End user agreement for Simfatic Forms
Simfatic Forms Version 3.0 END-USER LICENSE AGREEMENT
You may use this Software only as described in this license.
If you do not agree to the terms of this license, do not install the Software You may contact the web site or store where you purchased the license for a refund if you have not used the software.
The capitalized term "Software" refers to the computer program known as Simfatic Forms 3.0, any updates or supplemental code provided to you by Simfatic Solutions, the user's manual, any components, any related media and printed materials, and any related "online" or electronic documentation.
2. GRANT OF LICENSE.
If you acquired the license for the Software on an evaluation or trial basis, you may use the Software without charge for Thirty (30) days from the day that you install the Software. You must pay the license fee and buy the registered version software after the evaluation period (30 days). To pay the license fee and register your copy, you should visit http://www.simfatic.com/forms/order.php or an authorized sales agent. For so long as the Software is the most current version of Simfatic Forms distributed by Simfatic Solutions, you may give exact copies of the evaluation Software to anyone. You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from Simfatic Solutions. You must distribute a copy of this license with any copy of the Software and anyone to whom you distribute the Software is subject to this license. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software.
When you purchase a license, you will receive an email that will contain your registration code. You can register the software by entering your name and the registration code in the 'Enter Registration Code' dialog box that can be opened by selecting the 'Enter Registration Code' menu Item from the Help menu . You may use the registered Software on that number of computers for which you have purchased a separate license as indicated on the invoice. If the Software is installed on a network server or other storage device, you must purchase a license for each separate computer on which the Software is used. A license for the Software may not be shared by alternating use of the Software between different computers. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.
You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software.
4. SUPPORT SERVICES.
Simfatic Solutions provides you with support services related to the Software. Use of support services is governed by the user's manual, online documentation, and other materials, as they may be modified from time to time.
This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit Simfatic Solutions' other rights it may have by law.
You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that Simfatic Solutions retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark or other proprietary notices which appear, on, in or with the Software.
7. NO WARRANTIES.
To the extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non infringement. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
8. LIMITATION OF LIABILITY.
Simfatic Solutions is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if Simfatic Solutions has been advised of the possibility of such damages. Simfatic Solutions' liability, for any claim related to your purchase or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the license fee paid by you.
9. GOVERNING LAW AND SEVERABILITY.
This agreement will be governed by and construed according to the law of the State of Karnataka, India. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Karnataka, India. This agreement is deemed to have been made in Bangalore, Karnataka. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.
12. ENTIRE AGREEMENT.
This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.