WITH WHICH THE CLAIM ARISES.  THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT IN THE CASE OF STANDALONE SUPPORT PURCHASED BY YOU THE SUPPORT FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk Maintenance Plan or Autodesk Subscription Agreement  or Autodesk License and Services Agreement.

6.2  No Warranties; No High Risk Use.  TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING SUPPORT OR ANY SUPPORT BENEFIT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT:

(A) SUPPORT BY AUTODESK WILL ENSURE ACCESS TO AND USE OF COVERED SOFTWARE OR COVERED SERVICES WILL BE ERROR FREE OR UNINTERRUPTED;

(B) ERRORS WILL BE CORRECTED SUCCESSFULLY BY AUTODESK;

(C) AUTODESK WILL RESOLVE ANY SUPPORT REQUEST; OR

(D) THAT ANY WORKAROUND, GUIDANCE OR SOLUTION PROPOSED IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. 

NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED NOTWITHSTANDING A CONTRACTUAL RESTRICTION TO THE CONTRARY. NO HIGH RISK USE.  NONE OF THE SUPPORT BENEFITS ARE FAULT-TOLERANT, NOR ARE THEY GUARANTEED TO BE ERROR FREE OR TO OPERATE UNINTERRUPTED, NOR ARE THEY LICENSED OR OTHERWISE MADE AVAILABLE TO YOU FOR HIGH RISK USE. “HIGH RISK USE” EXISTS WHEN IT IS REASONABLY FORESEEABLE THAT FAILURE OF ANY SUPPORT BENEFIT USED BY YOU COULD CAUSE DEATH OR SERIOUS BODILY INJURY OF ANY PERSON OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

7.  GENERAL

7.1  Governing Law.  This Support Agreement will be governed by and construed in accordance with the laws of (a) Switzerland if You acquired Support in a country in Europe, Africa or the Middle East, (b) Singapore if You acquired Support in a country in Asia, Oceania or the Asia-Pacific region, or (c) the State of California (and, to the extent controlling, the federal laws of the United States) if You acquired Support in a country in the Americas (including the Caribbean) or any other country not specified in this Section 8.1.  The laws of such jurisdictions shall govern without reference to the conflicts-of-laws rules thereof.  The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) this Support Agreement.  In addition, each party agrees that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco, except that if You acquired Support in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore.  Nothing in the foregoing will prevent Autodesk from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.

7.2  Force Majeure. Autodesk will not be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from acts of God, supplier delay or other causes beyond Autodesk’s reasonable control.

7.3  Assignment; Waiver; SubcontractorsAffiliates.  You may not assign this Support Agreement or any rights hereunder (whether by purchase of stock or assets, merger, change of control, operation of law, or otherwise) without Autodesk's prior written consent, which may be withheld in Autodesk's sole and absolute discretion, and any purported assignment by You will be void.  In the context of any bankruptcy or similar proceeding, this Support Agreement is and will be treated as an executory contract of the type described by Section 365(c)(1) of Title 11 of the United States Code and may not be assigned without Autodesk's prior written consent, which may be withheld in Autodesk's sole and absolute discretion.  You acknowledge and agree that Autodesk may assign or sub-contract any of its rights or obligations under this Support Agreement, including, without limitation, delivering Support Benefits, provided that Autodesk will remain subject to the obligations of Autodesk under this Support Agreement.  You also agree that Autodesk’s subcontractors may enforce (including taking actions for breach of) this Support Agreement.  No term or provision of this Support Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against which the waiver is asserted.  No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.

7.4  United States Export Controls.  You acknowledge that all Support Benefits are subject to the export control laws and regulations of the United States (“U.S.”) and You will abide by those laws and regulations.  Under U.S. export control laws and regulations, Support Benefits may not be downloaded, accessed, received or otherwise exported, re-exported, or transferred to restricted countries, to restricted end users or for restricted end uses.  You represent, warrant and covenant that neither You nor Your personnel or Support Users (a) are located in, or a resident or a national of, a restricted country; (b) are on any of the U.S. government lists of restricted end users; and (c) will, unless otherwise authorized under U.S. export control regulations, use Support Benefits in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications.  You understand that the requirements and restrictions of U.S. law as applicable to You may vary depending on those Support Benefits received and may change over time, and that, to determine the precise controls applicable to those Support Benefits it is necessary to refer to the U.S. Export Administration Regulations and the U.S. Department of Treasury, Office of Foreign Assets Control Regulations.

