SIMUL8 Professional Software License Agreement and Limited Warranty

SIMUL8 Professional is Copyright © 1993-2019 SIMUL8 Corporation Ltd ("SIMUL8 Corp").

In this document

"SIMUL8 Professional Software" refers to the software that is used at the end user client computer.

"NLS Software" refers to any server based license management software that controls the number of users of the SIMUL8 Professional Software.

"SIMUL8 Corp" refers to the vendor of the SIMUL8 Professional Software and any NLS Software.

"Maximum Concurrent Users" is the number of concurrent users specified in one or more invoice(s) related to this agreement.

"Qualified Educational Institution" is a degree awarding academic institution accredited by the applicable governmental regulatory agency in the country in which the Institution has its principal offices; and not a training center.

1. On payment of the license fee and acceptance by you of the terms and conditions of this License Agreement and Limited Warranty you are granted a non-exclusive, non transferable license to, in the case of a single user license:

install SIMUL8 Professional Software on one computer intended for use solely by employees of the organization paying the license fee and to use that SIMUL8 Professional Software provided that you are an employee of the organization paying the license fee.

or, in the case of a Network License:

a. install SIMUL8 Professional Software on any computers intended for use solely by employees of the organization paying the license fee (without restriction in number) and to concurrently use that SIMUL8 Professional Software on no more than the number of computers allowed by the NLS software (Maximum Concurrent Users) provided that you are an employee of the organization paying the license fee

b. install NLS Software on a primary server that is accessible over the network from the computers in (a) at least on initial use of the SIMUL8 Professional Software

or, in the case of an Enterprise Wide license:

install SIMUL8 Professional Software on any number of computers intended for use solely by employees of the organization paying the license fee and to use that SIMUL8 Professional Software provided that you are an employee of the organization paying the license fee

or, in the case of an Educational Site license:

install SIMUL8 Professional Software on any number of computers housed within the buildings permanently used by the Qualified Educational Institution paying the license fee or a portable computer allocated to an employee of that institution and to use that SIMUL8 Professional Software provided that you are a student registered at, or an employee of, the Qualified Educational Institution paying the license fee and provided that the use is for educational or research purposes and not for commercial purposes.

2. You agree not to make or distribute copies of the SIMUL8 Professional Software other than as described in the appropriate paragraph of clause (1) or for backup and security purposes.

3. You may access the computer(s) in (1) to make use of SIMUL8 Professional Software via a Remote Desktop type application, provided that no more than one user, including any user directly accessing the computer, is permitted to log in to any one computer simultaneously, except that this restriction does not apply to Enterprise-Wide or Network Licenses or to cases where the sole purpose is providing you with technical support and maintenance services.

4. You may install and use SIMUL8 Professional Software within a Virtual Machine type application, provided the instance within which SIMUL8 Professional Software is installed is not copied or moved between computers, except that this restriction does not apply to Enterprise-Wide, Network, or Educational Site Licenses.

5. You may not rent, lease, lend or provide hosting services with SIMUL8 Professional Software except in the case of the Network License where such hosting is limited to use by employees of the organization paying the license fee.

6. You may transfer SIMUL8 Professional Software to another computer within the organization paying the license fee provided it is first uninstalled from the former computer.

7. If you choose to communicate with SIMUL8 Corp (for example to make use of support services related to SIMUL8 Professional Software) then the content of the communication may be used in any way by SIMUL8 Corp for, but not limited to, the improvement of the services and products of SIMUL8 Corp or the way it communicates about them.

8. This agreement does not confer rights on either party to use trademarks or service marks other than in ways that communicate factual information and do not imply recommendation, endorsement, or affiliation. Where a party makes it clear that marks are trademarks or service marks the other party agrees to make reasonable efforts to adhere to published media guidelines.

9. If marked as "Not for Resale", "NFR", "Evaluation" or "Demonstration" SIMUL8 Professional Software may not be used for any purpose other than demonstration to help in the process of marketing or sales of SIMUL8 Professional Software. For clarity this clause means that SIMUL8 Professional Software marked in this way may not be used for consulting, training, or the marketing or sales of consulting or training. Only SIMUL8 Professional Software without such marking may be used for those purposes.

10. SIMUL8 Professional Software is licensed, not sold. SIMUL8 Corp reserves all rights not expressly granted to you in this agreement. SIMUL8 Professional Software is protected by copyright and other intellectual property laws and treaties. SIMUL8 Corp or its suppliers own the title, copyright, and other intellectual property rights in the Software.

11. You accept that the nature of the designed purpose of SIMUL8 Professional Software means that it can be used in an unlimited number of different ways to create an unlimited number of different works that may not have been intended by SIMUL8 Corp and so you agree to hold SIMUL8 Corp, their agents, employees, suppliers and contractors, free from any liability (including but not limited to incidental or consequential damages and legal costs) arising from your use of SIMUL8 Professional Software.

12. You may not export SIMUL8 Professional Software to, or remotely use it from, any country where SIMUL8 Corp is prohibited from exporting software by any government that has jurisdiction over SIMUL8 Corp.

13. SIMUL8 Corp warrants that physical media and physical documentation that may form part of the SIMUL8 Professional Software and package are free from physical defects for 90 days or such minimum period required by applicable laws. SIMUL8 CORP DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. SPECIFICALLY SIMUL8 CORP MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR DOCUMENTATION ARE ERROR FREE OR MEET ANY PARTICULAR STANDARDS OR CONDITIONS.