License Agreement
PLEASE READ ALL TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT CAREFULLY
BEFORE INSTALLING THE SOFTWARE.
This license agreement is an agreement between Simplexar Software (hereafter "the Company" or
"Simplexar") and you (a legal entity, or individual) for licensed use of relevant supplied software,
made available for download or installed as part of a service agreement (hereafter "the Software" or
"the Product"). By installing the software you agree to all terms and conditions as specified below. If
you do not agree with these terms and conditions you are not permitted to install the software, and
it should be immediately returned unmodified.
1. Grant of License
Simplexar Software grants you (as a legal entity, or individual) a non-exclusive license to make and
use copies of the software and accompanying documentation in accordance with the terms and
conditions below. Any rights granted are only effective upon payment of license fees where
applicable. The software is licensed not sold. You agree to take all necessary steps to ensure that
the terms and conditions of this agreement are not violated by you or by any person under your
service.
2. Copyright Notice
The software is owned by Simplexar Software and is protected by international copyright law and
international treaty provisions. The software and accompanying documentation contain propriety
information of Simplexar Software. All such information such remain the intellectual property of
Simplexar Software. You acknowledge that you have no right to use the software except as a
licensee, and as specified by this agreement.
The software must be treated like any other copyrighted material, such as a book or recordable
media, except that you may make one copy of the software solely for backup or archival purposes.
Placing a copy of the software on a storage device such as a network drive is permitted only for the
purposes of installing the software on local machines on an internal network, however each such
local machine must be separately licensed for the software. Without express prior permission you
may not make additional copies of the software or accompanying documentation.
3. Restricted Rights
The software is provided with a restricted set of rights. Your use of the software is restricted to the
terms of conditions of this license agreement. You may not transfer these rights to any third party.
You may not use, copy, modify, redistribute, license, lease or loan the software except as expressly
permitted by this agreement. In addition, you or any third party shall not attempt to translate,
reverse-engineer, decompile, disassemble or modify the software.
4. Term of Agreement
This agreement will remain in force until terminated. You may terminate this agreement at any time
by destroying all copies of the software and accompanying documentation. This agreement will be
invalidated if you fail to comply with any of the terms and conditions provided by the license. Should
the agreement be violated you agree to destroy all copies of the software and accompanying
documentation, and cease to distribute applications that include the software in any form.
5. Evaluation License
An evaluation license grants you the right to download and use a single copy of the software for
evaluation purposes for a period of 30 days. This is a non-exclusive, non-transferable license subject
to all terms and conditions of this agreement excluding clause 9 below. You are permitted to install
and use the software for evaluation purposes on a single non-server machine.
An evaluation license is granted solely for the purpose of evaluating the suitability of the software,
and does not permit any additional copies of the software to be made, except as specified by this
agreement. This license does not grant redistribution rights to the software. After the evaluation
period expires or in the event that the software is found to be unsuitable, you agree to uninstall the
software immediately and to destroy any additional copies.
6. Developer License
A developer license grants you the right to download and use a single copy of the software for
development purposes. This is a non-exclusive, non-transferable license subject to all terms and
conditions of this agreement excluding clause 9 below. You are permitted to install and use the
software for development purposes on a single non-server machine.
A development license is granted solely for the purpose of developing applications with the software,
by a single individual and does not permit any additional copies to made except as specified by this
agreement. This license does not grant redistribution rights to the software. If more than one
individual is to develop applications using the software, or if the software is to be deployed to a
server machine, or redistributed, then a separate non-developer license must be obtained.
7. Server License
A server license grants you the right to download and use a copy of the software for deployment to
a single designated server machine. A machine may be identified as a server according (but not
limited) to providing shared resources across an internal network or the internet, serving multiple
concurrent users across linked machines, or having a server operating system installed.
A server license is non-exclusive and non-transferable and is subject to all terms and conditions of
this agreement excluding clause 9 below. In addition to the above rights, a server license grants
two individuals the right to develop applications with the software each on a single non-server
machine. You are not permitted to make any additional copies of the software except as specified by
this agreement. This license does not grant redistribution rights to the software.
8. Enterprise License
An enterprise license is non-exclusive and non-transferable and is subject to all terms and conditions
of this agreement. This license is granted for use of the software at a single site, defined as a single
physical location affiliated with the licensee, with individuals referring to employees or associates at
that site and in the service of the licensee entity. An enterprise license grants you the right:
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for up to 8 individuals at the same site to develop applications with the software, each on a
single non-server machine.
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to deploy the software to multiple server machines physically located at the site, each under
the restrictions of the server license above.
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to redistribute the software royalty free, strictly in accordance with the redistribution rights
specified in clause 9 below.
You are not permitted to make additional copies of the software except as specified by the terms
and conditions of this agreement.
9. Redistribution Rights
Certain portions of the software may be marked as redistributable. These include (but are not
limited to) any complied binary files that are designed to be used as part of the application. All
accompanying documentation and example source code is strictly non-redistributable. Should this
license agreement grant you redistribution rights, you are provided with a royalty-free right to
distribute and use the software provided that:
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you only distribute those portions of the software that are marked as redistributable.
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you distribute and use portions of the software only as part of your own developed user
application, in conjunction with the binary files that make up your software product.
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any application that makes use of Simplexar Software products, or any other application or
service that you may provide or distribute may not, in the opinion of Simplexar, compete
with any Simplexar product or service.
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your application's primary purpose may not overlap with the purpose of the software.
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your application must add significant and primary functionality to the software.
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you do not document, expose, or make public the software interface.
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your application end users are strictly prohibited from redistributing the software
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your application end users are strictly prohibited from using the software interface directly.
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you do not use the Simplexar company name or logo, or any Simplexar product names or
logos to market or promote your application, without express prior permission.
Should you be permitted to redistribute the software, you agree to enforce all of the terms and
conditions above. Failure to enforce these conditions will constitute an unlawful use of the software,
and you will be prosecuted to the maximum extent under law.
If this agreement grants you a redistribution license, you are encouraged to contact Simplexar
Software before deployment for more information on your specific redistribution rights. Contact
information may be obtained at the company's website at www.simplexar.com.
10. Product Upgrades
From time to time Simplexar Software may provide upgrades to the software product. If a software
package is designated as an upgrade, you must be licensed as eligible for the upgrade in order to
use the software. You may only use the resulting upgraded product strictly in accordance with the
terms and conditions of this license agreement. If the upgrade effects or modifies only a part or
portion of the software, you may only use the product as a single application. In addition, any such
upgrade may not be redistributed without express prior permission.
11. Limited Liability
Simplexar Software provides no warranty for use of the software to the maximum extent permitted
under law. Simplexar Software waives all other warranties, either express or implied, including but
not limited to implied warranties of merchantability or fitness for a particular purpose.
To the maximum extent permitted under law, Simplexar Software shall in no event be liable for any
damages whatsoever arising from the use or inability to use the software, even if Simplexar has
been advised of the possibility of such damages. Such damages include, but are not limited to,
damages for loss of business profits, business interruption or loss of continuity, loss of business
information or any other financial loss.
12. General Provisions
Simplexar Software's ownership of the Software, intellectual property rights and limitations of
liability shall remain in force after the termination of this agreement. Except where specified above,
if one or more terms or conditions of this agreement are found to be unenforceable under law, this
agreement shall as a whole not be invalidated, and the remaining terms and conditions shall
continue to remain in force.