• • Software as a Service (SaaS)
    • This Agreement sets forth the terms and conditions under which Applied DEM (The SERVICE PROVIDER) offers the CLIENT a one-time, non-exclusive license to use the hosted SaaS.
    • The only way to use this SaaS is to "ACCEPT" this agreement with a mouse click everytime a service is requested
    • The service provided is the processing phase of an engineering simulation.
    • The services include: automated cloud instance creation, upload of simulation model data, processing the simulation, temporary storage, and download of results files.
  
  
  • Rights
    • The SERVICE PROVIDER has full control over how the SOFTWARE operates on the cloud.
    • The SERVICE PROVIDER controls where the SOFTWARE is hosted.
    • The CLIENT has a license to use the services on the cloud. Each time the user clicks-through the agreement, this license is offered for that use and that use only.
    • The SERVICE PROVIDER has no rights to the information sent to the HOST COMPUTER by the CLIENT. Such information is the property of the CLIENT.
    
    
    • Data
      • SIMULATION DATA is generated by the CLIENT using the SOFTWARE provided by SERVICE PROVIDER. This CLIENT is solely responsible for and wholly owns the SIMULATION DATA. This data is uploaded to the HOST COMPUTER for processing by the service. The SERVICE PROVIDER makes no claim of ownership of the SIMULATION DATA.
      • RESULTS DATA is generated by the host computer, is temporarily stored on the HOST COMPUTER and is downloaded back to the CLIENT Computer. RESULTS DATA are wholly-owned by the CLIENT.
    
    
    • Payment
      • CLIENTs deposit money into an account using SOFTWARE on the CLIENT’s computer through a secure payment processing system or through purchase order if prior approved.
      • When the CLIENT requires the Services, an estimate of the Service’s cost will be given the user based on a time-estimate. The time estimate cannot be precise (see description of known causes for estimates being inaccurate) but will be the SERVICE PROVIDERs best estimate. The CLIENT will be presented with options to select the estimated run time of to authorize additional time in case they know their situation matches one of the known reasons for imprecise time estimates.
      • Users are always charged by the hour and use times will always be rounded up.
      • The cost of the simulation will be presented to the CLIENT by the SOFTWARE based on the execution time for this simulation as well as CLENT variables such as the type of SOFWARE License purchased, the total CLIENT hourly use on an annual basis or any other predetermined agreement between the CLEINT and SERVICE PROVIDER. The cost will vary from simulation to simulation and might vary from day to day at the sole discretion of the SERVICE PROVIDER.
      • The user must agree to these terms and conditions by checking “ACCEPT” prior to the services being initiated.
      • When the services are initiated, the amount equal to the agreed-to costs are placed on reserve. While the CLIENT’s balance does not change, the available balance is equal to the balance minus the reserve, preventing the user from overdraft in their account.
      • As the simulation runs, the agreed-to time estimate and costs are displayed in addition to the accrued costs. The accrued cost increases hour by hour.
      • Should the user choose to terminate a simulation at any time, the accrued amount will be subtracted from the amount placed on reserve for this simulation, and the remainder returned to the balance.
      • Should the simulation run to completion early, the accrued amount will be subtracted from the amount placed on reserve for this simulation, and the remainder returned to the balance.
      • Should the simulation continue to process until the agreed-to time, the simulation will be stopped by the service. The accrued amount will be equal to the amount placed on reserve for this simulation. The reserved amount is thus consumed, and nothing will be return to the account balance.
      • There are no warrantees expressed or implied that the processing time estimated or completed will provide the complete data set the CLIENT expects to download. The RESULTS DATA will only reflect the actual execution time agreed upon prior to using this service.
      • If the CLIENT requires more data from a completed simulation, a Restart can be performed from a completed simulation. For example, if the SOFTWARE estimates the simulation to complete in 2 hours and the CLIENT accepts that time and cost, the service is completed after 2 hours. If after review of the RESULTS DATA, the CLIENT does not get all the information they desire and wants to run for 2 more hours, the completed simulation can be Restarted and continued. However, because a restarted simulation is viewed as a new simulation, the new time estimate and costs are recalculated and must be accepted prior to submission.
    
