Zemax terms of service

Last Updated: January 21 2020

Please read these Terms of Service (“Terms”) carefully, because the Terms constitute a binding legal agreement between you, an individual, as well as the entity you may represent and on whose behalf you are agreeing to these Terms (collectively, “you”) and Zemax, LLC, located at 10230 NE Points Drive, Suite 500, Kirkland, Washington 98033; Zemax China; Zemax Europe, Ltd.; Zemax Japan K.K.; and Zemax Taiwan (collectively, “Zemax” or “we”). These Terms apply to your access to and use of the Products (defined below), websites, MyZemax Forums, and mobile applications, including without limitation, www.zemax.com and my.zemax.com (collectively, the “Site”), pursuant to which we make available our cutting edge optical products available for licensing and offer customer support (the “Products”), (collectively, with the Site, the “Services”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 20, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.

BY CLICKING “I ACCEPT,” ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at legal@zemax.com.

1. PRIVACY
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at https://www.zemax.com/privacy.

2. ELIGABILITY

  1. You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian bound by these Terms.

  2. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you are fully responsible for the acts or omissions of such user in relation to our Services.

  3. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity is responsible to us.

3. PAYMENTS; ORDERING; BILLING

  1. You will provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate payment for licenses made on the Site. When you purchase a license right to a Product through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

  2. Zemax accepts other forms of payment. Please contact sales@zemax.com to make other payment arrangements. Other acceptable forms of payment include:

    1. Check. Checks must be drawn made payable to Zemax, LLC, in the currency and the amount quoted on the quote or purchase order provided to you and mailed to Zemax, LLC, 10230 NE Points Drive, Suite 500, Kirkland, WA 98033, U.S.A.;

    2. Bank Wire Transfer. To make payment via bank wire transfer, you must request wire instructions from Zemax.

  3. You will have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”).

  4. Generally, quoted prices on the Site are valid for thirty (30) days. We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email.

  5. Products may not be resold, as you are purchasing a license to use the Product, not a property right to the Product, notwithstanding the use of the term “ownership” with respect to the license. You will not resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on your compliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for approved use, or if we believe you intend to resell or distribute Products without our express written consent, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

4. SHIPPING AND DELIVERY

  1. Products are delivered via email as “soft key licenses” unless you can demonstrate a business need, as approved by Zemax in its sole discretion that requires physical shipment of “hard key licenses.” If you require a hard key license, Zemax may require a minimum order, and in some locations, we may also require prepayment.

  2. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery, if applicable; (b) insurance during transit; and (c) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You will pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order. Because ownership of the Product license transfers to you at shipping, you are responsible for insurance during transit, which Zemax does not cover.

5. SUBSCRIPTIONS; SUPPORT; SUPPLEMENTAL SERVICES

  1. Subscriptions. Subscription orders include technical support over email, product updates, upgrades to existing features as well as new capabilities to the software (through downloads) for the length of the subscription term.  All subscription orders include the Productivity Assurance plan in the purchase price.  Productivity Assurance for subscription software does not include a discount for Zemax training courses.  The subscription automatically renews, but payment information must be renewed at the end of the term to maintain access to the product.  For clarity, Zemax does not retain payment information, so it is your responsibility to provide payment at the end of a subscription term. To terminate your subscription, you must provide Zemax with written notice at least sixty (60) days before the end of a subscription term.  If you do not provide Zemax with the appropriate notice, Zemax will send you an invoice.

  2. Perpetual Licenses. When you purchase Zemax software Products on a perpetual license, you must purchase support services for the first year.  Such support services include upgrades to existing features via download from the web.  In subsequent years, you also have the opportunity to purchase the following supplemental services (“Supplemental Services”):

    1. Ongoing Support.  Ongoing support orders include one year of support and upgrades to existing features via download from the web.

    2. Productivity Assurance.  Productivity Assurance includes a one-time key replacement discount and a one-time training discount for the term of the support agreement.  Further details are available on the Productivity Assurance page.  Productivity Assurance may only be purchased in conjunction with an ongoing support plan.

  3. Supplemental Services are not deliverable.  Information required to confirm the purchase of software Products, such as user information, user registration information or key serial number may be required to purchase Supplemental Services.  Supplemental Support orders are processed within one to three business days. 

  4. Current support orders and current support with Productivity Assurance orders are non-refundable and also non-transferable. If you are renewing a support contract that has already expired, please allow up to three business days before you attempt to download and install the latest release of the software.

6. RETURN POLICY; REPLACEMENT KEYS

  1. Zemax offers a 30-day return period for software Products. Returns must be made within thirty (30) days of the invoice date.  

  2. Supplemental Services, Zebase, Upgrades, and Custom Work Products are non-refundable.  Short Course registrations are non-refundable, and registrations cannot be transferred to alternate class sessions.

  3. To replace a lost or stolen key, please review the Zemax Licensing Policy, incorporated by this reference.

7. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Permitting others to use your account credentials is prohibited. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

8. USER CONTENT

  1. Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, files and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Zemax.

