The present Terms of Service set forth the general terms and conditions of use of Cat® Simulators software and hardware supplied by Simformotion™ LLC to its Cat® Simulators Users and Customers, as well as the Services which may be contracted by Customers.
Subject to the terms and conditions of this Agreement, Simformotion™ LLC will grant you a non-exclusive, non-transferable, limited right and license to access and use a Cat Simulator(s) as made available by Simformotion LLC.
Use of the Simulator
If you are a User, you may access the contents and services which you have rented or purchased, but you may not re-sell, reproduce or publicly communicate such content and/or services or the results thereof. You are responsible for maintaining the confidentiality of the simulator license and access and for ensuring that they are not used by any third party. You agree to immediately notify Simformotion™ LLC of any unauthorized use of your license, or any other breach of security known to you. Additionally, if you choose to do so, you may access our Services and become a Customer by taking the appropriate steps indicated by our Account Managers, with your prior acceptance of the particular terms and conditions that shall apply to such Services.
Intellectual Property Rights
All Intellectual Property Rights of Simformotion™ LLC and Cat Simulators are the proprietary information of Simformotion LLC. Simformotion LLC has exclusive ownership of all enhancements, alterations, modifications, fixes, patches, workarounds and other additions to the simulation software and hardware. The brand, name and all Intellectual Property in and to the simulation software and hardware vests in Simformotion LLC and that nothing in this Agreement shall operate to transfer, or is intended to operate or transfer, any right, title or interest in or to the simulator software and hardware. All rights granted are limited to the specific provisions hereof and all rights not expressly granted in this Agreement are retained by Simformotion LLC. You shall not, directly or indirectly, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any relevant element of the software or hardware; (ii) modify, translate, or create derivative works based on the Software; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to use the relevant elements of the software or hardware; (iv) remove or alter any proprietary notices from the software or hardware or otherwise any reference to the Simformotion LLC or Caterpillar brands or name and you shall not otherwise rebrand or repackage any relevant element of the software or hardware; or (v) frame or mirror any content contained on, or accessible from, the software, or (vi) otherwise replicate or seek to replicate the functionality or look and feel of the software or hardware. In the improbable event that we become aware, by any means, of contents and/or services that may infringe the laws or these Terms and/or the applicable particular terms and conditions, or of the unlawful, unauthorized or fraudulent use, we reserve the right to take legal action.
Further to other undertakings set forth herein, as a User or Customer, as the case may be, you hereby agree to the following:
- You are responsible for obtaining and maintaining all computer hardware, software, communications equipment and/or services needed to access the hardware and software.
- You are solely responsible for your actions while using the software and hardware, any Services and the contents of the Cat Simulators web page.
- You will not upload or distribute in any way files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of the Cat Simulator.
- You will not use the software or hardware for illegal purposes.
- You will not upload, post, promote or transmit through the Cat Simulators’ computer any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature.
- You will not upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.
Governing Law and Jurisdiction
The present Terms are governed by and shall be construed under the laws of the United States of America. The courts of the city of Peoria, state of Illinois, shall have exclusive jurisdiction to resolve any dispute arising out of this Agreement or its interpretation. The Customer hereby expressly waives any other jurisdictions that may be deemed competent in accordance with international treatises or the applicable law.
Privacy and Security Policies
In case of any questions regarding the Terms of Service, please contact us.