SIMPLER SOFTWARE LICENSE TERMS
1. RETAIL LICENSE TERMS.
These license terms are an agreement between Simpler Software and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify an on-screen license terms. These terms also apply to any Simpler Software
� Internet-based services, and
� support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, contact Simpler Software for information about Simpler Software�s refund policies. See www.XrmToolkit.com.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW. The software is licensed on a per copy per computer basis.
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Computer. You may install one copy of the software on one computer. That device is the �licensed computer.�
b. Licensed Computer. You may only use one copy of the software on the licensed device at a time.
c. Alternative Versions. The software may include more than one version, such as 32-bit and 64-bit. You may install and use only one version at a time.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Multiplexing. Hardware or software you use to
� pool connections,
� reroute information, or
� reduce the number of devices or users that directly access or use the software (sometimes referred to as �multiplexing� or �pooling�), does not reduce the number of licenses you need.
b. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.
c. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the
trial software will stop running.
d. Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most
features of the software will stop running.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Simpler Software. This information includes the version, the license version, product key of the software, the Processor ID of the computer, the Hard Drive Serial Number of the computer, and the MAC Address of the computer.
BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet. If you do so, Internet service charges may apply. Some changes to your computer components or the software may require you to reactivate the software.
a. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits.
b. During or after a validation check, the software may send information about the software, the device and the results of the validation check to Simpler Software. This information includes, for example, the version and product key of the software, the Processor ID of the computer, the Hard Drive ID of the computer, and the MAC address of the computer. Simpler Software does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine Simpler Software product then the functionality or experience of using the software may be affected. For example, Simpler Software may
� provide notice that the software is improperly licensed or a nongenuine Simpler Software product;
and you may
� receive reminders to obtain a properly licensed copy of the software;
� need to follow Simpler Software�s instructions to be licensed to use the software and reactivate;
and you may not be able to
� use or continue to use the software or some of the features of the software; or
� obtain certain updates or upgrades from Simpler Software.
e. You may only obtain updates or upgrades for the software from Simpler Software or authorized sources.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. Simpler Software reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
� work around any technical limitations in the software;
� reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
� make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
� publish the software for others to copy;
� use the software in any way that is against the law;
� rent, lease or lend the software; or
� use the software for commercial software hosting services.
7. DOCUMENTATION. Any person that has valid access to your licensed device or internal network may copy and use the documentation for your internal, reference purposes.
8. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.
9. PROOF OF LICENSE.
a. Genuine Proof of License. If you purchased and downloaded the software online, your proof of license is the Simpler Software product key for the software which you received with your purchase. Proof of purchase may be subject to verification by your merchant�s records.
b. Upgrade or Conversion License. If you upgrade or convert the software, your proof of license is
� the genuine proof of license for the software you upgraded or converted from; and
� the genuine proof of license for the software you upgraded or converted to.
10. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times. If you reassign, that other device becomes the �licensed device.�
11. TRANSFER TO A THIRD PARTY. Under no circumstances are you allowed to transfer the license to another party.
12. SUPPORT SERVICES. Simpler Software provides support services for the software as described at xrmtoolkit.com/Home/Contact
13. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
14. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
16. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM SIMPLER SOFTWARE ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
� anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
� claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
� repair, replacement or a refund for the software does not fully compensate you for any losses; or
� Simpler Software knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
A. LIMITED WARRANTY. If you follow the instructions, the software will perform as intended.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Simpler Software�s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. SIMPLER SOFTWARE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF SIMPLER SOFTWARE CANNOT REPAIR OR REPLACE IT, SIMPLER SOFTWARE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF SIMPLER SOFTWARE CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO SIMPLER SOFTWARE WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. For warranty service or information about how to obtain a refund for software contact Simpler Software at
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM SIMPLER SOFTWARE. SIMPLER SOFTWARE GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, SIMPLER SOFTWARE EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.