Simul8 Terms of Use
Effective date: July 11th, 2025
Scope
Simul8 Corporation (“Simul8”) is a wholly owned subsidiary of Minitab, LLC. These Terms of Use only specify the terms and conditions for access to and use of this Simul8 Software website (“Website”).
The Website allows you and other users of the Website to engage in a variety of activities, including access to resources and tools, including, but not limited to, product support, product information, and information created and published by Simul8 (collectively "Features"). The Features, including any updates, enhancements, new features, and/or the addition of any new Website properties, are subject to these Terms of Use.
Acceptance of Terms of Use
Your use of this Website, including the Features provided on the Website, signifies your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Website.
Simul8 reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use may be reviewed by clicking on the "Terms of Use" link located at the bottom of our Website pages. Your continued use of the Website constitutes your acceptance of such updates to the Terms of Use.
Limitation of Use
Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Features.
Privacy and Protection of Personal Information
For more information relating to Simul8’s approach to privacy and data protection, please see our Privacy Notice which governs our collection and use of personal information.
Member Account, Password, and Security
For Features that require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are required to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Simul8 immediately of any unauthorized use of your account or any other breach of security. Simul8 will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Simul8 or another party due to someone else using your username, password or account. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Website and Features, you will not use the Features for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website and Features in any manner that could damage, disable, overburden, or impair any Simul8 server, or the network(s) connected to any Simul8 server, or interfere with any other party's use and enjoyment of the Website and Features. You may not attempt to gain unauthorized access to any Features, other accounts, computer systems or networks connected to any Simul8 server or to any of the Features, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and Features.
Notice Specific to Documents Available on this Website
Permission to use Documents (such as white papers, press releases, product support content and FAQs) from the Features is granted, provided that (1) the following copyright notice appears in all copies and that both the copyright notice and this permission notice appear: “Copyright © Simul8 Corporation. All rights reserved.”, (2) use of such Documents from the Features is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications to any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.
Documents specified above do not include the design or layout of the Website. Elements of the Website may not be copied or imitated in whole or in part, unless expressly permitted by Simul8.
Termination of Use
Simul8 may, in its sole discretion, at any time discontinue providing or limit access to the Website, particular areas of the Website, or certain Features provided on or through the Website. Simul8 may also, in its sole discretion, at any time, terminate or limit your access to, or use of the Website or any Features.
In the event you are in material breach of the Terms of Use, Simul8 may, at its sole discretion, suspend or terminate your use of the Website. Simul8 shall not be liable to you or any third party for any such suspension or termination.
Other Notices and Disclaimers
Any and all information available from the Website, including, without limitation, information included in the Features, is provided "AS IS" without warranty of any kind. Simul8 hereby disclaims any and all warranties, express or implied. In no event shall Simul8 be liable for damages of any kind, whether or not caused by the negligence of Simul8 or its employees, arising out of reliance upon the information available from the Website, including and without limitation, information included in the Features.
IN NO EVENT SHALL SIMUL8 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE FEATURES.
Intellectual Property Rights
As used herein, “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. All Intellectual Property Rights to any Simul8 software, Website, or Features belong to Simul8. Nothing in these Terms of Use shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Simul8 software, the Website, or Features, unless otherwise expressly permitted by these Terms of Use or by law. You hereby agree to assign and do assign to Simul8 any modifications or derivative works of any Simul8 Website, and Simul8 materials made by you in violation of this limitation without remuneration.
Materials Provided to Simul8 or Posted through any Simul8 Online Communication Channels
Simul8 does not claim ownership of the materials you provide to Simul8 or post, upload, input or submit through any Features, online communication channels, or any associated services for review (each a "Submission"). However, by uploading, inputting, or otherwise providing your Submission you are granting Simul8 and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, and to incorporate into other works in any form, media, or technology now known or later developed. Except where expressly provided otherwise, all comments, feedback, information and materials submitted to public online communications channels are intended to be shared with other users of the online communications channels.
By providing a Submission, you warrant and represent that you either own or otherwise control all of the rights to that Submission, including, without limitation, all the rights necessary for you to provide, post, upload, or input the Submission, or that your use of the Submission is a protected fair use, and that such content is not confidential. It is your sole responsibility to ensure that your Submissions do not disclose confidential and/or proprietary information that you are not authorized to disclose, including information covered by a nondisclosure agreement, and are in compliance with any applicable privacy laws and regulations to which you are subject.
No compensation will be paid with respect to the use of your Submission, as provided for herein. Simul8 is under no obligation to post or use any Submission, and Simul8 may remove any Submission at any time in its sole discretion.Unsolicited Idea Submission Policy
Simul8 cannot accept or consider unsolicited ideas, including product, advertising or promotional ideas. Please do not send any unsolicited ideas to anyone at Simul8 through this Website or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to Simul8 or any Simul8 employee will be deemed NOT to be confidential or proprietary. Your submission of any unsolicited information including any underlying intellectual property or material, grants Simul8 an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, and to incorporate into other works in any form, media, or technology now known or later developed, such submission.
Notices and Procedure for Making Claims of Copyright Infringement
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An attached copy of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:
Data Protection Office
Simul8 Corporation
Phone: +1-814-238-3280 or +1-800-448-3555
dpo@minitab.com
Links to Third Party Sites
The Website may contain links that will allow you to leave the Website. The linked sites are provided as a courtesy. The linked sites are not under Simul8’s control and Simul8 is not responsible for the contents of any such linked site or any link contained in a linked site, or changes or updates to such sites.
Disputes / Arbitration
Any dispute or claim relating in any way to your use of this Website or the Features provided to you will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Angela Head, Minitab, LLC 10 South LaSalle St, Suite 2900, Chicago, IL 60603.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Chicago, Illinois.
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. Notwithstanding the above, you and we also each agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By using the Website and any Features provided to you, you agree that any Disputes/Arbitration between you and Simul8 will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania without regard to principles of conflict of laws.
Severability
If any provision of the Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect.
Survival
All obligations listed in these Terms of Use shall survive the termination of your use of the Website or any of its Features.