In addition to the End User License Agreement provided by Over the Sun, LLC (below), the National Geographic Terms of Service and Privacy Notice apply to the use of the National Geographic sponsored, SIMOC web-based application.
SIMOC END USER LICENSE AGREEMENT
SIMOC (“the Software Product”) and accompanying documentation is made available for free and is not sold. This Software Product is available only through a web portal, not as a download or CD. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Over the Sun, LLC and Arizona State University (collectively “OTS”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to use the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
The Software Product is developed as both a research and educational too. It provides the user capability to configure and then explore simulations of an off-world human habitat, such as those anticipated to be built on the Moon or Mars. While the Software Product incorporates data gathered from NASA and research institutions, the Software Product is not intended to be used to design a real habitat, but as an approximation for human, machine, and plant interactions. The Software Product is made available for free via licensed portals, universities, schools, and science centers.
This Agreement entitles you to use, for free, the Software Product by means of a web browser. This Agreement does not permit the installation of the Software Product on any platform. If you desire to host a SIMOC server, please contact Over the Sun, LLC by way of www.simoc.space
Restrictions on Transfer
Without first obtaining the express written consent of OTS, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use, Copy, and Alteration
The Software Product is made available as an educational resource for citizen scientists and classroom activities. You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for the Software Product. You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not attempt to interface with or use the Software Product server or server-side database through any means. You may not copy any part of the Software Product to your local computer, other than the configuration files and data as generated through the use of the Software Product.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY OTS, OTS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
OTS makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. OTS makes no warranty that operation of the Software Product will be secure, error free, gluten free, or free from interruption. OTS makes no warranty that the Software Product properly simulates an off-world habitat or that you will enjoy eating potatoes for a year.
You must determine whether the Software Product sufficiently meets your requirements for security and uniterruptability. You bear sole responsibility and all liability for any loss incurred during use of or due to failure of the Software Product. OTS will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device, including configuration and simulation data generated by the Software Product.
Under no circumstances shall OTS, its directors, officers, employees, or agents be liable to you or any other part for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind, including revenues or profits or loss of classroom time due to unruly students who’d rather be on Mars than listening to your lecture. To the extend that the application jurisdiction limits OTS’ ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is to simply stop using the Software Product. You agree to indemnify and hold OTS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Arizona, without regard to Arizona’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.