SimPhonics Software License Agreement (Single User Products)
Note: The Software License Agreement is only valid when sent from SimPhonics with delivery data, order number and project number. The web page is for reference ONLY.
1. GRANT OF LICENSE. SimPhonics grants to you the right to use one copy of the enclosed SimPhonics software program on a single system computer. This "software" is in use on the system when installed into permanent memory (e.g. hard disk, removable hard disk, CD-ROM, or other storage device) on that computer.
2. COPYRIGHT. The "software" is owned by SimPhonics, Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the "software" like any other copyrighted material. You may make one copy of the "software" solely for backup or archival purposes.
3. OTHER RESTRICTIONS. You may not rent or lease the "software", but it may be transferred with accompanying written materials on a permanent basis provided you retain no copies, and recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the "software". If the "software" is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. APPLICATION SPECIFIC SOURCE CODE. SimPhonics grants you a nonexclusive royalty-free right to use and modify the application specific source code with the use of this software package. Upon acceptance of the system the user accepts all responsibility for modifications and agrees to indemnify and defend SimPhonics against any claims or lawsuits, including attorney's fees, that arise or result from the use, modification, or distribution of our "software" product.
LIMITED WARRANTY & SUPPORT
1. WARRANTY. SimPhonics warrants that the "software" will perform substantially in accordance with the accompanying written materials for a period of 12 months from the date of shipment. The warranty and support period for each item does not cover V+ application designs or purchased labor hours for engineering support performed by SimPhonics.
2. MAINTENANCE CONTRACTS. Note that additional warranties (in 12 month increments) and support or “maintenance contracts” are available at additional costs if desired. Contact SimPhonics for guidelines and quotes if desired.
3. REMEDIES. SimPhonics entire liability shall be, at SimPhonics' option, the return and repair or replacement of the hardware or "software".
NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS.
SIMPHONICS, INC. HAS NO LIABILITY FOR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE INABILITY TO USE THE PRODUCT.
U.S. GOVERNMENT RESTRICTED RIGHTS
The "software" and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SimPhonics Incorporated, 3226 N. Falkenburg Road, Tampa, FL 33619.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of Florida.
This is a legal agreement between an entity (individual or group) and SimPhonics, Incorporated. By acceptance of our system, and this Documentation Package, you are agreeing to be bound by the terms of this agreement.