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SimpServer test releases License Agreement
This Agreement sets forth the terms and conditions under which test releases
(also called beta versions) of the software known as SimpServer will be licensed
by Secway SARL ("Secway") to you ("Licensee") for the duration of the test
period.
IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR
DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE
"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE
DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-
ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE
THE SOFTWARE.
Terms of the license agreement
1. LICENSE AGREEMENT. This license agreement governs the obtaining, use,
duplication, distribution, and modification of the Product and its package. Use,
duplication, distribution or modification of the Product and its package implies
the acceptation of this license agreement.
2. LICENSE GRANT.
a. Secway grants Licensee a non-exclusive and non-transferable license to
reproduce and use for personal purposes the executable code version of the
Product for the duration of the test period, provided any copy must contain all
of the original proprietary notices.
b. This license does not entitle Licensee to receive from Secway hard-copy
documentation, technical support, telephone assistance, or enhancements or
updates to the Product.
c. Licensee may not customize the Product unless he has received a written
agreement from Secway. In this case, the exact terms and extends of this
customization are to be found in the written agreement.
d. Licensee may not redistribute the Product unless for personal or
internal business purposes. Redistribution must be free except possibly for
media or bandwidth costs, and redistributed files must be the original package
as obtained from Secway, without any modification. Distribution of the Product
or its package aggregated with other programs as part of a larger (possibly
commercial) software distribution may be permitted by a written agreement from
Secway. Such distribution is also governed by terms of this license agreement
plus amendments possibly made by the written agreement.
3. RESTRICTIONS.
a. Except as otherwise expressly permitted in this Agreement, Licensee may
not:
i. modify or create any derivative works of the Product or documentation,
including translation or localization
ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer rights to the Product
iii. remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Product
iv. publish any results of benchmark tests or evaluation or reverse
engineering (see below) run on the Product to a third party without Secway's
prior written consent, which cannot be refused without any valid reason.
b. Decompilation, disassembly, reverse engineering or any attempt to derive
the source code for the Product is allowed for personal verification purposes
only.
4. FEES.
a. There is no license fee for the Product.
b. If Licensee wishes to receive the Product on media, there may be a small
charge for the media and for shipping and handling. Licensee is responsible for
any and all taxes.
5. TERMINATION.
a. Without prejudice to any other rights, Licensor may terminate this
Agreement 1) at the end of the test period, as fixed by Licensor and posted to
its Web site on the Internet or 2) if Licensee breaches any of its terms and
conditions. Upon termination, Licensee shall destroy all copies of the Product.
6. PROPRIETARY RIGHTS.
a. Title, ownership rights, and intellectual property rights in the Product
shall remain in Secway and/or its suppliers.
b. Licensee acknowledges such ownership and intellectual property rights
and will not take any action to jeopardize, limit or interfere in any manner
with Secway's or its suppliers' ownership of or rights with respect to the
Product.
c. The Product is protected by copyright and other intellectual property
laws and by international treaties.
d. Title and related rights in the content accessed through the Product is
the property of the applicable content owner and is protected by applicable law.
The license granted under this Agreement gives Licensee no rights to such
content.
e. The names Secway or Simp or SimpServer may not be used to endorse or
promote products derived from this software without specific prior written
permission.
7. DISCLAIMER OF WARRANTY.
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR
ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL
OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A
SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL
INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE
FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
CONTENT.
9. ENCRYPTION.
The Product containing encryption algorithms that may be forbidden by certain
legislations or in certain parts of the World, Licensee must ensure himself that
he has the legal right to import and/or use the Product. When redistributing
copies of the Product in accordance with 1. and 2., the Licensee shall also
ensure that he has the legal right to redistribute such copies, especially when
exporting them.
10. HIGH RISK ACTIVITIES.
The Product is not fault-tolerant and is not designed, manufactured or intended
for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the Product could
lead directly to death, personal injury, or severe physical or environmental
damage ("High Risk Activities"). Accordingly, Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for High Risk
Activities. Licensee agrees that Licensor and its suppliers will not be liable
for any claims or damages arising from the use of the Product in such
applications.
11. MISCELLANEOUS.
a. This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof.
b. This Agreement may be amended only by a writing signed by both parties.
c. Except to the extent applicable law, if any, provides otherwise, this
Agreement shall be governed by the laws of France.
d. If any provision in this Agreement should be held illegal or
unenforceable by a court having jurisdiction, such provision shall be modified
to the extent necessary to render it enforceable without losing its intent, or
severed from this Agreement if no such modification is possible, and other
provisions of this Agreement shall remain in full force and effect.
e. The controlling language of this Agreement is French. If Licensee has
received a translation into another language, it has been provided for
Licensee's convenience only.
f. A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, shall not waive such term or condition
or any subsequent breach thereof.
g. The provisions of this Agreement which require or contemplate
performance after the expiration or termination of this Agreement shall be
enforceable notwithstanding said expiration or termination.
h. Licensee may not assign or otherwise transfer by operation of law or
otherwise this Agreement or any rights or obligations herein except in the case
of a merger or the sale of all or substantially all of Licensee's assets to
another entity.
i. This Agreement shall be binding upon and shall inure to the benefit of
the parties, their successors and permitted assigns.
j. Neither party shall be in default or be liable for any delay, failure in
performance (excepting the obligation to pay) or interruption of service
resulting directly or indirectly from any cause beyond its reasonable control.
k. The relationship between Licensor and Licensee is that of independent
contractors and neither Licensee nor its agents shall have any authority to bind
Licensor in any way.
l. If any dispute arises under this Agreement, the prevailing party shall
be reimbursed by the other party for any and all legal fees and costs associated
therewith.
m. The headings to the sections of this Agreement are used for convenience
only and shall have no substantive meaning.
n. Licensor may use Licensee's name in any customer reference list or in
any press release issued by Licensor regarding the licensing of the Product
and/or provide Licensee's name and the names of the Product licensed by Licensee
to third parties.
[end.]
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