7.5  Entire Agreement; Severability. This Support Agreement and any other terms referenced in this Support Agreement (such as the Autodesk Maintenance Plan or Autodesk Subscription Agreement or Autodesk License and Services Agreement (if/where applicable), and the Support Benefits Terms) constitute the entire agreement between the parties (and merge and supersede any prior or contemporaneous agreements, discussions, communications, representations, warranties, advertising or understandings) with respect to the subject matter hereof.  The parties acknowledge that, in entering into this Agreement, they are not relying on any agreements, discussions, communications, agreements, representations, warranties, advertising or understandings other than as expressly set forth in this Agreement.  You acknowledge and agree that Autodesk may add to or change the terms of this Support Agreement or the Support Benefits Terms from time to time, provided that Autodesk will provide written notice of the additions or changes before the additions or changes are effective as to You. Terms stipulated by You in any communication which purport to vary this Support Agreement or any Support Benefits Terms will be void and of no effect unless agreed in a writing signed by an authorized representative of Autodesk.  Any other modifications to this Agreement will also be invalid unless agreed to in a writing signed by an authorized representative of Autodesk.  If a court of competent jurisdiction determines in a final non-appealable judgment that any provision of these terms and conditions is unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of these terms and conditions will remain in full force and effect.

7.6  Notices. Notices from Autodesk shall be in writing and may be sent by electronic mail or posted to Autodesk Account or Your Autodesk user account or any other method that Autodesk reasonably determines will provide appropriate notice. You may not opt out of receiving such notices. Notices from You shall be in writing and may be sent by electronic mail to contractual.notification@autodesk.com.  Notices from Autodesk to You shall be effective (i) in the case of notices by email when sent to the email address set out on Your Customer Information Form (or, if no Customer Information Form or email address is provided, to any other email address known or made available to Autodesk by You or on Your behalf) or (ii) in the case of postings to Autodesk Account or other methods deemed reasonable by Autodesk, ten (10) Business Days after such notices are posted to Autodesk Account or sent in the manner reasonably determined by Autodesk.    Notices from You to Autodesk shall be effective when received by Autodesk.

7.7  Privacy; Use of Information.  You acknowledge and agree on behalf of You and Your Support Users that You (and third parties acting on Your behalf) may provide, and Autodesk and its resellers (and third parties acting on behalf of Autodesk and its resellers) may obtain, certain information and data with respect to You and Your Support Users (including, without limitation, personal information) and Your business or the business of Your Support Users in connection with this Support Agreement, including, without limitation, information and data provided to or obtained by Autodesk and its resellers (or third parties acting on behalf of Autodesk and its resellers) through the Customer Information Form and otherwise, and/or in connection with ordering, registration, activation, updating, validating entitlement to, auditing, monitoring Installation of and access to Support Benefits, and managing the relationship with You.  You hereby consent to Autodesk maintaining, using, storing and disclosing such information and data (including, without limitation, personal information, if any) in conformity with Autodesk’s policies on privacy and data protection, as such policies may be updated from time to time, including without limitation Autodesk’s Privacy Policy, as currently located at: http://autodesk.com/privacy. Without limitation of the generality of the foregoing, You acknowledge and agree that: (a) Autodesk may from time to time prompt You and/or Your Support Users (and third parties acting on Your behalf or on behalf of Your Support Users) to provide express agreement to the terms of Autodesk’s Privacy Statement and/or express agreement to specific uses of information and data (including, without limitation, personal information); (b) Autodesk may provide information and data, including, without limitation, information and data about Your use of all/any Support Benefits, to resellers, Autodesk affiliates and other third parties in connection with the provision, maintenance, administration or usage of Support Benefits, or in connection with enforcement of any agreements relating to any Support Benefits; and (c) Autodesk may make cross-border transfers of such information and data, including to jurisdictions with privacy or data protection laws that are less protective of Your information and data than the jurisdiction in which You are resident or domiciled.  You acknowledge and agree that such policies may be changed from time to time by Autodesk and that, effective upon posting on Autodesk’s website or other written notice from Autodesk, You will be subject to such changes.

7.8  Survival. Sections 1, 2.6, 3, 4.2, 5, 6 and 7  of this Support Agreement shall survive termination of all or any of Your Support.

7.9  Revised Terms and Conditions. Autodesk may revise this Support Agreement and/or any Support Benefits Terms at any time and will notify You of any such revision.  Notification may occur via email, be posted on Autodesk Account or may occur in any other manner deemed reasonable by Autodesk.  If You do not accept said revisions, You must notify Autodesk in writing (in accordance with Section 7.6) within thirty (30) days of the date of Autodesk’s notification to You.  If You do so notify Autodesk, Your existing Support and related Support Benefits will continue to be governed by the last Support Agreement and associated Support Benefits Terms that You accepted (including any deemed acceptances) until the end of Your then current Support Term (if You have paid all applicable fees for the entire Term) , and at the end of such Term, Your Support Agreement shall expire; if You have not paid all applicable fees for the entire Term then Your Support Agreement will end at the end of the period for which You have paid the applicable fees.  If You do not so notify Autodesk, or if You place new orders for, or renew Your Support Benefits or continue to pay Your annual or other periodic Support Fees (if applicable), You will be deemed to have accepted such revisions for all Your Support Benefits. Notwithstanding the foregoing, in the event Autodesk revises this Support Agreement, You will not be entitled to any additional benefits or services offered thereunder absent the payment to Autodesk or resellers of the appropriate fee related to said revision, if any.

7.10.  Language.  The English language version of this Support Agreement is legally binding in case of any inconsistencies between the English version and any translations.  If You purchased Support in Canada, You agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise.