Legal Notice, Disclaimers and Terms of Use
Permission to download the SimMetric Software ("Software") offered
by Winklevoss Technologies, LLC ("WINTECH") for trial use 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.
|