Welcome to Simplaso (Simplaso) Website (the Site). This internet site offer a wide variety of resources, products and services, which may include download areas, some or all of which may be accessed through a variety of means (all of which are collectively called our "Site" or "Sites"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.
(c) If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, User Submitted Content), you hereby grant to Simplaso a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Submitted Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Simplaso that (i) you have all necessary power, authority, right, title and/or licenses to grant to Simplaso the foregoing right and license and (ii) the posting, submission, display by you of User Submitted Content on the Site, and the exercise by Simplaso of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Simplaso, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.
(d) You agree not to submit or otherwise provide to the Website any information that is proprietary or confidential, or that is or may be a trade secret. Any information or ideas that you provide, submit or transmit via the Website will not be treated as proprietary or confidential, and you agree that such information may be disclosed by Simplaso to any party or used for any purpose without limitation or compensation, subject to these terms and policies.
(e) To the extent that the Site contains Simplaso Content or Third Party Content that is software available for download ("Software"), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a License Agreement) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement.
ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, SIMPLASO EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(f) The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Simplaso or other third parties. You are not permitted to use these Marks without the prior written consent of Simplaso or the third party which may own their respective Marks.
(h) Simplaso grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated Simplaso Content and Third Party Content (collectively, Site Content) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
(a) In connection with your use of the Site, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation.
(b) You may not use the Site to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with Simplaso products or services or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, or Trojan horses. You may not deploy to the Site any robot, spider, site search/retrieval application, or other application designed to retrieve, index, "data mine," information from the Site.
(c) If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to Simplaso in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Simplaso reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of Simplaso and (iv) not to permit any third party to use your user name and password to access the Site. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Site related to the use of your user name and/or password.
(d) Any person or corporation posting or submitting content to the Website irrevocably agree to indemnify, defend and hold Simplaso, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneysâ€™ fees) related to or arising out of such submitted content, including, without limitation, claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims relating to breach of confidentiality or misappropriation of trade secret, or claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Simplaso prior to publishing on the Website.
(e) Your access and use of the Website is governed by and subject to all applicable federal, state and local laws. Information, products and publications available on the Website may be subject to U.S. export control laws and restrictions and may also be subject to the laws of other countries, including, for example, the country where you reside. You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
(a) THE SITE AND THE SITE CONTENT ARE PROVIDED STRICTLY ON AN AS IS AND AS AVAILABLE BASIS, AND SIMPLASO MAKES NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, SIMPLASO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND SIMPLASO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SIMPLASO SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF SIMPLASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
Simplaso operates or controls the operation of this Site from offices in Sterling, Virginia, U.S.A. It can be accessed from any of the 50 states in the United States and from other countries of the world. In addition, the Site may be mirrored, and other websites operated or controlled by Simplaso may be located, at various locations in and outside of the United States. Simplaso makes no representation or warranty that all of the features of this Site will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws. Simplaso does not guarantee that the Website will always be available or accessible, and is not responsible or liable for any problems you may experience in accessing the Website or any information on it, even if Simplaso has been advised of such problems. Mention of non-Simplaso products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.