SimUText Policies

Refunds, Privacy and Other Legal Stuff

Last revision date: 04/2010

1. SimUText Refunds, Privacy, and Other Policies

1.a. Contact information

If you have questions or concerns regarding this statement, you should first contact SimBio through one of the following:

E-mail: support@simbio.com

Postal mail: SimBio, P.O. Box 399, Ithaca, NY 14851

Telephone: 617-314-7701

1b. Product being purchased

You are purchasing a subscription to a set of learning materials delivered through the SimUText system. The set of learning materials is customized for your class, and only those materials selected by the instructor of your class are available through this subscription. The subscription will last until the end of the school term during which your class is taking place. After that school term is over, you may continue to use the materials as long as it continues to operate on your computer, but you will not be eligible for any support, upgrades, or any other service from SimUText.

1.c. Privacy Policy

We recognize your privacy is important. Using SimUText requires that you share several pieces of information with us, including your name, student id number, and email address. We also collect credit card or bank information in order to charge you for your subscription although these are not stored on our system. We will never share any of this information with anyone outside of the company except with our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of assisting us in running our business. All such entities have agreed to appropriate confidentiality agreements and will operate under this same Privacy Policy. We will never sell or give your personal information to any other 3rd party, except as required by law or in order to perform functions related to operating SimUText.

Anyone who has provided personally identifiable information to SimBio can request access to that information by contacting SimBio Privacy through one of the previously listed options. SimBio will respond to such access requests within 30 days of the date the requestor submits them. If you ask SimBio to make changes to your personal information, we will use best efforts to investigate your concerns after we receive your request and make the necessary corrections, additions and/or deletions.

1.d. Security of Information

  • We protect all SimUText online transactions using the https standard or an equivalent level of encryption.
  • We do not store customer credit card numbers or bank account information. We do not make any use of Personal or Credit Card Information outside of what is needed to conduct business between our team and you. All information for charging you for your subscription is immediately sent to our credit card processor, using the secure https protocol, and never resides on our servers.
  • Other personal information is stored on our servers, which are only accessible through secure protocols.

1.e. Delivery of SimUText Materials

The SimUText client software is made available for electronic download as soon as the credit card purchase is successfully completed. Should you lose your copy of the SimUText client during your subscription period, you may download it again by logging into the student portal of SimUText.

1.f. Returns, Exchanges, and Refunds

You are purchasing a subscription to use the SimUText system and selected content within that system for the duration of your class. If you drop the class or for some other reason decide you do not want to use SimUText, you may cancel your subscription within 15 days of your purchase, or during the Add/Drop period of the term at your school, whichever is longer, but not to exceed the due-date for the last SimUText assignment for your class. If you cancel your subscription, all data you entered while using SimUText assignments under that subscription (answers to questions, highlighting and notes, and other user-entered data) will be erased. Your login information will be saved for future SimUText subscriptions you might make.

To cancel your subscription and request a refund, write to wssupport@simbio.com.

1.g. Transaction currency All transactions will be conducted in U.S. dollars.

2. General.

The software, documentation and any fonts accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "SimUText Software") are licensed, not sold, to you by SimBiotic Software for Teaching and Research, Inc. ("SimBio") for use only under the terms of this License, and SimBio reserves all rights not expressly granted to you. The rights granted herein are limited to SimBio's intellectual property rights in the SimUText Software and do not include any other patents, copyrights, or intellectual property rights. You own the media on which the SimUText Software is recorded but SimBio retains ownership of the SimUText Software itself. The terms of this License will govern any software upgrades provided by SimBio that replace and/or supplement the original SimUText Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

3. Permitted License Uses and Restrictions.

This License allows you to install and use the SimUText Software. You may make one copy of the SimUText Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the SimUText Software or any part thereof.

You may print the content, information, animations, simulations, data and display ("Content") of SimUText Software. However, any Content that is printed or otherwise exported remains subject to this Software License Agreement.

3a. Special Permitted Use for Institutions.

If you are an employee of an institution using SimUText, you may install the SimUText Software for use on multiple computers or over a network maintained by the institution to make it accessible to authorized users (students at the institution who have obtained access keys).

4. No Transfer.

You may not transfer, rent, lease, lend, redistribute or sublicense the SimUText Software.

5. Consent to Use of Student Data.

If you are a student, you agree that SimBio and its subsidiaries may collect, assess, use and report your input data to the SimUText Software in response to test or assessment questions or problems posed, with such input data and related information reported back to your educational institution. SimBio shall encrypt your input and reported data during transit using a variable length key of a minimum of 40-bits. You agree and accept this level of security for your input and reported data.

You also agree that SimBio and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SimUText Software and to verify compliance with the terms of this License. SimBio may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

6. SimBio Services.

This software enables access to SimBio's server which offers text, animations, simulations, testing and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.

By using this software in connection with a "Client" account, you agree not to hack or otherwise access SimBio's servers or Services except as authorized by this Software License Agreement and consistent with the Services to which you have subscribed or purchased.

You agree that the Services, including but not limited to graphics, video clips, animations, and editorial content, contain proprietary information and material that is owned by SimBio, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. Except as provided by this agreement, no portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

SimBio reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SimBio be liable for the removal of or disabling of access to any such Services. SimBio may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

7. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from SimBio if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SimUText Software and destroy all copies, full or partial, of the SimUText Software.

8. Limited Warranty on Media.

SimBio warrants the media on which the SimUText Software is recorded and delivered by SimBio to be free from defects in materials and workmanship under normal use for a period of one hundred forty (140) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at SimBio's option, a refund of the purchase price of the product containing the SimUText Software or replacement of the SimUText Software which is returned to SimBio or a SimBio authorized representative with a copy of the purchase receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO ONE HUNDRED FORTY (140) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

9. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SIMUTEXT SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIMUTEXT SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIMBIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SIMUTEXT SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF ACCURACY. SIMBIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SIMUTEXT SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SIMUTEXT SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SIMUTEXT SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBIO OR A SIMBIO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SIMUTEXT SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SIMBIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SIMUTEXT SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SIMBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SimBio's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for the SimUText Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Export Control.

You may not use or otherwise export or reexport the SimUText Software except as authorized by United States law and the laws of the jurisdiction in which the SimUText Software was obtained. In particular, but without limitation, the SimUText Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the SimUText Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

12. Government End Users.

The SimUText Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.  Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

13. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of Montana, as applied to agreements entered into and to be performed entirely within Montana between Montana residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

14. Complete Agreement; Governing Language.

This License constitutes the entire agreement between the parties with respect to the use of the SimUText Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use SimUText's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by SimUText. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.