Definitions and key terms

Met Simulation Private Limited hereby grants you access to its Website and invites you to evaluate and/or purchase the product/services offered on this Website.
To help explain things as clearly as possible in this End user license agreement (here in after referred as “Eula” or “Agreement”), every time any of these terms are referenced, are strictly defined as:
Cookie : small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company :  when this Agreement mentions “Company,” “we,” “us,” or “our,” it refers to Met Simulation Private Limited, having registered office at JILLEL GUDA HYDERABAD TS 500097 INDIA that is responsible for your information under this Agreement.
Country : In this case it is India.
Service(s) : refers to the service provided by Met Simulation as described in the relative terms (if available) and on this platform or the Website.
You: : a person or entity that is registered with Met Simulation or the Website to use the Services.
Website : Met Simulation’s site, which can be accessed via this URL: www.metsimulation.com

Access Rights

(1) Subject to the terms of this Agreement and, if applicable, those terms provided in the applicable statement of work Met Simulation grants you a limited, non-exclusive, access to use the evaluation version of the Website and/or Services on for a trial period of thirty (30) days (“Evaluation Period”).
(2) Post the expiry of the Evaluation Period the paid services shall start and you need to pay the required fees as per the details mentioned on the Website and to continue receiving updates and new features that become available if you continue to use post Evaluation Period.

Restrictions

You agree not to, and you will not permit others to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Met Simulation or its affiliates, partners, suppliers or the licensors without obtaining prior written consent from Met Simulation.

Confidential Information and Data Privacy

Parties recognize that, by virtue of this Agreement, you will be given and have access to specialized technical know-how, information, data and other confidential, non-public and proprietary information (“Confidential Information”) of the Company. You further acknowledge and undertake not to divulge or communicate to any person (unless required by law or by any regulation or by any governmental authorities or with proper authority) or use or exploit for any purpose whatever, any of the Confidential Information of the Company which you may receive or obtain as a result of entering into this Agreement or availing Services, and you shall use your reasonable endeavour to prevent your organisation (if applicable) from doing so. This obligation and restriction shall continue to apply without limit in point of time but shall cease to apply to information or knowledge which may properly come into the public domain through fair means.
Both Parties shall comply with the provisions and obligations imposed by the data protection laws wherever applicable. Each Party acknowledges that the Confidential Information may include personal data which is subject to the General Data Protection Regulation (EU) (2016/679), the Data Protection Act 2018 or other applicable local privacy laws of that country. Accordingly insofar as the Confidential Information comprises personal data which is subject to the General Data Protection Regulation (EU) (2016/679) and the Data Protection Act 2018 or applicable privacy laws ("Personal Data"), both Parties undertake not to process any Personal Data, whether by holding, maintaining, manipulating or disclosing it (other than to its professional advisers) or carrying out any operations in relation to it or otherwise, other than in accordance with any relevant codes of practice issued by the Information Commissioner. In addition, both Parties undertake not to transfer any of the Personal Data, whether on-line or off-line, to any country outside the UK or the European Economic Area (EEA) unless such Party does so in compliance with the General Data Protection Regulation (EU) (2016/679), the Data Protection Act 2018 or applicable Privacy Laws.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Services that are otherwise owned by Met Simulation shall always remain the exclusive property of Met Simulation (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any organisation) a license to Met Simulation’s" Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use Met Simulation’s" Intellectual Property Rights, solely as part of the Services (and not independently of it), and only for the effective term granted to you hereunder. Accordingly, your use of any of Met Simulation s" Intellectual Property Rights independently of the Services or outside the scope of this Agreement shall be considered an infringement of Met Simulation’s" Intellectual Property Rights. This shall not limit, however, any claim Met Simulation may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all information (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Met Simulation reserves and shall retain all rights, title, and interest in the Services, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating thereto.
You (or the organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Services.

Feedbacks

Any feedback, comments, ideas, improvements or suggestions (collectively, "Feedbacks") provided by you to Met Simulation with respect to the Website and/or Services shall remain the sole and exclusive property of Met Simulation. Met Simulation shall be free to use, copy, modify, publish, or redistribute the Feedbacks for any purpose and in any way without any credit or any compensation to you.

Modifications to the Website or Services

Met Simulation reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services to which it connects, with or without prior notice and without any liability to you.

Updates to Services

Met Simulation may from time to time provide enhancements or improvements to the features/ functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Services. You agree that Met Simulation has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you except as mentioned in this Agreement or any applicable statement of work executed between the Parties.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to the terms and conditions of this Agreement. If you fail to install Updates and the Services do not perform as described, we shall not be responsible for such non-performance or any third party intellectual property rights infringement which may have avoided by installing such Update. We may charge you to install Updates if you fail to do so for two (2) consecutive Updates.

Third-Party Services

The Website may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that Met Simulation shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Met Simulation does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

Indemnification

You agree to indemnify, defend and hold harmless Met Simulation and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Website and/or Services; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of the terms of this Agreement; or iv) your agreement or relationship with an organisation (if applicable) or any third party. Furthermore, you agree that Met Simulation assumes no responsibility for the information or content you submit or make available through this Website or the content that is made available to you by third parties.

Disclaimer for Warranties

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MET SIMULATION, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND/OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MET SIMULATION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, MET SIMULATION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED IN THE SERVICES; (II) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR E- MAILS SENT FROM OR ON BEHALF OF MET SIMULATION ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.
" Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. "

Limitation of Liability

Notwithstanding any damages that you might incur in connection with this Agreement, the Website or Services, the entire liability of Met Simulation and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Services.
In no event shall Met Simulation or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Agreement), even if Met Simulation or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be modified or deleted and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power of such Party. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you, access the Website, or use the Services. Therefore, we encourage you to review this Agreement regularly available on the Website.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access the Website or use the Services.

Governing Law

The laws of India, excluding its conflicts of law rules, shall govern this Agreement and your use of the Website and/or Services. Your use of the Services or access to the Website may also be subject to other local, state, national, or international laws.

Independent Agreement

No provision of this Agreement, or any part of relationship between you and Met Simulation, is intended to create nor shall they be deemed or construed to create any relationship between you and Met Simulation other than that of and end user of the services provider.

Equitable Relief

You acknowledge and agree that your breach of the terms of this Agreement or any other applicable term available on the Website would cause Met Simulation irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Met Simulation may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.

Geographic Restrictions

The Company is based in India and provided for access and use primarily by persons located in India, and is maintains compliance with India laws and regulations. If you use the app from outside India, you are solely and exclusively responsible for compliance with local laws.

Limitation

Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within twelve (12) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Entire Agreement

This Agreement constitutes the entire agreement between you and Met Simulation regarding your use of the Services and access to the Website and supersedes all prior and contemporaneous written or oral agreements between you and Met Simulation.
You may be subject to additional terms and conditions that apply when you use or purchase other Met Simulation’s" services, which Met Simulation will provide to you at the time of such use or purchase.

Force Majeure

Any delays in or failure of performance by Met Simulation under this Agreement shall not constitute default hereunder if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of the Company including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage, government declared pandemic, etc.

Contact Us

Don't hesitate to contact us if you have any questions about this Agreement.
-Via Email: info@metsimulation.com -Via this Link: contact us