TERMS & CONDITIONS

Definitions

  • Licensor: Finsimco Ltd, registration number: 12300845 and address: 24 Frans Hals Court, 87 Amsterdam Road, London, E14 3UX, UK;

  • Licensee: the organization which is the licensee of the Licensed Products as specified in the License Agreement;

  • License Agreement: the agreement regarding the Licensed Products as entered by the Licensor and Licensee.

Licensed Products

  • The Licensed Products consist of the following:

  • The use of the simulation selected by the Licensee;

  • The Licensor's educational train-the-trainer programme, which consists of:

  1. access to the facilitator flowchart which explains the simulation dynamics throughout the process;  

  2. access to admin panel;

  3. access to the user interface.

  • ​Ongoing Support. The Licensor shall respond to the Licensee within 24 hours after questions are asked.

  • The Licensor aims to innovate and improve the Licensed Products continuously. The Licensee shall be provided with the most recently released version at all times. The Licensor releases updates after tests have been conducted and any defects have been remedied.

Granting of License

  • The Licensor grants to the Licensee a non-transferable License to use the Licensed Products;

  • The Licensee hereby declares to be aware of the fact that the Intellectual Ownership Rights as regards the Licensed Products are and will remain the full property of the Licensor. The industrial and intellectual property of the Licensed Products have not been transferred, neither wholly nor partially, to the Licensee; 

  • The right of the Licensee to use the Licensed Products is limited to the Licensee only;

  • The Licensor grants the Licensed Products to the Licensee only for students and professionals agreed in the license agreement:

  1. The Licensee shall not facilitate a course with the Licensed Products to a group other than mentioned in the license agreement;

  2. The Licensee shall not provide access to anyone other than the group mentioned in the license agreement.

  • The Licensee is not entitled to alter, adapt, change or extend the Licensed Products, unless with the consent of the Licensor.

End User

  • The Licensed Products are intended for individual use per student connected to the Licensee. The Licensee shall procure that each student license is used by one individual student only. The Licensee shall procure that the student licenses are not transferred. The Licensee shall inform the students that the student license is non-transferrable. Furthermore, the Licensee undertakes to inform the Licensor if a student license is used by more than one student or others.

  • The Licensor reserves the right to revoke the access to the simulations of a student license in the case of presumed misuse of the Licensed Product.

  • In the case of misuse of the Licensed Product by a student, the Licensor may hold the Licensee liable in the case of damages to the Licensor.

 

Liability

  • The Licensor will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by the Licensee as a result of using the Licensed Product, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that general acceptable limitation of liability laws apply;

  • The Licensor does not warrant to the Licensee that the use of the Licensed Product will meet the expectations or requirements.

Duration and termination

  • The Licensee has access to the Licensed Products for the term agreed between in the License Agreement;

  • The Licensee agrees that it is the Licenser's sole discretion to suspend or terminate the Licensee's access to all or part the Services with or without notice and for any reason, including, without limitation, breach of the License Agreement or the T&Cs. Upon suspension or termination, the Licensee's right to use the Licensor's services will immediately cease, and the Licensor reserve the right to remove or delete any information, including any account or login information.​

Transfer of rights 

  • Neither party transfers to the other any Intellectual Property;

  • The Licensee agrees not to:

  1. copy, duplicate, reproduce, sell, trade, or resell the Licensor's simulation content;

  2. reverse engineer any simulation features into other systems;

  3. use the simulation case studies outside the License Agreement;

  4. share any information related to the simulation with any third party. 

  • The Licensee is responsible for any consequences, losses, or damages that the Licensor may directly or indirectly incur or suffer due to any unauthorized activities conducted by the Licensee, as explained above, and may incur criminal or civil liability.

Confidentiality 

  • “Confidential Information” means:

  1. For the Licensee:

    • information about Licensee's programmes and courses;

    • information about Licensee's management and internal processes;

    • information about identifiable individuals, third party suppliers or contractors;

    • this Agreement and the related pricing information;

    • other information the Licensor might receive from the Licensee marked as confidential. 

  2. For the Licensor:

    • Intellectual Property;

    • content and dynamics of the simulation,

    • gamification elements including assignments, departments managed and services provided;

    • the License Agreement and the related pricing information;

    • other information the Licensee might receive from the Licensor marked as confidential.

  3. Confidential Information of a party does not include information (other than information about identifiable individuals) that is:

    • lawfully in the public domain;

    • previously known to the receiving party free from any obligation to keep it confidential;

    • independently developed by a receiving party without any access to or use of Confidential Information of the disclosing party;

    • rightfully obtained by a receiving party from a third party lawfully in possession of the Confidential Information and who is not bound by confidentiality obligations to the disclosing party.

  • The parties will do their utmost to prevent third parties from acquiring confidential information of the other party in any way. This is not applicable if the disclosing party is forced by an authority or judicial authority competent thereto to disclose confidential information;

  • The Licensee undertakes towards the Licensor to observe full confidentiality with regard to any information the Licensee becomes aware of in the context of the performance of the License Agreement with regard to activities and the organisation of the Licensor, including all knowhow which is of importance with respect to the Licensed Products. This obligation is of unlimited duration with regard to the use and disclosure of any information, knowledge, knowhow and technological lead which the Licensor has designated as confidential;

  • The Licensee undertakes towards the Licensor to impose the abovementioned confidentiality obligation and its related prohibitions on all persons who work or shall be working for the Licensee, whether or not in employment;

  • The Licensor undertakes towards the Licensee to impose the abovementioned confidentiality obligation and its related prohibitions on all persons who work or shall be working for the Licensor, whether or not in employment.

Miscellaneous

  • The Licensor may alter these Terms if the Licensor sees fit. The latest version of these Terms apply to the License Agreement;

  • If the Licensor has intentions to alter these Terms significantly, the Licensor shall notify at least a month before the intended alterations, or as soon as possible;

  • In the case of a significant alteration in these Terms, the Licensee may terminate the License Agreement per the date of the alteration;

  • For the performance of the License Agreement and these Terms, Licensor may gather personal data. Licensor’s privacy policy applies for the data storage.