Proprietary Rights

SimulationDeck and its licensors shall own and retain all right, title, and (except as expressly licensed hereunder) interest in and to the Software, all copies or portions thereof, and any derivative works thereof (by whomever created). All content uploaded to SimulationDeck is owned solely by the client. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else, the Software is licensed and not sold. All rights in the Software not specifically granted in this agreement are reserved by SimulationDeck and its licensors.

License Restrictions

General Restrictions: Licensee shall not (nor shall Licensee permit anyone else to) directly or indirectly: (i) copy, modify, or distribute the Software or any portion thereof; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any portion thereof; (iii) rent or lease the Software or any portion thereof to a third party, or otherwise use or allow the use of the Software or any portion thereof to be used for any commercial purpose or on behalf of any third party; (iv) remove or obscure any proprietary notices on the Software; (v) post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or other publicly-available forum; (vi) distribute copies of the Software to others (electronically or otherwise); or (vii) export or re-export the Software in violation of any laws or regulations.

As a specific condition of this license, Licensee agrees to use the Software in compliance with all applicable laws, including without limitation copyright laws, and that Licensee will not copy, transmit, perform or distribute any audio, video or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content. The Software is protected by one or more of U.S. and/or foreign patents.

Cloud-based Service, Back-up, Incompatibility & Help-Desk Support

Licensee's access to the Software will be deployed through a software-as-a-service ("Saas" or "Cloud") format whereby the Software is hosted on third party servers, including, but not limited to, servers operated by MacHighway, Liquid Web, Nusura and/or their affiliates. SimulationDeck makes no representations or warranties regarding the stability, compatibility, integrity or privacy of MacHighway, Liquid Web and/or Nusura or other Cloud-based hosting services. While SimulationDeck takes every precaution to provide a secure, stable platform according to industry standard best practices for information security, no software application can be considered completely secure. The Software, Content, Third Party Products, social media products and other related or relied upon Cloud-based SaaS may be vulnerable to hacking, spoofing, phishing, software viruses, privacy breaches, denial of service attacks, acts of God, acts of war, force majeure events, system crashes, platform connectivity and SimulationDeck disclaims any and all liability for such problems. The Software is extensively tested and is proven to be compatible on all known major computer hardware devices, operating systems, mobile apps, laptops, notebooks, desktops, mobile devices or other systems or software (“Other Systems”). Due to local conditions such as the age and maintenance condition of User and Licensee device hardware, SimulationDeck does not guarantee that the Software will always function properly. These issues may cause the Software or the Other Systems to crash or operate improperly. SimulationDeck makes every effort to protect Licensee data. SimulationDeck is hosted on a dedicated server, with full backups performed daily. Continuous, off- site backups are performed every minute, utilizing replication and synchronization, with point-in-time snapshots. SimulationDeck provides 24/7 on-call technical and user general support. Support includes but is not limited to setting up and maintaining overall functionality of the portal; creating accounts, resetting passwords, turning off accounts, repairing broken links, creating or updating pages, and providing assistance with uploading content. SimulationDeck does not guarantee access to a live person, but rather to respond to requests for support within two hours of receipt of an email or voicemail support request.

License Renewal Policy

SimulationDeck clients that purchase a full annual subscription (12-month contract) must renew their contract within 395 days of their initial contract date to avoid discontinuation of the service. During the 30 days that extend beyond the initial year of SimulationDeck access, the platform remains active and available for client use. The system will cease to be available for use after the Contract Expiration Date that occurs 30 days from the anniversary of contract initiation.




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