Last updated: 14-Nov-2013
These Terms apply to all users including contributors of Content (as defined below) to, the Site, including without limitation, File Exchange, Link Exchange, MATLAB Answers and Trendy. Specific terms applicable to particular features within the Site are also set forth below. MathWorks may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. If any future revision is unacceptable to you, you should discontinue using the Site. Your continued use of the Site after MathWorks' posting of any revised Terms will indicate your acceptance of the then-current Terms.
- Access to and use of the Site
- MATLAB Answers
- File Exchange
- Claims of Copyright Infringement
1. Access to and use of the Site
- As long as you comply with the Terms, MathWorks grants you a personal, non-exclusive, non-transferable, limited authorization to access and use the Site.
- You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by MathWorks. MathWorks and its licensors reserve all rights not expressly granted in and to the Site and the Content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, access through, or contribute to the Site.
- The Site may contain links to third party websites that are not owned or controlled by MathWorks. MathWorks has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the Site, you expressly release MathWorks from any and all liability arising from your use of any third party website.
- In order to access some features of the Site, you will need a MathWorks Account. You may not use another person's MathWorks Account. When creating your MathWorks Account, you must provide current, accurate and complete information. You are solely responsible for the activity that occurs under your MathWorks Account, and for keeping your MathWorks Account login information secure. You must notify MathWorks immediately of any breach of security or unauthorized use of your MathWorks Account.
- You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments) for any commercial solicitation purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. You agree not to use the Site in any manner that could damage, disable, overburden or impair any MathWorks systems, interfere with any other party's use of the Site, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Site or other accounts.
- If you breach any of these Terms, your authorization to use the Site automatically terminates. MathWorks reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Site in its sole discretion. MathWorks reserves the right to discontinue any aspect of the Site at any time.
- Guidelines for Submitting and Using Content.
- You represent and warrant that you are the owner of any Content submitted by you, or that you control the rights to or have received all necessary consents to submit, such Content. Content that you submit must not violate or infringe on any patent, copyright, other intellectual property right, or any other right of any third party. You understand that you, and not MathWorks, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site. You understand and agree that MathWorks may retain server copies of your Content that have been removed or deleted.
- Where required, your contact information and any other information required (for example, the title, abstract, description, and requirements for a File Exchange submission) must be complete and accurate. This information is displayed on the Site and is used by other Site users and MathWorks to communicate with you. You may not attempt to impersonate another user or any other party.
- Content that you submit must not directly compete with products offered by MathWorks. Content submitted to File Exchange may only be used with MathWorks products.
- Content that you submit must be offered free of charge. You may not use the Site to sell or market your products or services to others.
- Content that you submit must not (a) infringe or violate any copyright, trademark, or other right of any other person or entity; (b) be libelous, defamatory, abusive, threatening, harassing, offensive, or otherwise violate any law; or (c) be malicious or destructive in nature, or contain a virus, Trojan horse, worm, or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
- You are solely responsible for compliance with any applicable laws, rules and regulations, including without limitation any applicable export control laws and regulations, with regard to Content that you submit, use, download, import, export or re-export.
- Any Content you submit to the Site, including personal information, is not subject to the protections which may be afforded information collected under other sections of MathWorks' and its affiliates' websites. Your submissions to MATLAB Central may be accessible from any part of the world and any information they contain may be used by MathWorks and the public, both within and outside the country from which you posted. You understand that MathWorks does not guarantee any confidentiality with respect to any Content you submit.
- Use of all software that you download from the Site (“Software”) is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software.
- You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.
- MathWorks has no obligation to monitor the Content. However, MathWorks reserves the right, in its sole discretion, for any reason and at any time, to refuse to post any Content or remove any Content from the Site.
- The Site contains Content posted by persons other than those employed by MathWorks. MathWorks does not control the Content posted by visitors to the Site and does not guarantee the accuracy, integrity, or quality of any Content. Views expressed on the Site by visitors to the Site are not endorsed by MathWorks. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MathWorks be liable in any way for any Content, whether or not authored by MathWorks, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content available via any link or any Content posted, e-mailed, transmitted or otherwise made available via the Site.
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent, to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use this Site.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by MathWorks without restriction.
- You agree that your use of the Site shall be at your sole risk.
- You assume total responsibility and risk for your use of the Site and the Content. The Site and the Content, including without limitation any information that is provided by MathWorks or MathWorks employees, are provided “as is”. To the fullest extent permitted by law, MathWorks, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Site and your use thereof. MathWorks makes no warranties or representations about the accuracy or completeness of the Site's Content or the content of any sites linked from the Site, and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (iii) any unauthorized access to or use of MathWorks' servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any loss of any kind incurred as a result of your use of the Site.
- In no event shall MathWorks, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Site or any Content, whether based on warranty, contract, tort or any other legal theory, and whether or not MathWorks is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You waive, any legal or equitable rights or remedies you have or may have against MathWorks with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless MathWorks, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from: (i) your use of and access to the Site and the Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; and (iv) any claim that your Content caused damage to a third party. This indemnification obligation shall survive these Terms and your use of the Site and the Content.
- These Terms shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions, and you consent to the jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.
- These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on www.mathworks.com, contain the entire understanding between you and MathWorks and may not be modified or amended except by MathWorks' posting of a revision on its website.
- Notices to MathWorks under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: The MathWorks, Inc., Attention: Legal Services, 3 Apple Hill Drive, Natick, Massachusetts 01760. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in MathWorks' discretion.
4. MATLAB Answers
You agree that all Content that you contribute to the MATLAB Answers portion of MATLAB Central will be licensed under the Creative Commons Attribution Share Alike 3.0 license.
5. File Exchange
You are solely responsible for the support and maintenance of any Content you submit to File Exchange. Submissions that receive numerous bug reports or are not maintained may be removed from the Site.
All new submissions of Content posted by Site users will be licensed under the BSD license. Submissions of Content posted by MathWorks will be licensed under the BSD license or the MathWorks Limited License.
By submitting Content to the Site, you hereby grant to MathWorks and all other Site users a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, make available to the public, prepare derivative works of, cache, store, display and perform the Content in connection with the Site and MathWorks' (and its affiliates') business, as permitted through the functionality of the Site, and to allow others to do so.
8. Claims of Copyright Infringement
- If you believe your work has been copied in a way that constitutes infringement and appears on the Site, please provide the following information in writing to MathWorks' Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Upon receiving your notification containing the information listed above, MathWorks shall (1) remove or disable access to the material alleged to be infringing; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
- If you have received notice from MathWorks that material you have posted is alleged to be infringing and believe that such material is the wrongful subject of a copyright takedown notice, you may file a counter notification with MathWorks by providing the following information in writing to MathWorks' Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
- Your electronic or physical signature;
- A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which MathWorks may be found, and that you will accept service of process from the person who provided the infringement notification, or an agent of such person.
- Upon receiving a counter notification containing the information listed above, MathWorks shall (1) promptly provide the complaining party with a copy of the counter notification; (2) inform that complaining party that MathWorks will replace the removed material or cease disabling access to it within ten (10) business days; and (3) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter notification, provided MathWorks' Copyright Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the allegedly infringing material accessible on MATLAB Central.
- MathWorks Copyright Agent
The MathWorks, Inc.
3 Apple Hill Drive
Natick, MA 01760
For clarity, only claims of copyright infringement should be sent to the Copyright Agent noted above; other inquiries regarding MATLAB Central should be sent to email@example.com.