  2. You grant Zemax, its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, your User Content and any associated information (such as your username or profile photo) may be visible to others. Notwithstanding the foregoing, if you submit User Content privately to Zemax (i.e., not User Content posted on the MyZemax Forum) for the purpose of receiving support services, you grant Zemax a limited license to use the User Content solely to provide support services.

  3. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

9. PROHIBITED CONDUCT AND CONTENT

  1. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

  1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

  2. Use or attempt to use another user’s account without authorization from that user and Zemax;

  3. Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;

  4. Sell or resell our Services without our prior written consent;

  5. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

  6. Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

  7. Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

  8. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  9. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

  10. Develop or use any applications that interact with our Services without our prior written consent;

  11. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

  12. Bypass or ignore instructions contained in our robots.txt file; or

  13. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

  1. You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  1. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

  2. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

  3. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  4. Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

  5. Impersonates, or misrepresents your affiliation with, any person or entity;

  6. Contains any unsolicited promotions, political campaigning, advertising or solicitations;

  7. Contains any private or personal information of a third party without such third party’s consent;

  8. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

  9. In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Zemax or others to any harm or liability of any type.

  10. Enforcement of this Section 9is solely at Zemax’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 9 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

10. OWNERSHIP; LIMITED LICENSE
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Zemax or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

11.TRADEMARKS
ZEMAX, OPTICSTUDIO, LENSMECHANIX, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Zemax and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

12. FEEDBACK
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Zemax or our Services (collectively, “Feedback”). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Zemax’s sole discretion. Zemax may treat Feedback as nonconfidential.

13. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Zemax’s designated agent as follows:

Designated Agent: Zemax DMCA Agent
Address: 10230 NE Points Drive, Suite 500
Kirkland, Washington 98033
Telephone Number: +1 (425) 305-2800
E-Mail Address: copyright@zemax.com
   

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Zemax for certain costs and damages.

14. THIRD-PARTY CONTENT
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Zemax does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

15. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Zemax, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Zemax Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Zemax Parties of any third-party Claims, cooperate with Zemax Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Zemax Parties will have control of the defense or settlement, at Zemax's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Zemax or the other Zemax Parties.

16. DISCLAIMERS
To the fullest extent permissible by law, your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Zemax does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Zemax attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. If your use of the Services results in the need for servicing or replacing equipment or data, no Zemax party will be responsible for those costs.

17. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Zemax and the other Zemax Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Zemax or the other Zemax Parties have been advised of the possibility of such damages.

The total liability of Zemax and the other Zemax Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $1,000 or the amount paid by you to use our Services.

The limitations set forth in this Section 17will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Zemax or the other Zemax Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

18. RELEASE
To the fullest extent permitted by applicable law, you release Zemax and the other Zemax Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

19. TRANSFER AND PROCESSING DATA
In order for us to provide our Services, we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

20. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Zemax and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Zemax agree that any dispute arising out of or related to these Terms or our Services is personal to you and Zemax and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Zemax seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Zemax seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Zemax waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Zemax or relating in any way to the Services, you will first contact Zemax and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Zemax by email at legal@zemax.com or by certified mail addressed to 10230 NE Points Drive, Suite 500, Kirkland, WA 98033. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Zemax cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either represent that you have read and understand the JAMS Rules or you waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

These Terms affect interstate commerce and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Zemax, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Zemax will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Zemax will pay all JAMS fees and costs. The state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Zemax will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 20 by emailing legal@zemax.com or by filling out this webform. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 22.

If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 20 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.

21. ASSIGNMENT; CHANGING THE LICENSE ADMINISTRATOR OR OWNERSHIP INFORMATION ON A KEY

  1. You may not assign these Terms or any right, interest or benefit under these Terms without prior written consent of Zemax. Any attempted assignment in violation of the foregoing will be void. Subject to the foregoing, these Terms will be fully binding upon, inure to the benefit of and be enforceable by any permitted assignee.

  2. Zemax Products may not be resold.  Changing the ownership of a license is only permitted in the case of a merger or consolidation of businesses. If, due to a merger or consolidation, the company name has changed, please fax, email or mail a letter on previous company letterhead documenting the change, signed by an official of the company, and provide proof of merger or consolidation. Otherwise Zemax will not accept the change of registration.

  3. To update your Zemax registration, or to change registered License Administrator, please email the following items to Sales@Zemax.com or fax to 425-305-2808:

    1. Key Serial Number (run Zemax software then press F10 to display this number)

    2. License Administrator’s First Name

    3. License Administrator’s Last Name

    4. Company Name

    5. Mailing Address

    6. City

    7. State/Country

    8. Postal Code

    9. Phone Number

    10. Email

22. GOVERNING LAW AND VENUE
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

23. MODIFYING AND TERMINATING OUR SERVICES
If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advanced notice and a chance to access and move your content and data to another service. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

24. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

25. MISCELLANEOUS
The failure of Zemax to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

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