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Monday, December 10, 2012

Autodesk - Legal Notices & Trademarks - Autodesk 360 Terms of Service (rev. 9/6/2011)

I saw this today on a LinkedIn group post and thought I'd share it with you.
http://www.linkedin.com/groups/Autodesk-360-End-User-Agreement-98421.S.191509085?view=&srchtype=discussedNews&gid=98421&item=191509085&type=member&trk=eml-anet_dig-b_pd-ttl-hdp&ut=1x6_OoJcLEF5w1

What exactly does this mean?

You hereby grant Autodesk (or warrant that the licensor of such rights has expressly granted) a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable (through multiple tiers) license to store, display, reproduce, modify, use and transmit Your Content, and further waive “moral” rights or other rights with respect to attribution of authorship or integrity of Your Content that You may have under any applicable law and under any legal theory. 
Reproduce, modify, use and transmit Your Content.....Does this mean that Autodesk can reuse anything you create and store on their cloud or just that they are using it to send it to you via the cloud?

I definitely think there needs to be a statement from Autodesk and clarifications as to what this means to all of us.  If you happen to get a chance, read through all of the lawyers' comments on the BIM Experts LinkedIn group.  This apparently is a very confusing and big deal with who owns your data.  If Autodesk claims that you do and it's all private, then the EULA should clearly state that and not cause this much confusion.  Perhaps we should keep all of our files on floppy discs like in the old days.


Source:
Autodesk 360 License Agreement
Autodesk - Legal Notices & Trademarks - Autodesk 360 Terms of Service (rev. 9/6/2011)
http://usa.autodesk.com/adsk/servlet/item?siteID=123112&id=17784802


2.Proprietary Rights
            2.1      Your Rights.  As between You and Autodesk, and subject to  Section 2.2 (License by You; Disclosure), You and Your licensors have and will own all right, title, and interest in and to Your Content.
            2.2      License by You; Disclosure. Autodesk (or its sublicensees) may exercise the license set forth in this Section only for purposes of providing, maintaining, repairing, protecting, organizing or otherwise administering the Service and Service Site in the ordinary course of Autodesk’s (or its designated third parties’) provision of the Service and improving and modifying the Service, including rights to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of Your Content and information, and to disclose Your Content and information and the results of any such analysis in aggregated form or any other form that does not specifically identify You or the source of Your Content or information. Notwithstanding anything in these Terms to the contrary, You hereby grant Autodesk (or warrant that the licensor of such rights has expressly granted) a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable (through multiple tiers) license to store, display, reproduce, modify, use and transmit Your Content, and further waive “moral” rights or other rights with respect to attribution of authorship or integrity of Your Content that You may have under any applicable law and under any legal theory.  In addition, You acknowledge and agree that Autodesk may disclose Your Content to provide the Service to You (including, without limitation, Your election to share Your Content under Sections 3.3 and 3.4), to comply with any legal obligations or governmental or regulatory body request (including subpoenas or court orders) or as part of a legal proceeding involving Autodesk Parties.
            2.3      Autodesk’s Rights.  You acknowledge and agree that Autodesk and its licensors own all right, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Service, API Information, Development Materials, Documentation, Service Site, Entitlement Site, sample data sets, sample models or other sample Content and any information, data or materials provided or used in connection with, or generated by, the Service (excluding Your Content). You agree not take any action to jeopardize, encumber, limit, or interfere in any manner with Autodesk’s or its licensors’ ownership and rights with respect thereto.  Autodesk does not grant You any right to use its trademarks, trade names, or logos.  You have only the limited rights to access and use the Service Offering as are expressly granted to You under these Terms  and no other rights are granted or conveyed, or shall be deemed to be granted conveyed, whether by implication, estoppel, or otherwise.




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1 comments:

Anonymous,  December 11, 2012 at 10:23 AM  

Great post and interesting topic. I can't see any federal projects ending up in the cloud if their TOS takes that approach to data.

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