Below are the terms and conditions governing the Autodesk InfoCare to Subscription offer.
I. Introduction
These InfoCare to Subscription Trade-in Offer Terms and Conditions (“Offer Terms”) govern a conditional offer under which customers with fixed licenses on active maintenance, unexpired floating subscriptions or floating licenses on active maintenance are eligible to trade in their current qualifying offerings in exchange for either one or two single user subscriptions per existing qualifying offering seat. These Offer Terms apply only to the subject matter of the offer described herein. Capitalized terms used but not defined in these Offer Terms shall have the meaning given to those terms in the Autodesk Terms of Use linked below (the “Terms of Use”), and Your new single user subscriptions likewise will be governed by those terms.
Terms of Use: https://www.autodesk.com/company/terms-of-use/en/general-terms
Please note that these Offer Terms include three distinct paths, one for each qualified offering type, which have different requirements, conditions, and limitations than the other paths. Be sure that You read carefully and understand which path(s) pertain to You.
II. Definitions
Qualified Offering Types. A Qualified Offering Type is an Innovyze offering type that is eligible to participate in the trade-in offer covered by these Offer Terms. Qualified Offering Types include (i) Innovyze perpetual licenses on active maintenance (“Fixed License Maintenance”), (ii) Innovyze floating subscriptions (“Floating Subscription”), and (iii) Innovyze floating perpetual licenses on active maintenance (“Floating License Maintenance”).
Qualified Offering. A Qualified Offering is each specific Fixed License Maintenance, Floating Subscription and/or Floating License Maintenance offering owned by You.
New Offering. A New Offering is a single-user subscription that you receive in exchange for trading in a Qualified Offering. Available New Offerings depend on the Qualified Offering being traded in.
Valid Trade-in Paths. A Valid Trade-in Path is a switch from a Qualified Offering to a corresponding permitted New Offering. Contact Your Autodesk sales representative or authorized Reseller, as applicable, for details on Valid Trade-in Paths.
Offer End Date. The Offer End Date is the date on which availability of the InfoCare to Subscription Trade-in Offer ends, which will be May 7, 2025, unless modified or extended by Autodesk.
Offer Start Date. The Offer Start Date is the date on which the InfoCare to Subscription Trade-in Offer first becomes available to transact; May 7, 2023.
Qualifying Renewal Date. The Qualifying Renewal Date is any renewal date on or after the Offer Start Date but prior to the Offer End Date that occurs for a Qualified Offering.
Two-for-One Offer Benefit. Two-for-One Offer Benefit refers to the ability to trade in each single Qualified Offering seat for two (2) New Offerings, subject to the applicable requirements.
One-for-One Offer Benefit. One-for-One Offer Benefit refers to the ability to trade in each single Qualified Offering seat for one (1) New Offering, subject to the applicable requirements.
III. Taking Advantage of “One-for-One" Fixed License Model and “Two-for-One” Floating Model Trade-in Offers.
For Qualified Offering Types that are traded in on the applicable Qualifying Renewal Date, you will be eligible to receive the One-for-One Offer Benefit for each traded in seat of Fixed License Maintenance and the Two-for-One Offer Benefit for each traded in seat of Floating Subscription or Floating License Maintenance, in each case subject to the additional requirements, conditions and limitations set forth in this section III for each Qualified Offering Type.
A. Additional Requirements for Fixed License Maintenance Trade-ins.
When You trade in a seat of a Fixed License Maintenance Qualified Offering in exchange for the One-for-One Offer Benefit, the following additional provisions apply.
You must uninstall and destroy or return to Autodesk all copies of any software (including different release versions) for the Fixed License Maintenance Offering within 120 days after the Qualified Renewal Date.
Except as otherwise agreed by Autodesk in writing, as of the start date of Your New Offering, the Previous Version Rights for New Offerings include only those versions listed in the applicable Eligible Products List as described here in the Terms of Use:
https://www.autodesk.com/company/terms-of-use/en/subscription-benefits#version
Additionally, You agree that (i) any perpetual license or other rights in and to any Fixed License Maintenance Qualified Offering traded in pursuant to these Offer Terms will automatically terminate 120 days after the applicable trade-in date, (ii) You hereby consent to such termination without further notice from Autodesk, (iii) thereafter You may no longer install, access or otherwise use any software or other licensed materials provided under the terms of the retired Fixed License Maintenance Qualified Offering, (iv) You will not at any time access or use Your traded-in Fixed License Maintenance Offering (included but not limited to software governed by the perpetual license or any associated contractual benefits) and Your corresponding New Offering simultaneously during this 120-day period, and (v) Your rights to access and use the New Offering shall solely be governed by the Terms of Use.
