Terms of Service
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEBSITE.
Use Of Site
Simio LLC (“SIMIO”) authorizes you to view and download the materials on this website (“Site”) for your personal, non-commercial use only provided you agree to the following.
- Retain all copyright and proprietary notices contained within the materials downloaded
- Will not modify, reproduce, publicly display, perform, distribute, or otherwise use any materials downloaded for public or commercial purpose.
- Posting of materials on any other website or networked computer environment for any purpose is prohibited.
- All materials on this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws.
If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SIMIO’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. SIMIO further does not warrant the accuracy and completeness of the materials, software or services at this Site. SIMIO may make changes to the materials and services at this Site, or to the products described at any time without notice. The materials and services at this Site may be out of date, and SIMIO makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local SIMIO business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL SIMIO, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SIMIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Use of Software
Any software that is made available to download from this Site is the copyrighted work of SIMIO and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
User Submissions
SIMIO does not receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. By providing Communications, you agree SIMIO and its designees may be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, at no charge to you. Personally identifiable information that you submit to SIMIO for the purpose of receiving products or services will be handled in accordance with the SIMIO online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Chat Rooms and Other User Forums
SIMIO is not obligated to, monitor or review areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, blogs, bulletin boards or other user forums. SIMIO, will have no liability related to the content of any such Communications, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. SIMIO retains the right to remove messages that include any material SIMIO deems abusive, defamatory, obscene or otherwise unacceptable.
Links to third-party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. SIMIO has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, SIMIO does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
General
SIMIO administers this Site from its offices in Sewickley, Pennsylvania. SIMIO makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. SIMIO may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Guidelines for linking to SIMIO’s Websites
No sites may link to this Site without the prior written authorization of SIMIO.