    
    • Refunds
      • If an error occurs that is not the fault of the CLIENT, such as the SOFTWARE rejecting a command sent by the CLIENT that was not blocked by the SOFTWARE, causing an error on the Host Computer, the CLIENT will be immediately refunded whatever fees they were charged for the simulation. Errors like this generate no data because the SOFTWARE on the HOST COMPUTER checks the data for possible failures and throws these errors before the simulation starts. Our criteria for such an error is that the simulation has generated no data and has run less than 10 minutes (10 minutes allows the HOST COMPUTER a few minutes to be set up before launching the SOFTWARE ).
      • If a simulation runs longer than 10 minutes and starts generating download files and then stops due to an error or failure of the HOST COMPUTER, the simulation will end automatically. The user and will be able to download the data that was generated and will be charged for the time the simulation ran. The simulation can be restarted. No refund will be given automatically but a user may submit a refund request. Refunds will be given based upon the SERVICE PROVIDERs investigation of the specific situation and at the sole discretion of the SERVICE PROVIDER.
      • If the SOFTWARE generates obviously incorrect data, a user may submit a refund request. Refunds will be given based upon the SERVICE PROVIDERs investigation of the specific situation and at the sole discretion of the SERVICE PROVIDER. The user may have provided an impossible property, such as a negative length. The SOFTWARE can defend against some of these occurrences but it is impossible to defend against every possible bad price of input data and it is not the SERVICE PROVIDER’s responsibility to insure every input was sent by the user is appropriate. On the other hand, it may be determined that the hosted SOFTWARE performed a calculation incorrectly. Depending on the situation, and at the sole discretion of the SERVICE PROVIDER, a refund may be awarded.
    
    
    • Warranty
      • The simulation execution technology used in providing these services is developed and maintained by the CFDEM- Open Source project team under the following legal terms http://cfdem.dcs-computing.com/?q=node/40.
      • The SERVICE PROVIDER does not warrantee any RESULTS DATA as fit for a particular purpose.
      • The SERVICE PROVIDER is not responsible for decisions made based upon the RESULTS DATA.
      • The services are provided to offer information only. No warranty is expressed or guaranteed.
    
    
    • Storage
      • Users send a small amount of data to the HOST COMPUTER. This data is stored there while the simulation is being processed. The CLIENT-generated data is available for 15 days after the simulation has terminated. After 15 days, the data is destroyed without a backup.
      • Processed simulations can contain an enormous amount of RESULTS DATA. This RESULTS DATA is stored for 15 days after the simulation has terminated. After 15 days, the data is destroyed without a backup.
    
    
    • Availability
      • The SERVICE PROVIDER is dependent upon another organization for hosting the service.
      • The SERVICE PROVIDER will need downtime to improve the system, in addition to potential downtime required by the hosting organization.
      • The SERVICE PROVIDER is not responsible for the CLIENT’s lost time, lost opportunities, or lost business due to a lack of availability, whether scheduled or unscheduled.
    
    
    • Membership
      • SERVICE PROVIDER does not offer membership beyond the one-time license agreed to when the simulations are started.
    
    
    • Returns
      • If a CLIENT wishes, a refund of unused deposits may be returned to the CLIENT.
      • In the event that the CLIENT requests a refund of unused deposits, the account may be closed permanently at the SERIVCE PROVIDERS complete discretion.
    
    
    • Account Management
      • Only personnel employed by the SERVICE PROVIDER will be Administrators. Administrators can:
        • Create company records in the database
        • Create account records and link them to company records
        • Create user records and link them to company records
        • Designate users as Company Administrators
        • Increment or Decrement the account balance or reserve
      • If a user registers for an account through the SOFTWARE or through direct access of the registration page (not through invitation as outlined below), the user will be asked to supply company data, including name and address. A record for the company will be created, an account record will be created, and a user record will be created.
      • The user’s record will be linked to the account record, and the account record will be linked to the company record
      • The user record can be given Company Administrator privileges. Company Administrators can perform the following functions in relation to the company record to which they are linked:
        • Change data belonging to the company record.
        • Change account data belonging to the company record.
        • Unlink accounts from the company record.
        • Invite other users to create user records linked to an account linked to the company record.
        • Designate other users linked to the company record to co-act as Company Administrators
        • Reset a user’s password (their own or those of other users linked to the company record)
        • Change data in a user’s record (their own or those of other users linked to the company record)
        • Make deposits
        • Submit simulations
      • Users who register for an account through invitation are given User privileges. Users with User privileges can perform the following functions in relation to the account to which they are linked:
        • Reset their own password
        • Change data in their user record
        • Make deposits
        • Submit simulations
      • Technical Support
        • Email
        • Telephone
        • Web Meeting
      • Technical support personnel will be available between the hours of 8 am and 5 pm CST from the USA. (GMT – 6:00)