SimulTrain^® 12 - License Agreement & Data Privacy

System Requirements

The latest versions of SimulTrain 12 is compatible with the last 2 builds of Windows 10 and 11 64-bit and the two last builds of either Mozilla Firefox, Google Chrome or Microsoft Edge. Other operating systems and browsers may work, but you might not be able to use all of the features, graphical imperfections might occur, and our support and ability to help will be limited. Make sure JavaScript is turned on for your browser.

An active internet connection is required and we recommend an available bandwidth of at least 5 Mbps. We do not recommend connecting via Virtual Private Networks (VPNs), Proxies or thin-clients of any kind as our support and ability to help will be limited.

Compatibility with touch screen interfaces, screen-readers and any device other than a mouse and keyboard is provided as is. Currently SimulTrain 12 is not fully compatible with WCAG 2.1 due to the highly interactive nature of the product. A minimum screen resolution of 1024x768 is required.

License Agreement

Last update: 2023-06-15

This License Agreement ("Agreement") is entered into between Sauter Training & Simulation SA ("STS") and the Licensee ("User") for the use of the SimulTrain® software ("Software") version 12. By installing, accessing, or using the Software, the User agrees to be bound by the terms and conditions of this Agreement.

1. License Grant

   STS grants the User a non-exclusive, non-transferable license to use the Software in accordance with the terms and conditions set forth in this Agreement. This license is valid only for the license number provided by STS and is restricted to a team of 3 or 4 participants in a training environment.

2. Data Privacy

   1. No Individual Account Information: The User acknowledges that no individual accounts or login information are required to access the Software. The license key (8-digit number) provided by STS is solely for the purpose of running the simulation and does not require any personally identifiable information or private data of the participants.
   2. Non-Storage of Private Information: The User understands and agrees that the Software will not store or retain any private or personal information of the participants. All progress, scores, and reports generated during the simulation will be bound to the license number provided by STS, and no individual data will be collected or stored.
   3. No Sensitive Personal Information: You will not submit to the Software, or use the Software to collect, any Sensitive Personal Information.
   4. Data Retention Period: STS retains license data, including simulation progress, scores, and reports, for a period of at least 90 days after the completion of the simulation associated with the license. After the 90 days retention period, STS may archive the license data for record-keeping, statistical or analytical purposes, in accordance with applicable laws and regulations.

3. Age Restriction

   The use of the Software is restricted to individuals who are at least 18 years old, or the age of majority as determined by the laws of their respective countries. By installing, accessing, or using the Software, the User represents and warrants that they meet the minimum age requirement.

4. Demo Version

   1. Evaluation Purposes: The User may have access to a demo version of the Software for evaluation purposes. The demo version is provided on a limited basis and may have restricted features or capabilities.
   2. No Warranty: The User acknowledges that the demo version of the Software is provided "as is" without any warranty, and STS disclaims all warranties, whether express, implied, or statutory, regarding the demo version.
   3. Limited Use: The User agrees to use the demo version solely for evaluation purposes and not for any production or commercial use. The User shall not distribute, sell, lease, sublicense, or modify the demo version without the prior written consent of STS.

5. Trainers and TrainerDesk

   1. Separate Agreement: Trainers who use the complementary software TrainerDesk provided by STS are bound by a separate agreement with STS.
   2. Compliance: The User acknowledges that trainers using TrainerDesk are responsible for complying with the terms and conditions of their separate agreement with STS. The User understands that STS is not liable for any actions or omissions of trainers using TrainerDesk.

6. "Train The Trainer" Course

   1. Recommended Course: STS highly recommends that trainers complete a "Train The Trainer" course provided by STS or its authorized representatives. This course is designed to guide trainers on how to effectively use the Software, present it to learners, and address common questions and concerns.
   2. Basic Questions and Course Completion: If trainers have not completed the "Train The Trainer" course and repeatedly ask basic questions that could have been addressed in the course, STS reserves the right to pause their access to the Software's simulations until they have successfully completed the course.
   3. Course Availability: The "Train The Trainer" course may be offered online or in-person, and its availability, content, and associated fees, if any, will be determined by STS or its authorized representatives. Trainers are responsible for scheduling and completing the course at their own convenience.

