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The terms and conditions as set forth herein apply to SimWorks series of products you use and provide you with a complete set of professional product exchanges and services for numerical solutions of micro/nano optical problems between enterprises and customers.
The website of SimWorks Cloud Computing provides a product exchange platform dedicated to providing users with a complete set of professional product services for numerical solutions of micro/nano optical problems via professional simulation calculations.
These Terms are binding on you and SimWorks. These Terms manage your access and use of the website located at workbench.simworks.net , our browser plugins, and our social media website (collectively referred to as the "Website"), including all texts, images, audios, codes, and other materials, as well as all features and services provided (collectively referred to as the "Content"). Any other features, tools, materials or any other services provided on the Website are collectively referred to as the "Services".
Before using the Services, please carefully read these Terms. By accessing the service through use or in any other way, or by clicking Accept or Agree to these Terms when the option is provided, you (1) accept and agree to these Terms, (2) agree to collect, use, disclose, and otherwise process information as described in our privacy policy, and (3) agree to and accept any additional terms, rules, and participation conditions released by SimWorks from time to time. If you do not agree to these Terms, you are not allowed to access or use the Content or the Services.
SimWorks shall reserve the right to modify or replace the Terms from time to time at its discretion. The latest version of these Terms will be published on the Website. You shall be responsible for reviewing and familiarizing yourself with any such modification. By using the Services after making any modifications to these Terms, you accept the modified terms of use.
Lightweight software client
Cloud computing web workbench(pay-as-you-go or recharge)
Cloud disk storage
You hereby declare and warrant that you are fully capable of signing the terms, conditions, obligations, confirmations, representations, and warranties stipulated in these Terms; you only use the Website for personal purposes; and you will abide by these Terms. You further declare that you are legally allowed to use the Services and interact with the Services or the Content in any way within your jurisdiction. You further acknowledge that you are responsible for ensuring compliance with the laws and regulations of your jurisdiction and acknowledge that SimWorks will not be responsible for your compliance with such laws and regulations.
When setting up an account in SimWorks, you will be responsible for keeping the password you use to log in to the account, as well as the password we use to protect the security of third-party accounts. SimWorks encrypts this information locally using the random keywords we provide and securely stores it on our server for your convenience. By using the Services, you agree that:
(1) all registration information you provide to us is accurate, complete and correct.
(2) all registration information you provide to us is subject to our privacy policy.
(3) you will perform bidirectional authentication login on any third-party service used to access the Services.
(4) you will never use the same password as the third-party account connected to SimWorks for any account or purpose outside of the Services.
(5) you will keep the passwords of third-party services confidential and will not share them with anyone else.
(6) you will immediately notify SimWorks of any unauthorized use of your account or violation of third-party service security.
SimWorks cannot and will not be liable for any loss or damage caused by your failure to comply with the provisions of this Section.
If you publish materials on the Website or otherwise provide (or allow any third party to provide) materials through the Website, you shall be fully responsible for their content and any damage arising from such user content, regardless of whether your user content constitutes text, graphics, audio files or computer software. By providing user content, you represent and warrant that:
(1) your user content does not contain or install any virus, worm, malware, Trojan, or any other harmful or destructive content.
(2) your user content is not spam, nor does it contain sources of unethical or unnecessary commercial content materials aimed at increasing third-party website traffic or improving third-party website search engine rankings, or engaging in illegal activities (such as phishing) or misleading recipients (such as deception).
(3) you will only publish user content related to SimWorks, and the speed and quantity of publishing will not hinder the ability of other users to use our platform.
(4) your user content is not defamatory or defamatory, does not contain threats or incitement to violence against individuals or entities, and does not infringe on the privacy or public rights of any third party.
By submitting user content to the SimWorks website, you grant SimWorks a global, permanent, royalty-free, and non-exclusive license to copy, modify, adapt and publish the user content related to the Website. You represent and warrant that:
(a) you have all rights and control over the user content you publish, or you have the right to publish on the same on the Website.
