To the extent that Simplata provides for the download or usage of Simplata software from the Site and any information or documentation related thereto (collectively “Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Simplata or the third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or other license terms contained in the files for such Software. You are permitted to use the Software for your personal, non-commercial use or legitimate internal business purposes related to your role as a contractor of Simplata, partner of Simplata, or current or prospective customer of Simplata. You are not permitted to use the Site or Software for commercial purposes, including but not limited to the collection of any market research for a competing business.
As between the parties, Simplata solely shall own and hereby retains all rights, title and interest in and to the Software and all copies, modifications and derivative works thereof (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Software). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law expressly prohibits such a reverse engineering restriction or to the extent the specific Software was provided in source code form by Simplata). You shall not copy the Software (or any component thereof), develop any improvement, modification or derivative works thereof or include any portion thereof in any other equipment or item (development against Simplata's public APIs excluded) without prior written consent or otherwise permitted by relevant law.
Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Simplata makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
User accesses this site at his or her own risk. The site and all content on the site is provided on an "as is, as available" basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither Simplata nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on this site, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of Simplata, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Simplata is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. In no event will Simplata or any of its affiliates, agents, employees, assigns or third party content providers be held liable for any tortious or illegal conduct of other users. In no event will Simplata or any of its affiliates, agents, employees or assigns be held liable for any damage to equipment, hardware or other property of user or personal injury that arises in connection with use of the site.
Simplata does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of Simplata. The Site may provide links to other sites or resources available on the Internet. Because Simplata has no control over such sites and resources, you acknowledge and agree that Simplata is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Simplata shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Users are prohibited from violating or attempting to violate the security of the site. Simplata will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software”, “commercial computer software documentation” and “commercial services”. If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) the Software were developed fully at private expense and (iii) all other use of the Software except in accordance with the license grant provided above is strictly prohibited.