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robby212

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  1. Also just got one in the US. The letter. We represent Dassault Systemes SolidWorks Corporation (“DSSW”) located in Waltham, Massachusetts. As you may know, DSSW provides world-leading 3D design software and solutions to more than 150,000 customers in a wide range of industries around the globe. DSSW is the publisher and owner of all right, title and interest in and to its proprietary suite of software known as SOLIDWORKS (the “Software”). DSSW owns the copyright in the United States and elsewhere for this Software. Our client has informed us that “insert company” has been using the Software without valid licenses in complete disregard of DSSW’s valuable intellectual property rights and in violation of the end user license agreement (“EULA”) governing “insert company”’s use of DSSW’s products, and specifically the Software. By engaging the sophisticated monitoring technology described in the EULA, DSSW has irrefutable evidence that “insert company” has accessed SOLIDWORKS Premium, the add-ons and other versions of the Software identified on Exhibit A attached hereto and made a part hereof. “insert company”’s continued use of the Software without valid licenses constitutes infringement of DSSW’s rights under the United States Copyright Act and will likely subject “insert company” to liability for statutory damages. Specifically, U.S. copyright law provides for civil as well as criminal penalties for infringement. Even absent proof of any actual damages, a copyright owner such as DSSW is entitled to statutory damages of up to $150,000.00 for each work that is willfully infringed. See 17 U.S.C. Section 504©. Each copy of the Software is a separate work under the Copyright Act, and DSSW has consistently registered its copyrights for years. In light of the foregoing, we demand that “insert company” immediately cease and desist its infringing activities. DSSW is willing to settle this matter amicably upon “insert company”’s prompt purchase of the appropriate licenses and 12 months of subscriptions for SOLIDWORKS Premium and any other SOLIDWORKS add-on products indicated on Exhibit A. A DSSW Compliance Mediator will be contacting you to resolve this matter. Any purchase of licenses to regularize your unauthorized and infringing use of the Software other than through and under the direction of the SolidWorks Compliance Mediator shall be null and void. This letter does not constitute a complete or exhaustive statement of our client’s rights, claims, contentions, or legal theories. Nothing stated herein is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of DSSW’s rights or remedies, whether legal or equitable, all of which are hereby expressly reserved.
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