(b) your user content is accurate and error-free.
(c) the use and publication of your content will not violate these Terms, nor will it infringe upon any rights of individuals or entities or cause harm to any person or entity.
Without limiting any of these representations or warranties, SimWorks shall have the right (rather than the obligation) to terminate or refuse any individual or entity access and use of the Website for any reason.
Unless otherwise specified in this clause, you agree not to:
(1) reproduce the Services or the Content or any part thereof.
(2) distribute, modify, adapt, translate, reversely engineer, decompile, disassemble, create derivative works, print any part or otherwise attempt to discover source code, compiled executable files, intermediate files or underlying structures, ideas, proprietary technology or algorithms related to the Services or the Content in any way.
(3) use the Services to send or store infringing, obscene, threatening, defamatory or other illegal materials, including materials that infringe on third-party rights.
(4) use the Services to create, use, send, store, or run materials containing software viruses, worms, Trojans, or engage in any malicious behavior or compromise security, service integrity, or operation in any other way.
(5) use the Services in any manner that violates any applicable foreign, federal, state, or local laws, rules or regulations.
(6) use the Services in any way that violates any third party's rights or these Terms.
(7) create fake accounts using scripts, computer programs, or third-party scripting services to receive rewards for accounts held by real people, or send spam emails to chat rooms on the Website.
(8) sell or transfer user accounts to other individuals or entities.
Breaking these terms may result in SimWorks' deciding to terminate or refuse access and use of the Website or freeze accounts.
You clearly understand and agree that your use of the Services are insured by your bank. The Services and the Content are provided on an "as is" and "useable" basis, without any express or implied warranties of any kind, including but not limited to implied warranties of merchantability, suitability for a specific purpose, or non-infringement. You acknowledge that SimWorks cannot control and is not obligated to take any action regarding which users can access or use the Services; what impact may the Content have on your life; how do you explain or use the Content; or actions you may take due to exposure to the Content. You exempt SimWorks from all liability arising from your access or use of the Services or the Content.
By using the Services or interacting with the Content or the platform in any way, you represent that you understand the inherent risks associated with the simulation system.
Except as expressly authorized by these Terms of Service, you agree to release and hold harmless SimWorks, and the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any losses, liabilities, damages, costs (including attorneys' fees and court costs), claims, or demands or suits of any kind whatsoever that result from or are caused by your improper use of the Services. Your breach of these Terms of Service, and any of your acts or omissions involving rights of publicity, defamation, or invasion of privacy, SimWorks will reserve the right to assume exclusive litigation and control of any matter for which you are required to indemnify SimWorks.
You acknowledge and agree that you take full responsibility for the use of the Website and the Services. You acknowledge and agree that any information you send or receive during the use of the Website and the Services may be unsafe and may be intercepted or obtained by any unauthorized party. You acknowledge and agree that you will bear the risk of using the Website and the Services. Recognizing this, you understand and agree that SimWorks shall not be liable for any direct, indirect, incidental, special, consequential, disciplinary, punitive or other damages, including but not limited to loss of profit, goodwill, use, data or other tangible or intangible losses, or any other strict liability based on contract, tort, website or service, or any other theory, to the maximum extent permitted by applicable law; using or failing to use the Website or the Services; unauthorized access or modification of your transmission or data; any third-party statement or action on the Website or Services; any action taken or not taken by us due to the communication you have sent us; human error; technical malfunction; fault, including utility or telephone interruption; any omission, interruption, delay, deletion or defect in any device or network, provider or software (including but not limited to those that are not allowed to participate in the Services); any injury or damage to computer equipment; unable to fully access the Website, the Services, or any other website; theft, tampering, destruction, or unauthorized access to images or any other type of content; processing delayed, incorrect, incomplete, or lost data; printing, printing or other errors, or any combination thereof; or any other matter related to the Website or the Services.
