This is a legal agreement between you (either an individual or an entity) and SIMalliance Limited ("SIMalliance") for the license to use of any of the documents made available by SIMalliance to you (the "Documents"). Clicking "accept" indicates your acceptance of these terms and conditions. If you do not agree to the terms of this License Agreement, you must not download or use the Documents. If you do not understand the terms of this Licence Agreement, you should seek assistance from your legal advisor.
The Documents are protected by copyright laws and international treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
Subject to the terms and conditions of this License Agreement, SIMalliance grants you a limited, non-transferable, non-exclusive license to download, reproduce and use the Documents for the purposes of:
a) evaluating and commenting on a specification or Document produced by SIMalliance;
b) manufacturing any system or device conforming to a specification produced by SIMalliance;
c) selling, leasing, or otherwise disposing of systems or devices conforming to a specification produced by SIMalliance;
d) repairing, using, or operating systems or devices conforming to a specification produced by SIMalliance; and e) using any methods or operation conforming to a specification produced by SIMalliance.
Your right to download, reproduce and use the Documents extends only to your internal use and does not in any way grant you the right to distribute, make available or disclose the Documents to third parties.
2. LICENSE RESTRICTIONS.
Notwithstanding any provisions in this License Agreement to the contrary, you may not:
a) remove any copyright notice on Documents or reproduce any of the Documents;
b) vary or remove the title or any part of the content of a Documents;
c) distribute or sublicense, rent or lease the Documents;
d) use any part of a Document as part of a specification or standard not originating from SIMalliance without the prior written approval of SIMalliance, or
e) perform any act or omission or permit others to perform any act or omission in relation to a Document which is contrary to the objectives of SIMalliance as stated in its Memorandum and Articles of Association.
3. PROPRIETARY RIGHTS.
All rights, title and interests in and to the Documents are owned by SIMalliance or its suppliers. The Documents are copyrighted and contain trade secrets and other confidential and proprietary information of SIMalliance. You may not disclose the Documents or contents thereof to any third party without SIMalliance's express written consent. All works created by you which reproduce a Document or any part of a Document shall bear a clear notice asserting the Licensor's copyright in the form of the copyright notice attached to the original Document unless otherwise instructed by SIMalliance.
You acknowledge that the Documents are results of the work carried out within the SIMalliance and that SIMalliance has not carried out copyright, patent, or other industrial or intellectual property searches. This Licence Agreement grants you a license under the copyright of SIMalliance and its members in the Documents only, and you acknowledge that the use of the Documents or the specifications defined therein may require licenses from third parties. The Documents are provided "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement are disclaimed. In no event shall SIMalliance and/or its members be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and under any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Documents, even if advised of the possibility of such damage.
5. LIMITATION OF LIABILITY AND REMEDIES.
Under no circumstances, including negligence, shall SIMalliance, SIMalliance's directors, officers, employees, resellers or agents, be liable to you for any indirect, incidental, moral, consequential, special or exemplary damages (including damages for loss of business profits, business interruption, loss of business information or data, and the like) arising out of the use, misuse or inability to use the Documents, even if SIMalliance has been advised of the possibility of such damages. The foregoing limitation of liability is independent of any agreed remedy contained herein and such limitation of liability applies with equal force to any remedy you may be entitled to hereunder or by law. The foregoing limitations apply to the maximum extent permitted by applicable law.
You will indemnify and hold SIMalliance harmless, without prejudice to any other right of action which SIMalliance may have, from all actual liabilities, damages and losses incurred by SIMalliance (including all losses, costs, claims, expenses, demands, actions and damages, including legal fees) to the extent arising out of your use or misuse of the Documents or breach of your obligations under this Licence Agreement.
This Licence Agreement shall commence on the date you accept this Licence Agreement and shall remain effective until you breach your obligations or fail to comply with any of the terms of this Licence Agreement, or you terminate this Licence Agreement and return or destroy all copies of the Documents or works that reproduce Documents or parts thereof. Termination of this Licence Agreement shall not affect either party's accrued rights and obligations as of the date of termination. Upon termination for whatever reason, you shall cease to make use of the copyright in the Documents. The provisions of Sections 2, 3, 5, 6, 7, 8 and 9 shall survive termination.
