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Terms of Sales


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING SIMTRUM.COM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN, PLEASE DO NOT USE THIS WEB SITE.


SIMTRUM ("SIMTRUM Pte. Ltd.") offers this web site, simtrum.com (the "Site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Site. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. SIMTRUM may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. SIMTRUM reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.


Personal Use


The information provided by SIMTRUM on this Site is general in nature and provided for informational purposes only. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to SIMTRUM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.


Copyrights


As between you and SIMTRUM, SIMTRUM retains full copyright ownership, rights and protection in all material contained on the Site (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of SIMTRUM.


You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.


None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recording or otherwise), resold or redistributed without the prior written consent of SIMTRUM.


All content of the Site is Copyright ©1996-2024 SIMTRUM Pte. Ltd. All rights reserved.


Trademarks


SIMTRUM, the SIMTRUM logo, and other SIMTRUM company and product names referenced in the Site are either registered trademarks or trademarks or service marks of SIMTRUM Pte. Ltd. or its subsidiaries. Other company and product names may be the trademarks of the respective companies with which they are associated. The mention of such company and product names on this Site is with due recognition and without intent to misappropriate such names or marks. You may not use any marks appearing on this Site without the prior written consent of SIMTRUM or the third party owner of such mark. Your unauthorized use of such marks may constitute infringement, which could subject you to substantial civil penalties.


Privacy


You hereby acknowledge having read and agreed to all terms and conditions of SIMTRUM's Privacy Policy, which are hereby incorporated into these Terms and Conditions.


Links


The Site links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by SIMTRUM of the site, but is for your reference and convenience only. SIMTRUM has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does SIMTRUM recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any hyper-linked site.


Unless you are advised otherwise by SIMTRUM, you are not permitted to create hyperlinks to the content of the Site. You may, however, create a link from your personal computer or website to the SIMTRUM.com home page. You may not use any of SIMTRUM's trademarks, copyrights or proprietary logos, marks or other distinctive graphics, video or audio material in your links. You may not create a link in any manner reasonably likely to (i) imply affiliation with, or endorsement or sponsorship by, SIMTRUM, (ii) cause confusion, mistake or deception, (iii) dilute SIMTRUM's trademarks or service marks. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within SIMTRUM.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.


Use of Site Cookies


Use of SIMTRUM's web site requires the use of cookies on your workstation. The use of cookies is very limited, and is only for the purpose of establishing your correct pricing and country designation, and linking any of your online purchasing information, such as shipping and billing addresses with your session. SIMTRUM's use of Cookies in no way gathers or monitors any information about your usage of the site or any other browser activities. Cookie use is only for the purpose associating your session with your personal site settings which you have entered for your convenience and effective use of the site's tools.


Software Downloading


If you download software or drivers from this Site, use of such software and drivers is subject to the terms of SIMTRUM’s Software Samples and Drivers License Agreement. By downloading software and drivers, you expressly acknowledge that you have read and accept the terms and conditions set forth in the license agreement. Except for rights granted pursuant to such license agreement, SIMTRUM and/or its licensors reserve all intellectual property rights, title and interest in and to such software.


Submissions


If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, "Ideas"), the Ideas shall be deemed, and shall remain, the sole and absolute property of SIMTRUM. Except as set forth in our Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of SIMTRUM and SIMTRUM shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through SIMTRUM that (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (iii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any uploading, posting or submission.


Restricted to Adults


You must be at least 18 years of age to use this Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.


Password Disclosure; Password Protected Areas


If, at any time, you learn or suspect that your user identification number or password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify SIMTRUM via e-mail or in writing. Upon receiving such notice, SIMTRUM will assign a new user identification number and/or password to you within a reasonable period of time. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.


Forward-Looking Statements


This Site and documents or other information linked to this Site, including without limitation press releases and webcasts, contain forward-looking statements that are based upon current expectations and that involve risks and uncertainties. Without limiting the generality of the foregoing, words such as "may," "will," "expect," "believe," "anticipate," "intend," "could," "estimate" or "continue" or the negative or other variations thereof or comparable terminology are intended to identify forward-looking statements. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. Although SIMTRUM believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.


Disclaimer of Warranties


Neither SIMTRUM nor its employees, agents, partners, or licensors warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, SIMTRUM is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of SIMTRUM.


SIMTRUM does not assume any liability for the contents of any material provided on this Site. Reliance on any information presented on the Site is at your own risk. No agent or representative has the authority to create any warranty regarding the Site or products or services provided through the Site on behalf of SIMTRUM. SIMTRUM reserves the right to change or discontinue any aspect or feature of the Site, or any products or services mentioned on this Site, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.


You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of SIMTRUM. Accordingly, SIMTRUM assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.


WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. SIMTRUM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR SIMTRUM PRODUCTS OR SERVICES.


IF YOU HAVE ENTERED INTO OTHER TERMS AND CONDITIONS WITH SIMTRUM IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM SIMTRUM (THROUGH THE ON-LINE STORE, CATALOG OR OTHERWISE), PLEASE NOTE THAT SUCH TERMS AND CONDITIONS CONTAIN PROVISIONS DISCLAIMING WARRANTIES AND LIMITING LIABILITIES WITH RESPECT TO THE PRODUCTS SUBJECT THERETO, AND SUCH PROVISIONS ARE NOT SUPERSEDED BY THESE TERMS AND CONDITIONS.


Limitation of Liability


IN NO EVENT SHALL SIMTRUM, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE OR SECURITY AND PRIVACY BREACHES RELATED TO THE OBLIGATIONS OF SIMTRUM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMTRUM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIMTRUM SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED SGD ONE HUNDRED DOLLARS (S$100.00). Because some jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.


Indemnification


You agree to defend, indemnify and hold SIMTRUM, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions. SIMTRUM shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.




SIMTRUM respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to SIMTRUM's Copyright Agent listed below:


An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.



Termination


Termination of your use of the Site shall not affect any right or relief to which SIMTRUM may be entitled, at law or in equity. You agree that SIMTRUM may immediately terminate your use of the Site if SIMTRUM reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of SIMTRUM or any third party, or for any reason with or without notice to you. You agree that SIMTRUM may modify or discontinue the Site, with or without notice to you. You agree that SIMTRUM will not be liable to you or any third party as a result of such modification or discontinuation.


Attorney's Fees


If SIMTRUM takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions, including collection of damages or any amounts due hereunder, SIMTRUM shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys' fees and any costs of any litigation.



General Provisions


If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and SIMTRUM with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SIMTRUM with respect to the Site and the subject matter of these Terms and Conditions.


Survival


The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Choice of Law," and "General Provisions" will survive termination of these Terms and Conditions.


SIMTRUM Pte. Ltd.