YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD DISCONTINUE THIS TRANSMISSION AND DESTROY ALL COPIES OF THE SOFTWARE (AND ANCILLARY FILES) IN YOUR POSSESSION.
SINGLE-COMPUTER END USER SOFTWARE LICENSE AGREEMENT
1. Use the software only on a single computer. You must obtain a supplementary license from SIMULNET™ before using the software in connection with systems and multiple central processing units, computer networks or emulations on mainframe or minicomputers.
2. Copy the software into any machine readable form for backup purposes in support of your use of the software on the single computer.
This software is protected by Canadian copyright law. You must reproduce the SIMULNET™ copyright notice on any copy of the software you make or distribute.
YOU MAY NOT REVERSE COMPILE, DISASSEMBLE, NETWORK, RENT, LEASE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART. YOU MAY NOT MODIFY NOR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE IN WHOLE OR IN PART. YOU UNDERSTAND THAT UNAUTHORIZED REPRODUCTION OF COPIES OF THE SOFTWARE OR UNAUTHORIZED TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.
SIMULNET™ reserves all rights not expressly granted to you.
Term
The license is effective until terminated. You may terminate it at any time by destroying the software together with all copies. The license will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any of the terms or conditions of this Agreement. You agree upon such termination to destroy all copies of the software.
Disclaimer of Warranty
The software is provided "as is" without warranty of any kind, either express or implied, with respect to its merchantability or its fitness for any particular purpose. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you (and not SIMULNET™ or an SIMULNET™ authorized representative) assume the entire cost of all necessary servicing, repair or correction.
SIMULNET™ does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free or that defects in the software will be corrected.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Export Law Assurances.
You agree and certify that neither the Software nor any other technical data derived from SIMULNET™, nor the direct product thereof, will be exported outside Canada except as authorized and as permitted by the laws and regulations of Canada. If the Software has been rightfully obtained by outside of Canada, you agree that you will not re-export the Software nor any other technical data received from SIMULNET™, nor the direct product thereof, except as permitted by the laws and regulations of Canada and the laws and regulations of the jurisdiction in which you obtained the Software.
Limited Warranty on Media.
If the Software was ordered, or purchased directly from SIMULNET™, then SIMULNET™ warrants the diskettes and\or compact disc on which the Software are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. SIMULNET™’s entire liability and your exclusive remedy will be replacement of the diskettes and\or compact disc not meeting SIMULNET™’s limited warranty and which is returned to SIMULNET™ or an SIMULNET™ authorized representative with a copy of the receipt. SIMULNET™ will have no responsibility to replace a disk\disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISKETTES AND\OR COMPACT DISK, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Limitation of Remedies
In no event will SIMULNET™ be liable to you for any lost profits, lost savings or other incidental, special or consequential damages arising out of the use of or inability to use any software even if SIMULNET™ or an authorized SIMULNET™ representative has been advised of the possibility of such damages, or for any claim by any other party.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
SIMULNET™'s liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.
General
This Agreement, if any attempt to network, rent, lease, or sublicense the software, or, except as expressly provided in this Agreement, to transfer any of the rights, duties or obligations under this Agreement, becomes void.
The Agreement will be construed under the laws of the Province of Ontario, except for that body of laws dealing with conflict of laws. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
