Terms and User Agreement

This Terms of Service and User Agreement (hereinafter “Terms and Conditions”) sets forth the terms and conditions under which you (“you,” “your”, or “Member”) may use and access, including all functionalities and services offered therein, or in connection with your participation in and use of INCOSE’s System Engineering Laboratory hosted at www.incose.org/inet/se-lab (and any successor site thereto) collectively the “SE Lab”). As a condition of your use in accessing and utilizing the SE Lab, you understand and agree to all policies and procedures established by INCOSE, including these Terms and Conditions, INCOSE’s Membership Agreement and Privacy Policy (collectively “Agreement”).

1. Use of SE Lab. The SE Lab is an online environment where Member can access third-party vendors’ (“SE Lab Vendors”) systems engineering tools for non-commercial purposes, learning, and INCOSE projects, at no cost to you. As such, You acknowledge and agree to use and participate in the SE Lab only for lawful, non-commercial purposes. You shall be responsible for reviewing and agreeing to any relevant agreements related to your use of SE Lab Vendors products or tools.
2. Non-Endorsement. By entering into this Agreement, INCOSE does not directly or indirectly endorse any product or service that is or will be provided, whether directly or indirectly related to this Agreement by any third party, including SE Lab Vendors.
3. Intellectual Property Rights. The contents, features and functionality of the SE Lab are owned by INCOSE its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4. Disclaimer of Warranties. THE SE LAB AND ANY RELATED MATERIALS, PRODUCTS, PLATFORMS AND/OR RESOURCES PROVIDED RELATING TO THE SE LAB, INCLUDING ALL SE LAB VENDORS’ PRODUCTS AND TOOLS ARE PROVIDED “AS-IS.” YOU BEAR THE RISK OF PARTICIPATING IN AND ACCESSING THE SE LAB AND ANY SE LAB VENDORS’ PRODUCTS OR TOOLS.  INCOSE GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS AS TO THE SE LAB OR ANY SE LAB VENDORS’ PRODUCTS OR TOOLS ACCESSED DIRECTLY OR INDIRECTLY THROUGH THE SE LAB. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Limitation of Liability. IN NO EVENT WILL INCOSE, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR PARTICIPATION IN OR USE OF THE SE LAB, ACCESS TO THE SE LAB, OR DOWNLOADING OR USE OF ANY THIRD PARTY OR SE LAB VENDOR PRODUCT OR TOOL ACCESSED THROUGH THE SE LAB, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, ANY LOSS OR DAMAGE CAUSED BY VIRUSES, ERRORS, OMISSIONS, INTERRUPTIONS, FAILURE OF PERFORMANCE, OR DEFECTS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
6. Termination and Suspension. INCOSE reserves the right to terminate or suspend your access to the SE Lab at any time, without prior notice, if, in INCOSE’s judgment, you are in violation of these Terms and Conditions.
7. Indemnification. You agree to defend, indemnify, and hold harmless INCOSE, its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of the Agreement or your improper use of or negligent participation in the SE Lab.
8. Governing Law; Venue. This Agreement, including any attachments hereto, shall be construed in accordance with California law, and any dispute relating to or resulting from this Agreement or the SE Lab shall be submitted exclusively to the courts or other applicable agencies within the State of California, County of San Diego. The parties hereto irrevocably submit to the jurisdiction of such courts.
9. Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Severability.  The provisions of this Agreement shall be deemed severable and if any portion shall be held invalid, illegal, or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the parties hereto.