|
|
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. SIMCO TECHNOLOGIES INC. (“SIMCO”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, LEGAL ENTITY OR COMPANY (REFERENCED BELOW AS “YOU” OR “YOUR”) THAT WILL BE USING THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF USE CONTAINED IN THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SIMCO TECHNOLOGIES INC. BY CLICKING ON THE “I ACCEPT” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. License:
STADIUM® software and the documentation that accompanies this license and any copy You are authorized by SIMCO to make (collectively the “Software”) is the property of SIMCO Technologies Inc. and is protected by copyright law. No title to the intellectual property in the Software is transferred to You. This license governs any releases, revisions, or enhancements to the Software that SIMCO may furnish to You. By installing the Software on Your computer, You become a registered user of the Software, which SIMCO is providing for the exclusive use of each licensee.
You may:
A) Use one copy of the Software on a single computer;
B) Make one copy of the Software for backup purposes, provided Your backup copy is not installed or used on any other computer.
You may not:
A) Copy the printed documentation that accompanies the Software;
B) Install a copy of the Software on Your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network;
C) Sublicense, sell, rent, or lease the Software or any portion of the Software;
D) Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
E) Distribute the Software or duplicate it for others to distribute;
F) Use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version as a replacement of the prior version;
G) Use the Software in any manner not authorized by this license.
2. Disclaimer of Warranties:
STADIUM® SOFTWARE IS A TOOL DESIGNED TO HELP PREDICT FUTURE CONDITIONS OF CONCRETE MATERIALS. HOWEVER, ALL DURABILITY PARAMETERS USED IN THE MODEL HAVE A RANGE OF ACCEPTABLE RESULTS. THE MODELING USED IN THIS SOFTWARE USES MEAN LABORATORYOR FIELD SINGLE VALUES AS INPUT PARAMETERS. THIS PROVIDES A SINGLE RESULT, WHICH IN TURN PROVIDES A SIMPLE ANALYSIS OF CORROSION PROTECTION OPTIONS. PREVIOUS CONDITIONS ARE ASSUMED TO CARRY FORWARD IN THE PREDICTION MODEL, AND THERE ARE NO ASSURANCES THAT THE STRUCTURE UNDER CONSIDERATION WILL BE EXPOSED TO A SIMILAR ENVIRONMENT AS IN THE PAST. FURTHERMORE, THIS SOFTWARE IS INTENDED FOR THE USE OF INDIVIDUALS WHO ARE COMPETENT TO EVALUATE THE SIGNIFICANCE AND LIMITATIONS OF ITS CONTENT AND RESULTS, AND WHO WILL ACCEPT RESPONSIBILITY FOR THE APPLICATION OF THE RESULTS AND INFORMATION IT PRODUCES.
YOU AGREE TO USE THE SOFTWARE AT YOUR OWN RISK. YOU AGREE THAT SIMCO OFFERS NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALSO TO THE FULLEST EXTENT PERMITTED BY LAW, SIMCO DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED IN THE SOFTWARE.
SIMCO MAKES NO WARRANTY THAT (a) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THE SOFTWARE WILL BE ERROR-FREE, (c) RESULTS OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMCO WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THIS AGREEMENT]. SIMCO’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
3. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSES, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SIMCO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING ANY LOSS OF PROFITS OR DATA ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SIMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HAVE SOLE RESPONSIBILITY TO PROVIDE FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE, AND WILL NOT MAKE A CLAIM AGAINST SIMCO FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SOFTWARE.
BY INSTALLING AND USING THIS SOFTWARE, YOU AGREE TO INDEMNIFY SIMCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE SOFTWARE. BY USING THE SOFTWARE, YOU HEREBY AGREE TO RELEASE SIMCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, OBLIGATIONS, DAMAGES (ACTUAL OR CONSEQUENTIAL), COSTS, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SOFTWARE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
4. Governing Laws:
These Terms and Conditions and all related transactions shall be governed by the laws of the Province of Quebec and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province of Quebec.
5. General Information:
These Terms and Conditions constitute the entire agreement between You and SIMCO with respect to the subject matter contained herein and supersedes any other agreement, proposals, and communications, written or oral, between You and SIMCO with respect to the licensing of this Software. This License Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination.
The failure of SIMCO to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Web site: http://www.simcotechnologies.com/
