Single Site License
Each model from Simthetiq come with an installshield. Prior to installation, It will prompt you with the license and will request your unique ID for acceptance. The unique ID will be provided to you via e-mail or phone.
- Single Copy Software License.
- Ownership.
- Termination.
- Rights Not Granted.
- Disclaimer.
- Choice of Law.
- Protected Parties.
- Notices.
1. Single Copy Software License.
Upon payment of the license fee specified on the Simthetiq website, Simthetiq will provide the Company with electronic, source code files of the software models selected and paid for by the Company using the Simthetiq website (the "Content"), whereupon the Company will be have a non-exclusive, non-transferable, worldwide, royalty-free license to modify, copy and compile the Content, or any derivative work based upon the Content (the "Licensed Content") on one or more computers at a single Company location for the internal use of Company. Furthermore, if you have paid an additional fee for the Redistribution License Option, the Company may modify, copy and compile the Licensed Content and integrate it into a single software product of which the Licensed Content is only a component and distribute an unlimited number of copies of that product in object code format to the customers of Company, who may digitally perform and display said Content.The Company may engage consultants to modify the Content, provided that they do so while under a written agreement with the Company requiring them to assign their Content modifications to the Company, and preserve the confidentiality of all confidential information provided to them by the Company, even if it is confidential information of a third party.
This is a license, not a transfer of title, and the Company may not permit anyone else to: (a) use the Licensed Content as a stand-alone product for sale or rental; (b) provide any third party with a copy of the Content in source code format, or in object code format other than as permitted in clause (a) above; (c) authorize others to create derivative works based upon the Content; (d) remove any copyright or other proprietary notices; (e) transfer the Licensed Content to another person except as expressly permitted in (a) above.
2. Ownership.
The Content is copyrighted proprietary material of Simthetiq's licensors and protected by law and international treaty. The Licensed Content may not be published in its source format or other formats that would allow reverse engineering of the intrinsic nature of the model to any public sites. Except as expressly provided herein, neither Simthetiq nor its licensors grant any express or implied right under any patents, copyrights, trademarks, or trade secret information.3.
Termination.
Either Simthetiq or its licensors may terminate this license at any time if the Company is in breach of the terms of these terms and conditions of use. Upon such termination the Company must immediately destroy all copies of the Licensed Content, including all derivative works, and all accompanying documentation.
4.
Rights Not Granted.
Absent a written grant of rights greater than that contained in paragraph 1 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license.
5.
Disclaimer.
SIMTHETIQ AND ITS LICENSORS PROVIDE THE CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIMTHETIQ NOR ITS LICENSORS WILL BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE CONTENT, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
6.
Choice of Law.
This agreement will be governed by Massachusetts law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or Federal court located in Boston, Massachusetts, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
7.
Protected Parties.
This Agreement is for the protection of both Simthetiq, Inc., a Quebec corporation, and its licensors.
8.
Notices.
Any notice to the Company given pursuant to this Agreement or in connection with it, shall be sufficient if send by electronic mail to the e-mail address or physical address that was supplied in connection with the ordering of the Content on the Simthetiq website, or such new address as may be provided to Simthetiq at info@simthetiq.com.
Redistribution License
Each model from Simthetiq come with an installshield. Prior to installation, It will prompt you with the license and will request your unique ID for acceptance. The unique ID will be provided to you via e-mail or phone.
- Redistribution Software License.
- Ownership.
- All Sales Final.
- Termination.
- Rights Not Granted.
- Disclaimer.
- Choice of Law.
- Notices.
1. Redistribution Software License.
Upon payment of the license fee specified on Exhibit A hereto, Simthetiq will provide the Licensee with electronic, source code files of the software models identified on Exhibit A (the "Content"), whereupon the Licensee will be have a non-exclusive, non-transferable, worldwide, royalty-free license:
(a) to modify, copy and compile the Content, or any derivative work based upon the Content (the "Licensed Content") on one or more computers at a single location for the internal use of Licensee; and
(b) to modify, copy and compile the Licensed Content and integrate it into a single software product of which the Licensed Content is only a component and distribute an unlimited number of copies of that product in object code format to the customers of Licensee, who may digitally perform and display said Content, provided, however, that portions of the Content comprising data must not be in an industry published format; and
(c) To engage consultants to modify the Content, provided that they do so while under a written agreement with the Licensee requiring them to assign their Content modifications to the Licensee, and preserve the confidentiality of all confidential information provided to them by the Licensee, even if it is confidential information of a third party.
This is a license, not a transfer of title, and the Company may not permit anyone else to:
(d) use the Licensed Content as a stand-alone product for sale or rental;
(e) provide any third party with a copy of the Content in source code format, or in object code format other than as permitted in clauses (b) or (c) above;
(f) authorize others to create derivative works based upon the Content;
(g) remove any copyright or other proprietary notices;
(h) transfer the Licensed Content to another person except as expressly permitted in (b) above.