B. Additional Requirements for Floating Subscription Trade-ins.
When You trade in a Floating Subscription seat in exchange for the Two-for-One Offer Benefit, the following additional provisions apply.
Any New Offering You receive is a “Switched Subscription” as referenced in the Terms of Use and more specifically defined here, subject to modification by this section III.B. of the Offer Terms:
https://www.autodesk.com/company/legal-notices-trademarks/access-use/subscription-offerings#switched
The subscription benefits for each of Your traded in Qualified Offerings are “Original Subscription Benefits”. In accordance with the Terms of Use and the Switched Subscription terms, Your Original Subscription Benefits automatically terminate 120 days after the date of the Qualified Renewal Date, and in no event may you simultaneously use both Original Subscription Benefits and any associated New Offerings and related benefits during that 120-day period.
The Previous Version Rights for Your New Offering include only those versions of the New Offering listed in the applicable Eligible Products List as described here in the Terms of Use:
https://www.autodesk.com/company/terms-of-use/en/subscription-benefits#version
C. Additional Requirements for Floating License Maintenance Trade-ins.
When You trade in a seat of a Floating License Maintenance Qualified Offering in exchange for the Two-for-One Offer Benefit, the following additional provisions apply. You must uninstall and destroy or return to Autodesk all copies of any software (including different release versions) for the Floating License Maintenance Offering, within 120 days after the Qualified Renewal Date.
Except as otherwise agreed by Autodesk in writing, as of the start date of Your New Offering, the Previous Version Rights for the New Offering include only those versions listed in the applicable Eligible Products List as described here in the Terms of Use:
https://www.autodesk.com/company/terms-of-use/en/subscription-benefits#version
Additionally, You agree that (i) any perpetual license or other rights in and to any Floating License Maintenance Qualified Offering traded in pursuant to these Offer Terms will automatically terminate 120 days after the applicable trade-in date, (ii) You hereby consent to such termination without further notice from Autodesk, (iii) thereafter You may no longer install, access or otherwise use any software or other licensed materials provided under the terms of the retired Floating License Maintenance Qualified Offering, (iv) You will not at any time access or use Your traded-in Floating License Maintenance Offering (included but not limited to software governed by the perpetual license or any associated contractual benefits) and Your corresponding New Offering simultaneously during this 120-day period, and (v) Your rights to access and use the New Offering shall solely be governed by the Terms of Use.
IV. New Offering Renewal Pricing. The Autodesk suggested retail price (“SRP”) for New Offerings obtained pursuant to these Offer Terms will increase by no more than 5% in 2025, and 2027, and will not be increased in 2024, 2026, or 2028.
V. Disclaimer. THESE OFFER TERMS SUPERSEDE ALL PRIOR AGREEMENTS, UNDERSTANDINGS, NEGOTIATIONS AND DISCUSSIONS, WHETHER ORAL OR WRITTEN, OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR OTHER AGREEMENTS BETWEEN THE PARTIES IN CONNECTION WITH THE INFOCARE TO SUBSCRIPTION TRADE-IN OFFER.
VI. Term and Termination; Effect of Termination. This InfoCare to Subscription Trade-in Offer starts on the Offer Start Date and continues until terminated by Autodesk in accordance with this Section. Autodesk may modify, extend or terminate the InfoCare to Subscription Trade-in Offer at any time, with or without notice. Any changes to the InfoCare to Subscription Trade-in Offer shall apply prospectively and shall not affect trade-ins completed prior to the effective date of such modification.
VII. Additional Terms. Nothing contained in these Offer Terms in any way limits Autodesk’s right to modify or discontinue any software, web services, offerings and offering types or other business models. All benefits and purchase options may not be available for all software or web services, or in all languages and/or geographies. Access to web services requires an Internet connection and is subject to any geographical restrictions set forth in the Terms of Use. Autodesk resellers are independent and free to set their own prices. The actual retail price is determined by the customer’s selected reseller and is subject to currency fluctuation. Advertised discounts and savings and similar financial offers are based on the Autodesk Suggested Retail Price (excluding taxes) for specified products. Autodesk’s SRP is used for reference purposes only and may not be in local currency.
