Sharesim-interactive: Terms and Conditions

Terms and Conditions for a user's access to the Sharesim Website and for using its programs to analyse a project.

A project is defined as a questionnaire, as specified by a .qt or .qf file, which the user can access after being given access codes for that project, and that data that conforms to the format of the questionnaire defined in this .qt or .qffile.

Access to a project is granted to a user on the following terms only:

All fees due to Simalto Ltd. for a project are paid according to the terms agreed in writing for that project between Simalto Ltd and the User.
Simalto Ltd will do its best to fix any identified errors in the programs, after they have been notified of such, but does not guarantee that the programs are error free.
Simalto Ltd reserves the right to amend the programs as it thinks fit. If any changes affect previous project results, users of these projects will be notified of the likely impact of these changes on future analyses. Simalto Ltd will not necessarily keep active previous analysis programs, and their algorithms, when new or improved ones have superceded them.
While the Simalto Ltd programs do what they are supposed to do, Simalto Ltd accepts no responsibility for any analysis results they produce, or subsequent interpretation of these results, or consequential loss on the part of the user. Simalto Ltd accepts no financial liability whatsoever as a result of use or misuse of its programs, beyond that of the fee paid by the user for a specific project, the analysis performance of which is in dispute.
The user is responsible for keeping a backup of the data analysed by the Sharesim programs.
Access to a project which is accessible on the Sharesim Website is only granted to full-time employees of the user's company which has been given right of access, and to no other persons at all. If unauthorised persons are found to have been accessing a given project without Simalto Ltd written approval, then access to all users of the project may be denied. Users should therefore restrict dissemination of Sharesim access passwords on a need-to-know basis only, and only to employees of their own company.
If a user is working on a project on behalf of another company, Simalto Ltd will not normally withhold access from this other company to the project data it desires, and if the user agrees, at no extra cost apart from any necessary set-up time charges, at standard rates. However the other company must accept these terms and conditions of Sharesim Website access in its own right, in writing, directly with Simalto Ltd, before it may access the project.
A user is granted the rights to access a project for a period of up to three years from the date of set-up of the creation of the original passwords for that project. Extensions to this three year period need to be agreed in advance in writing if required, and further modest set-up time charges may be required for such an extension.
No company, or employee of a company given the right to use the Sharesim programs may themselves create, or in any way assist or encourage a third party to create derivative or competitive programs with similar market preference simulation capabilities to the Sharesim programs for a period of three years after the user's last documented use of the programs. If a breach of this condition can be proved to have occurred with consequential loss to Simalto Ltd. and without all reasonable steps having been taken by the users company to prevent such an occurrence, then Simalto Ltd has the right to compensation for this loss. The loss to be assessed through appropriate legal channels.
Constructive criticism of the Sharesim website and its program capabilities is welcomed. However Sharesim reserve the right to withdraw access to the programs from any user who is found to have misrepresented or maligned the programs in any way which can be shown to be unfair criticism. An independent arbiter, agreeable to Simalto Ltd., may be called upon to decide this issue if there is a dispute.
Simalto Ltd. may give written notice, of not less than 12 months, of the withdrawal of the facility of its creating new projects for analysis using its programs to any existing user of this service. This notice does not affect the rights of users to continue to analyse pre-existing projects for which they have paid.