Simulate – Terms & Conditions
Last Updated: 10 February 2023
Definitions
- AI services are services that are labeled or described by Simulate as including, using, powered by, or being an Artificial Intelligence (“AI”) system.
- Services Simulate provides license holders and their users with access to a variety of resources including online applications and installed software, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements and new features, are subject to these Terms of Use.
- Support (Academic) Simulate Support Academic operates by email Monday to Friday.
- Support (Corporate) Simulate Support Corporate operates 24/7 and is detailed on the customer invoice.
Acceptance of Terms
The services that Simulate provides are subject to the following Terms & Conditions (“T&C”). Simulate reserves the right to update and modify the T&C at any time without notice to you. The most current version of the T&C can be reviewed by clicking on the “Terms” hypertext link located at the bottom of our homepage. When we make updates to the T&C, Simulate will update the date at the top of this page. By using the website after a new version of the T&C has been posted, you agree to the terms of such new version.
Personal and Non-Commercial Use Limitation
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 Services under the individual License Agreement.
Content
All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, applications and documents is the exclusive property of Simulate or its content suppliers and is protected by the various applicable copyright, trademark, patent, and other intellectual property and international unfair competition laws. All rights not expressly granted to you in this T&C are reserved and retained by Simulate or its licensors, suppliers, publishers, rightsholders, or other content providers.
Software & Applications
Any Software that is made available (online or download) is the copyrighted work of Simulate and/or its suppliers. Use of the applications is governed by the terms of the end user License Agreement, which accompanies or is included with the Software. By accessing our software all users agree to abide by the License Agreement.
The Software is made available solely for use by end users covered by an active License Agreement. Any reproduction of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) use of such Documents from the Services is for informational and non-commercial use and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of 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 by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Simulate.aero website or any other Simulate owned, operated, licensed or controlled site. Elements of Simulate websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Simulate website may be copied or retransmitted unless expressly permitted by Simulate.
Representations and Warranties
Software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Simulate hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Simulate does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the Services.
Simulate make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. all such documents and related graphics are provided “as is” without warranty of any kind. Simulate and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. in no event shall Simulate 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 or performance of information available from the services.
The documents and related graphics published on the Services could include technical inaccuracies or typographical errors. changes are periodically added to the information herein. Simulate and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Limitation of Liability
In no event shall Simulate 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 or performance of software, documents, provision of or failure to provide services, or information available from the services.
Member Account, Password, and Security
You are entirely responsible for maintaining the confidentiality of your password and account as set up for you by Simulate. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Simulate immediately of any unauthorized use of your account or any other breach of security. Simulate will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Simulate or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the written permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Simulate server, or the network(s) connected to any Simulate server, or interfere with any other party’s use of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Simulate server or to any of the Services, 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 Services. You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these T&C.
Malicious actions of participants
You are entirely responsible for the malicious actions of participants covered by your license. Any action which causes intentional damage to the Services, by participants covered by your licensed, will result in harsh penalties including cost of restoration.
Services security
- Reverse Engineering. You may not use any method (including AI services) to discover any underlying components of the models, algorithms, and systems. For example, you may not try to determine and remove the weights of models/algorithms.
- Extracting Data. You may not use web scraping, web harvesting, or web data extraction methods to extract data from our Services.
Links to Third Party Sites from our Services
Linked sites are not under the control of Simulate and Simulate is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Simulate is not responsible for webcasting or any other form of transmission received from any linked site. Simulate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Simulate of the site.
Unsolicited Idea Submission Policy
Simulate or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. please do not send any original creative artwork, samples, demos, or other works. the sole purpose of this policy is to avoid potential misunderstandings or disputes when Simulate’s products or marketing strategies might seem similar to ideas submitted to Simulate thus please do not send your unsolicited ideas to Simulate or anyone at Simulate. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Simulate makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Specific to your license
Invoice Terms and Conditions
All customers will receive a detailed invoice with information relating to specific Terms & Conditions of their use of the software. Payment of the invoice indicates acceptance the Terms & Conditions contained therein in addition to this document.
Software Agreement
Each login displays the Software usage agreement and by logging in, your license holders/users agree to those terms and conditions.