SIMUL8 Corporation Terms of Use | SIMUL8 Corporation

SIMUL8 Corporation Terms of Use

Last updated: September 16, 2019

Thank you for using SIMUL8! Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.SIMUL8.com/ website and SIMUL8 Online service (the "Service") operated by SIMUL8 Corporation ("us", "we", or "our").

By accessing or using our Services, you’re agreeing to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users and organizations who wish to access or use the Service.

If you disagree with any part of the terms then you do not have permission to access the Service.

Definitions

  • "you" “user” and “Account Holder” means you, the person who accesses and uses this website and/or the Service; and
  • "the Service" refers to SIMUL8 software that is accessed and used via our password protected websites, including SIMUL8 Online;
  • "us" "we" and "our" refers to SIMUL8 Corporation, a company registered in the United States with a registered office at 225 Franklin Street, 26th Floor, Boston, MA, 02110, USA;
  • “Content” means any documents, information and associated intellectual property uploaded to or generated by an Account Holder through the Service.
  • "Data" means any data inputted by You into the Service.

License Agreement and Limitations

On acceptance by you of the Terms you are granted a nonexclusive, nontransferable license, worldwide license to use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. You agree not to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
  2. You agree not to modify, port, adapt or translate any portion of the Services or Software; or
  3. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software.
  4. You agree not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or our website generally or which is likely to interfere with any other party's use of the Service;
  5. You agree not to transmit, or input into the Service, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
  6. You agree not to enable or allow others to use the Services or Software using your own account information;
  7. If we designate the Services or Software as for use by educational users (“Educational Version”), then you may only use the Educational Version provided that you are a student registered at, or an employee of, the Qualified Educational Institution paying the license fee. The Service must only be used for educational or research purposes and not for commercial purposes;

Creating and Accessing a SIMUL8 Account

To access and use the Service, you will need to create an account. When you create an account with us to access the Service, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Security

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Communications

By creating an Account on our service, you agree to subscribe to marketing, promotional materials, service updates and other information we may occasionally send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.


Free Trial

SIMUL8 Corporation may, at its sole discretion, offer a free trial of the Service for a limited period of time ("Free Trial").

No charge for use of the Service will be made during any Free Trial period. You will not be required to enter billing information in order to sign up for the Free Trial. The Account Holder is not however entitled to benefit from more than one Free Trial without prior consent from us. If more than one Free Trial period has been requested, the Account Holder will become liable for payment of the subscription fee for all use of the Service made after the first Free Trial period.

At any time and without notice, SIMUL8 Corporation reserves the right to (i) modify the Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.


Termination

Closure by you

You are free to stop using the Service at any time. You can submit a request to delete your SIMUL8 account via email to info@SIMUL8.com. Upon receiving confirmation of your request, we will permanently delete the account and all uploaded Content from our servers. See Storage and Deletion of Content for more information.

Suspension and closure by us

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If we withdraw access to the Service because these Terms of Service have been breached, no refund will be payable by us.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Transferring a SIMUL8 account

It is not possible to transfer an account to another user. If you would like to create a new account using a license number that is linked to another account that is no longer in use, please contact info@SIMUL8.com.


Your Content

Our Service allows you to upload, store, share and otherwise make available certain information, simulation models, data, text, graphics, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. See our Copyright Policy for more information.

You retain any and all of your rights to any Content you upload on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

By uploading Content to the Service, you give us permission to host, back up and share it when you ask us to. Our Service also provides features such as thumbnails, editing, sharing and searching. These and other features may require our systems to access, store and scan your Content.


Storage and Deletion of Your Content

Although the Service provides users with online storage, we recommend that you also back up your Content elsewhere regularly.

We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account.

Any content deleted by the Account Holder from the Service will be permanently removed from our servers and will not be recoverable.

By your request or at the end of your license or Free Trial term, we will use commercially reasonable efforts to allow you to transition your Content out of the Service. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period your Content will be permanently deleted.


Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


Refunds

Certain refund requests for Purchases may be considered by SIMUL8 Corporation on a case-by-case basis and granted in sole discretion of SIMUL8 Corporation.


Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Updates and Availability

Changes to the terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Updates to the Services and Software

We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for considerable changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue the Services or Software in its entirety, we will also allow you a reasonable time to download your Content and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.

Availability

Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country. Access to certain Services in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.


Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@SIMUL8.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.


DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email 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.

You can contact our Copyright Agent via email at info@SIMUL8.com.


Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SIMUL8 Corporation and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SIMUL8 Corporation.


Indemnification

You agree to defend, indemnify and hold harmless SIMUL8 Corporation and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.


Limitation Of Liability

In no event shall SIMUL8 Corporation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SIMUL8 Corporation its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user’s country.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Contact Us

If you have any questions about these Terms, please contact us.