Online Purchases Terms and Conditions
Autodesk Online Purchase and Auto-Renewal Terms
Last Updated 25 June 2014
Please read these terms and conditions carefully. We recommend that you print and keep a copy of these terms and conditions (and any other documents referred to in these terms and conditions) for your reference.
- Orders. By clicking on the “Buy” button you are placing an order online to purchase products, services and/or subscriptions from Autodesk subject to these terms and conditions. You will receive an order confirmation/receipt from Autodesk once your order has been accepted and processed. To place an order online with Autodesk for products, services and/or subscriptions you must be at least [18 years of age]. By clicking on the “Buy” button you are certifying that you are at least [18 years of age].
- Price. The price for the products, services and/or subscriptions you order will be quoted to you in the online cart and will also be indicated on your order confirmation/receipt. This is the price that will be charged to your credit card.
- Taxes. All prices quoted and amounts payable by you are exclusive of any tax, levy or similar governmental charge that may be assessed by any jurisdiction, including, without limitation, any federal, state or local sales, excise, use or goods and services taxes, or the equivalent, whether based on the delivery, possession or use of the products, services or subscriptions, or otherwise ("Taxes"). Any such Taxes to be collected by Autodesk shall be your responsibility, and shall appear as a separate item on your order confirmation/receipt.
- Payment Methods. Payment methods recognized by Autodesk are listed in the online cart. Only payment methods recognized by Autodesk will be accepted by Autodesk. Autodesk does not offer any credit terms. Once your order has been accepted Autodesk will send you an order confirmation/receipt confirming your purchase and the amount that has been charged to you.
- Auto-Renewal of Subscriptions. If you purchase a subscription, then by clicking on the “Buy” button and completing your purchase, you expressly request and authorize Autodesk to automatically renew your subscription for successive renewal terms each equal in length to the initial term purchased by you, at the purchase price for your initial term (plus any/all applicable taxes and fees), using the payment information you provided for your initial purchase, until you cancel.
For subscriptions of specific length initial terms, Autodesk will send you at least one email to remind you of each upcoming renewal of that subscription. Further, in the case of all/any subscriptions Autodesk will send you an email each time your subscription is automatically renewed.
Autodesk may change the renewal price of your Subscription as of the next renewal date and we will provide you with prior notice if we do so.
You can elect to cancel an automatic renewal for a particular subscription at any time and for any reason (including if you do not agree to a price change) by logging on to your Autodesk Account and following the steps to cancel that automatic renewal. These Autodesk Online Purchase and Auto-Renewal Terms and the Autodesk Privacy Statement will apply to each renewal transaction.
- Cancellation and Refund. You may cancel your product, service and/or subscription purchase in accordance with the terms of Autodesk Subscription Cancellation and Refund Policy which forms a part of these terms and conditions.
- LIMITATION OF LIABILITY. THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF AUTODESK AND ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, AND THEIR EMPLOYEES, OFFICERS, AND DIRECTORS, FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO YOUR PURCHASE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED TO YOUR DIRECT DAMAGES ONLY AND SHALL NOT EXCEED THE TOTAL VALUE OF YOUR ONLINE CART FOR THIS PURCHASE TRANSACTION. FURTHER, IN NO EVENT SHALL EITHER YOU OR AUTODESK BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, REVENUES, CONTRACTS, CUSTOMERS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED COST SAVINGS EVEN IF ADVISED OF THE POSSIBILITY OF SAME OR SAME WERE REASONABLY FORESEEABLE. YOU ACKNOWLEDGE THAT THE COSTS CHARGED IN YOUR ONLINE CART FOR THIS PURCHASE TRANSACTION FAIRLY REFLECT THIS ALLOCATION OF RISK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Export Controls. In conformity with laws and regulations of the United States and other countries relating to international trade, you and your employees (if applicable), agents and third parties shall not disclose, export or re-export, directly or indirectly, any product, documentation or technical data (or direct products thereof) to any country, entity or other party which is ineligible to receive such items under U.S. laws and regulations as modified from time to time by the U.S. Department of Commerce or the U.S. Department of the Treasury or under other laws or regulations to which you may be subject.
- Entire Agreement. These terms and conditions (and the documents referred to in them) constitute the entire agreement between you and Autodesk relating to the purchase of the products, services and/or subscriptions in the online cart related to this transaction, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, and there are no warranties, representations or other agreements between you and Autodesk in connection with the products, services and/or subscriptions in the online cart related to this transaction except as specifically set forth in these terms and conditions. Les parties aux présentes confirment leur volonté à ce que cette entente ainsi que tous les documents qui s'y rattachent, y compris les avis, soient rédigés en anglais.
- Governing Law. This Agreement shall be governed by and construed under the laws of the State of California, without regard to choice of laws principles. Any litigation between the parties shall be commenced and maintained exclusively in the United States District Court for the Northern District of California in San Francisco or the courts of Marin County, California. The parties expressly submit themselves to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions invalid or unenforceable, that provision of these terms and conditions will be enforced to the maximum extent permissible and the other provisions of these terms and conditions will remain in full force and effect.
Autodesk, Inc., 111 McInnis Parkway, San Rafael, California 94903, USA www.autodesk.com