SIMPRIT PTE LTD
IMPORTANT-READ CAREFULLY: This SIMPRIT PTE LTD End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SIMPRIT PTE LTD. for the SIMPRIT PTE LTD software product identified above, which includes "online" or electronic documentation (together, the "SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, simply destroy all copies of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
SOFTWARE PRODUCT LICENSE
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. You may use one copy of the SIMPRIT PTE LTD Software Product identified above on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (e.g., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
b. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
2. UPGRADES. If the SOFTWARE is an upgrade you may use that upgraded product only in accordance with this EULA.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by SIMPRIT PTE LTD. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make copies of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the SOFTWARE PRODUCT.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. SOURCE CODE EDITION licensees may modify the SOFTWARE PRODUCT in accordance with Section SOURCE CODE EDITION LICENSE.
b. No Separation of Components. The SOFTWARE PRODUCT is licensed as a single product and neither the software programs making up the SOFTWARE PRODUCT nor any UPDATE may be separated for use by more than one user at a time.
c. Rental. You may not rent or lease the SOFTWARE PRODUCT.
d. Software Transfer. You may not sell, assign, or transfer the SOFTWARE PRODUCT.
e. Termination. Without prejudice to any other rights, SIMPRIT PTE LTD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
5. REDISTRIBUTABLE COMPONENTS.
a. Sample Code. In addition to the license granted in Section 1, SIMPRIT PTE LTD grants you the right to use and modify the source code version of those portions of the SOFTWARE which are identified in the documentation as the Sample Code (the "SAMPLE CODE"), provided you comply with Section 5.c. You may not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.
b. Redistributable Files. In addition to the license granted in Section 1, SIMPRIT PTE LTD grants you a nonexclusive, royalty-free right to reproduce and distribute the byte code version (.class and .jar files) of the SOFTWARE PRODUCT (collectively, "REDISTRIBUTABLES"), with the exception of the maptool2.jar file which may not be redistributed, provided you comply with Section 5.c.
c. Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to:
(i) Distribute the REDISTRIBUTABLES in byte code form (.class and .jar files) only in conjunction with and as a part of your software application product which adds SIGNIFICANT AND PRIMARY functionality, provided your software application is licensed to the final end user and not to software programmers developing applications for redistribution. You may not redistribute the REDISTRIBUTABLES integrated, bundled, combined, or otherwise associated with a development environment (IDE), compiler, development tool, or library for computer programmers. (ii) not document any part of the REDISTRIBUTABLES (iii) Not permit further distribution of the REDISTRIBUTABLES by your end user. (iv) Not use SIMPRIT PTE LTD's name, logo, or trademarks to market your software application product. (v) Include a valid copyright notice on your software product. (vi) Indemnify, hold harmless, and defend SIMPRIT PTE LTD from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product.
Contact SIMPRIT PTE LTD for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLES.
6. THE SOFTWARE PRODUCT CONTAINS SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
SOURCE CODE EDITION LICENSE
In addition to the license granted in Section SOFTWARE PRODUCT LICENSE, licensees of the SOURCE CODE EDITION of the SOFTWARE PRODUCT are bound by the following terms:
1. Confidentiality. The SOFTWARE and source code is confidential and proprietary information of SIMPRIT PTE LTD ("Confidential Information"). Licensee agrees not to disclose such Confidential Information.
2. Source Code. SIMPRIT PTE LTD source code is not redistributable. However SIMPRIT PTE LTD grants you the right to use, modify, and recompile the java source code of the class libraries. All modifications made to the source code must be confidential and proprietary.
3. Distribution. Source licensees are bound by the following terms:
a. Redistributable Files. SIMPRIT PTE LTD grants you a royalty-free right to reproduce and distribute the byte code version (.class and .jar files) resulting from compiling the modified source code. (collectively, "REDISTRIBUTABLES"), provided you comply with sub-section b below (Redistribution Requirements). You MAY NOT redistribute any of the source code.
b. Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to:
(i) Distribute the REDISTRIBUTABLES in byte code form (.class and .jar files) only in conjunction with and as a part of your software application product which adds SIGNIFICANT AND PRIMARY functionality, provided your software application is licensed to the final end user and not to software programmers developing applications for redistribution. You may not redistribute the REDISTRIBUTABLES integrated, bundled, combined, or otherwise associated with a development environment (IDE), compiler, development tool, or library for developers. (ii) not document any part of the REDISTRIBUTABLES (iii) Not permit further distribution of the REDISTRIBUTABLES by your end user. (iv) Not use SIMPRIT PTE LTD's name, logo, or trademarks to market your software application product. (v) Include a valid copyright notice on your software product. (vi) Indemnify, hold harmless, and defend SIMPRIT PTE LTD from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product.
Contact SIMPRIT PTE LTD for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLES.
MISCELLANEOUS
Should you have any questions concerning this EULA, or the licensing of redistributables, you may contact SIMPRIT PTE LTD by e-mail at sales.at.simprit.com
LIMITED WARRANTY
LIMITED WARRANTY. EXCEPT FOR ALL PRE-RELEASE EDITIONS, WHICH ARE DISTRIBUTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, SIMPRIT PTE LTD WARRANTS THAT THE SOFTWARE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. DUE TO THE NUMEROUS POSSIBLE HARDWARE AND SOFTWARE CONFIGURATIONS, THIS WARRANTY IS LIMITED TO THE TESTED CONFIGURATIONS SPECIFIED IN THE INSTALLATION DOCUMENTATION. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT are limited to ninety (90) days.
CUSTOMER REMEDIES. SIMPRIT PTE LTD's entire liability and your exclusive remedy shall be, at SIMPRIT PTE LTD's option, either (a) return of the price paid, or (b) fixing of the SOFTWARE PRODUCT that does not meet SIMPRIT PTE LTD's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer
EXCEPT AS PROVIDED ABOVE, SIMPRIT PTE LTD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE PRODUCT. SHOULD THE PROGRAM PROVE DEFECTIVE, THE PURCHASER ASSUMES THE RISK OF PAYING THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL SIMPRIT PTE LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF SIMPRIT PTE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
