This is a legal agreement between you, the end user and SIMIS.
1. GRANT OF LICENSE - This SIMIS License Agreement permits you to use one copy of the SIMIS software product acquired with this License ("SOFTWARE") on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computer is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licences. If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
2. COPYRIGHT - The SOFTWARE is owned by SIMIS or its suppliers and is protected by United Kingdom copyright laws, international treaty provisions, and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book) except that if the software is not copy protected you may either (a) make one copy or the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the Product manual(s) or written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS - You may not rent or lease the SOFTWARE, but you may transfer your rights under this SIMIS License Agreement on a permanent basis provided you transfer all copies of the SOFTWARE and all written materials, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, de-compile or disassemble the SOFTWARE. Any transfer must include the most recent update and all prior versions.
LIMITED WARRANTY
LIMITED WARRANTY - SIMIS warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt; and (b) any SIMIS supplied hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to 90 days and one (1) year, respectively, or the shortest period permitted by applicable law, whichever is greater.
CUSTOMER REMEDIES - SIMIS's entire liability and your exclusive remedy shall be at SIMIS's option, either (a) return of the price paid of (b) repair or replacement of the SOFTWARE or hardware that does not meet SIMIS's Limited Warranty and which is returned to SIMIS with a copy of your receipt. this Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
NO OTHER WARRANTIES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMIS DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT OT THE SOFTWARE, THE ACCOMPANYING PRODUCT MANUAL(S) AND WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. THE LIMITED WARRANTY CONTAINED HEREIN GIVES YOU SPECIFIC LEGAL RIGHTS.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMIS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SIMIS PRODUCT, EVEN IF SIMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE SIMIS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
This agreement is governed by the laws of England.
Should you have any question concerning this Agreement, or if you desire to contact SIMIS for any reason, please use the address enclosed in this product to contact the SIMIS subsidiary serving your country or write to : Simis House, 90 Meadrow, Godalming, Surrey, GU7 3HY.
