Terms of Use

SimMetric

Legal Notice, Disclaimers and Terms of Use

Permission to install and execute the SimMetric Software (“Software”) offered by Winklevoss Technologies, LLC (“WINTECH”) is subject to the following terms of use and, additionally, to the terms of any Software license agreement entered with WINTECH:

+ The Software and any of its components may not be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, redistributed, licensed, created into derivative works, transferred, or sold.

+ Use of the Software cannot be posted on any network computer or broadcast in any media.

+ The Software is the trademarked and proprietary work of WINTECH.

+ The Software and the information derived therefrom shall be held by you and your employees as confidential information and shall not be disclosed to any third person without WINTECH’s express written consent.

+ WINTECH does not make any assurances with regard to the accuracy of the results or output that derives from the use of the Software.

+ You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Software.

+ The files of the Software have been checked for viruses, but no guarantee is given. You are responsible for checking all downloaded files for viruses with an up-to-date antivirus program.

+ WINTECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND. THE SOFTWARE SHALL BE USED AT YOUR OWN RISK.

+ IN NO EVENT SHALL WINTECH 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 THE SOFTWARE.

+ You agree to indemnify, release and hold WINTECH, including its officers, directors, agents, representatives and employees, harmless from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access to or use of the Software or any of the components, information, or materials contained therein.

+ WINTECH reserves the right to revoke authorization to use the Software at any time, and any such use shall be discontinued immediately with or without notice from WINTECH.