7. Simulation Settings

   1. Initial Configuration: The simulation settings, including language, speed, and other parameters, are to be set at the beginning of each simulation. These settings are selected by the User or the designated trainer, and once the simulation is started, they cannot be changed.
   2. Importance of Selection: The User acknowledges and understands that the selection of simulation settings is crucial, as they determine the language, pace, and other aspects of the simulation experience. It is the responsibility of the User or the designated trainer to ensure that the desired settings are chosen before commencing the simulation.

8. Support

   1. Support Availability: Support for the Software is provided during STS' office hours and is available solely through the trainer designated by the User. Learners are not entitled to direct support from STS.
   2. Trainer Responsibility: The designated trainer is responsible for coordinating and facilitating support requests from the User and learners. The trainer will serve as the primary point of contact between the User and STS for any support-related inquiries.
   3. Extended Support: If the Trainer requires extended support or support outside of STS' office hours or on weekends, prior agreement must be obtained from STS for each specific case. Extended support may be subject to additional fees or terms as determined by STS.

9. License Fees and Related Expenses

   1. License Fees: The license fees paid by the User solely cover the access to one simulation of the Software. The license fees do not include any additional fees or expenses, including but not limited to fees for trainers, hardware, additional software, bandwidth, rent, travel expenses, or any other related costs.
   2. Separate Agreements: If the User requires services, materials, or support beyond the scope of the Software license, such as trainers, hardware, or additional software, the User and STS may enter into separate agreements specifying the terms, conditions, and associated fees for such services or materials.
   3. Responsibility for Expenses: The User acknowledges and agrees that any additional fees, expenses, or costs incurred by the User or related to the use of the Software, beyond the scope of the license fees, are the sole responsibility of the User. STS shall not be liable for any such fees or expenses incurred by the User.

10. License Expiry and Non-Refundability

    1. License Duration: The license provided by STS is valid for a period of 365 days from the date of issuance, unless otherwise specified.
    2. Unused Licenses: If a license remains unused and has not been activated within the 365-day period, STS reserves the right to remove the unused license from the User's account.
    3. Non-Refundability: The User acknowledges and agrees that once the license fee has been paid, it is non-refundable. In the event of license expiry, the User will not be eligible for any refund or compensation.
    4. Renewal and Extension: If the User wishes to continue using the Software after the initial license period expires, the User may contact STS to inquire about renewal or extension options, subject to availability and additional fees, as determined by STS.

11. Intellectual Property

    1. Ownership: The User acknowledges that STS retains all rights, title, and interest in and to the Software. This Agreement does not grant the User any ownership or intellectual property rights in the Software.
    2. Restrictions: The User agrees not to
       1. reproduce, modify, adapt or create derivative works of the Software;
       2. rent, lease, distribute, sell, sublicense, transfer or provide access to the Software to a third party;
       3. use the Software for the benefit of any third party;
       4. incorporate the Software into a product or service you provide to a third party;
       5. interfere with or otherwise circumvent mechanisms in the Software intended to limit your use;
       6. reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Products, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
       7. remove or obscure any proprietary or other notices contained in the Software;
       8. use the Software for competitive analysis or to build competitive products;
       9. publicly disseminate information regarding the performance of the Software; or
       10. encourage or assist any third party to do any of the foregoing.

12. Warranty and Disclaimer

    1. Warranty: STS warrants that the Software will perform substantially in accordance with its documentation under normal use. STS does not warrant that the Software will be error-free or that all defects will be corrected.
    2. Disclaimer: The Software is provided "as is" without any warranty, whether express, implied, or statutory. STS disclaims all other warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall STS be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or related to the use or inability to use the Software, even if STS has been advised of the possibility of such damages.

14. Termination

    1. Termination for Breach: STS reserves the right to terminate this Agreement if the User breaches any of its terms and conditions. Upon termination, the User must cease all use of the Software and destroy any copies in their possession.
    2. Consequences of Termination: In the event of termination, the User understands and agrees that they will no longer have access to the Software, and STS shall have no obligation to provide any further support or services.

15. Indemnification

    The User agrees to indemnify, defend, and hold harmless STS, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising out of or related to the User's use of the Software or any violation of this Agreement.

16. Modification of Agreement

    STS reserves the right to modify or update this Agreement at any time. Any changes or updates to the Agreement will be communicated to the User upon usage. Continued use of the Software after such modifications constitutes acceptance of the revised Agreement.

17. Severability

    If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the parties shall replace the invalid provision with a valid provision that achieves the original intent to the maximum extent possible.

18. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which STS is located, without regard to its conflict of law principles.