Some jurisdictions do not allow the exclusion of certain warranties or limitations or the exclusion of liability for incidental or indirect damages. Therefore, some of the above limitations may not apply to you.
SimWorks shall not be liable for any damage or potential virus infection caused to your computer, telecom equipment, or other property as a result of your access, use, or browsing of the Website or your downloads.
The Website, the Services, all the functions of the Website and the Services, and all the contents and all intellectual property rights shall belong to SimWorks or its licensors. You acknowledge and agree that the Services contain proprietary and confidential information protected by applicable intellectual property laws and other applicable laws. Unless expressly authorized by SimWorks, you agree not to copy, modify, lease, lend, sell, distribute, execute, display or create derivative works based on the Services or the Content in whole or in part.
Service providers or third parties may provide links to other accessible sites, applications or resources. Due to SimWorks' inability to control such websites, applications and resources, you acknowledge and agree that SimWorks will not be responsible for the availability of such external websites, applications, or resources, nor will it endorse any content, advertisement, product or any other material on or obtainable from such websites or resources. You further acknowledge and agree that SimWorks shall not be directly or indirectly responsible for any damages or losses caused or alleged to be caused by or related to the use of or reliance on any such content, goods or services.
If you violate these Terms, SimWorks may, at its discretion, terminate or suspend all or part of the Services and your access to SimWorks without further notice or liability. After you terminate your access, your right to use the Services will immediately terminate.
The following provisions of these Terms shall remain in effect after the termination of these Terms:
Indemnification; Warranty Disclaimer; Limitation of liability; Our Exclusive Rights; Termination; Binding Arbitration and Litigation.
You agree that, unless otherwise specified herein, these terms will not have third-party beneficiaries.
If you believe that your copyright or the copyright of someone authorized to act on your behalf has been infringed on the Website, please provide a written notice to SimWorks' copyright agent containing the following information:
The Parties hereto shall make every effort to directly resolve any dispute, claim, issue or difference, and engage in good faith negotiations. This shall be a condition for either Party to initiate litigation or arbitration.
If the Parties fail to reach a consensus on the initial dispute resolution clause, either Party hereto may initiate legal proceedings and file a lawsuit with the competent people's court in the place where these Terms are entered into. The signing place of this Agreement is Room 1603, Shandong Ocean Building, Hanyu Jingu, High-tech Zone, Jinan City, Shandong Province.
These Terms (as well as any additional terms, rules, and participation conditions published by SimWorks on the Website) constitute the entire agreement between you and SimWorks regarding the Services and supersede any prior oral or written agreement between you and SimWorks. If these Terms conflict with the additional terms, rules, and conditions of participation, within the scope of the conflict, the latter shall prevail.
SimWorks to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If a competent court with jurisdiction determines that any provision hereof is invalid, the Parties hereto agree that the court shall make efforts to make the intentions of the Parties hereto reflected in this provision and other provisions hereof effective, and these Terms shall remain in full force and effect.
These Terms contain the complete understanding between you and us regarding your access and use of the Services. These Terms supersede all previous agreements between you and us regarding your access and use of the Services.
The chapter titles herein are for convenience only and shall not have legal or contractual effect.
The user who has questions, complaints, or claims about the Website or the Services can use relevant information to contact us:
The products and services provided hereunder are operated by Shandong SimWorks Software Technology Co., Ltd., with a registered address at Room 1714 and 1715, Yuanyang Haichaohui West District, 6 Building, Tangye Street, Jinan City, Shandong Province and the contact phone number is 19805411994.
If you have any questions, suggestions or comments about these Terms, you can contact us with any of the following methods:
Email: info@simworks.net Customer service hotline: 19805411994
Working hours:
Monday to Friday: 09:00-12:00 13:00-18:00
If your phone call is not answered in a timely manner, you can leave a message, and the issue raised in your message will be resolved within the first working day.
