Liability Exclusion
ALTAIR ENGINEERING INC. AND ITS AFFILIATES (COLLECTIVELY “ALTAIR”), DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS (INCLUDING ASSOCIATED INFORMATION AND DATA) WILL MEET USER’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALTAIR EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE, OR RESULTS OBTAINED FROM USE OF THE PRODUCTS RESTS WITH USER AND NOT ALTAIR. ALTAIR MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECT OF ANY DESIGN, PROTOTYPE, OR FINAL PRODUCT DEVELOPED BY USER USING THE PRODUCTS.
ALTAIR’S ENTIRE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THE PRODUCTS (REGARDLESS OF LEGAL THEORY), SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LICENSE FEES PAID BY USER IN THE 12 MONTHS PRIOR TO THE CLAIM. ALTAIR SHALL NOT BE LIABLE TO USER OR ANYONE ELSE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER (INCLUDING LOSS OF PROFITS OR DATA, DEFECTS IN DESIGN OR PRODUCTS CREATED USING THE PRODUCTS, OR ANY INJURY OR DAMAGE RESULTING FROM SUCH DEFECTS, SUFFERED BY USER OR ANY THIRD PARTY) EVEN IF ALTAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS PROVIDED HEREUNDER ARE ONLY AN AID IN USER’S (I) DEVELOPMENT OF USER’S PRODUCTS OR (II) DATA ANALYSIS AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR SOUND ENGINEERING JUDGEMENT, INDEPENDENT TESTING OF PHYSICAL PROTOTYPES, CAREFUL NUMERICAL REVIEW, OR SOUND BUSINESS JUDGEMENT. USER ACKNOWLEDGES THAT USER IS SOLELY RESPONSIBLE FOR THE OUTPUT GENERATED FROM SUCH USE OF THE PRODUCTS, AND AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ALTAIR FROM ANY AND ALL CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM, OR IN CONNECTION WITH USER’S USE OF THE PRODUCTS.
Database Right Notice
Use of the information and data in the Material Data Center is subject to the prior, written consent by Altair:
- to transmit and use all or substantial parts of the contents in proprietary databases which have commercial purposes and/or any other commercial media, including encyclopedias in any format.
- to insert, to catalogue and/or to archive all or substantial parts of the contents into electronic databases and/or data networks in order to transfer the content to third parties.
Altair explicitly reserves all intellectual property rights, including the right to initiate legal proceedings, such as for any misappropriation or infringement of Altair’s intellectual property.
Altair Engineering Inc.
1820 East Big Beaver Road
Troy Michigan 48083
Altair Engineering GmbH
Calwer Strasse 7
Boeblingen D71034
Germany