SIMMAP 1.5 Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE" AND DELETE THE SOFTWARE.

  1. General. The software accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "SIMMAP 1.5 Software") are licensed, not sold, to you by Jonathan P. Bollback ("JPB") for use only under the terms of this License, and JPB reserves all rights not expressly granted to you. The rights granted herein are limited to JPB's intellectual property rights in the SIMMAP 1.5 Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by JPB that replace and/or supplement the original SIMMAP 1.5 Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.


  2. Permitted License Uses and Restrictions. This License allows you to install and use the SIMMAP 1.5 Software. THIS LICENSE ONLY APPLIES TO ACADEMIC AND NON-PROFIT USE. For profit, which includes Commercial use ("COMERCIAL USE") or use that results in patents ("PATENT USE"), requires a seperate license from the author (see Term 7 below). THE SIMMAP SOFTWARE IS NOT INTENDED FOR USE IN PROVIDING EVIDENCE OR CONTRADICTING EVIDENCE IN A COURT OF LAW.


  3. Transfer. You may not rent, lease, or sublicense the SIMMAP 1.5 Software. All components of the SIMMAP 1.5 Software are provided as part of a bundle and may not be separated from the bundle and distributed.


  4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from JPB if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SIMMAP Software and destroy all copies, full or partial, of the SIMMAP 1.5 Software.


  5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SIMMAP 1.5 SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SIMMAP 1.5 SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JPB HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SIMMAP 1.5 SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JPB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SIMMAP 1.5 SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SIMMAP 1.5 SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SIMMAP 1.5 SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SIMMAP 1.5 SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JPB SHALL CREATE A WARRANTY. SHOULD THE SIMMAP 1.5 SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JPB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SIMMAP 1.5 SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.


  7. COMMERCIAL USE or PATENT USE End Users. The SIMMAP 1.5 Software is not licensed for COMMERCIAL USE or PATENT USE. COMMERCIAL USE or PATENT USE licenses and fees are required for use of SIMMAP 1.5 Software. Information pertaining to COMMERCIAL USE or PATENT USE, fees, and licensing may be obtained from JPB (email: help@simmap.com).


  8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the SIMMAP 1.5 Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by JPB. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.


  9. 3 March 2009