8. GOVERNING LAW.
This Licence Agreement shall be subject to, and construed and interpreted in accordance with, English law. The parties irrevocably submit to the exclusive jurisdiction of the English Courts. Nothing in this Section 10 shall prevent SIMalliance from applying to the courts of another country for injunctive or other interim relief.
You shall permit SIMalliance, by any reasonable and appropriate means, to verify that you have complied with the provisions of Sections 1 (Grant of License), 2 (License Restrictions), 3 (Proprietary Rights), and 7 (Termination), and you agree to cooperate fully with such a verification. Verification shall be at SIMalliance's expense unless you are in material breach of this Licence Agreement. All such verifications shall take place upon not less than three (3) business days notice to you, during your regular business hours and will be conducted in a manner designed to minimize any impact on your normal business operations.
Integri Software License Agreement
Integri nv, Leuvensesteenweg 325, B-1932 Zaventem, Belgium, the LICENSOR, is willing to grant you, the LICENSEE, the a software license on the condition that you accept all terms of this AGREEMENT.
Do not install, download or use the Integri SOFTWARE until you have read and accepted this license agreement. By installing, downloading or using the SOFTWARE you accept this license agreement. If you do not agree to this agreement you may not install, download, or use the SOFTWARE.
SOFTWARE shall mean all Integri computer programs, all online or printed documentation and hardware protection token, if any, provided to the LICENSEE with this Agreement. SOFTWARE includes without limitation executables, linkable routines, embedded software, data files, documentation and help files or any other file. Any modifications or additions to the SOFTWARE created by LICENSEE pursuant to the license granted hereunder shall belong solely to the LICENSOR, and shall be considered part of SOFTWARE pursuant to the license granted herein.
The LICENSOR grants to the LICENSEE a non-transferable, non-exclusive license to install and use on a single personal computer or on specific hardware the SOFTWARE, exclusively for the purpose of testing and prototyping its own application. The LICENSEE is not allowed to use the licence for offering test or other services to third parties, except after having signed an INTEGRI PARTNERSHIP agreement. The SOFTWARE may not be copied in whole or in part, except for a backup or archival copy that bears all copyright notices and any other identifying or restrictive legends appearing on the SOFTWARE as received. Except as expressly permitted herein, the LICENSEE may not copy, distribute, modify or make derivative works based on the SOFTWARE, nor may this SOFTWARE or any backup copy or archival copy thereof be placed on an electronic network without prior written consent of LICENSOR. Requests for reproduction, distribution or use in a multiple-user environment must exclusively be directed to the LICENSOR.
3. Support Services
This license agreement does not entitle the LICENSEE to receive any free support (be it telephone, fax or email) with respect to the SOFTWARE licensed under this AGREEMENT, nor any other type of free support other then those made generally available by LICENSOR. Any additional support is subject to the conditions of a separate Maintenance Agreement between LICENSOR and LICENSEE.
4. Non Disclosure
The LICENSEE shall take all precautions to maintain the confidentiality of the work; these precautions shall be at least equivalent to those employed by the LICENSEE to protect its own confidential information.
5. Reference Platform
The LICENSEE will run the SOFTWARE on a computer at least equivalent to a Reference Platform for which the SOFWARE has been designed. The reference platform and compatibility list is made available by the LICENSOR in its documentation or on its Internet web site.
The LICENSOR shall replace any defective media containing the SOFTWARE if such defective media is returned to LICENSOR within thirty (30) days after delivery. The LICENSEE agrees that the SOFTWARE is being licensed "as is" and recognises that the foregoing warranty is the sole and exclusive warranty that is given in lieu of all other warranties, express or implied, including, without limitation, the warranties of merchantability, merchantable quality, non-infringement of third party rights or fitness for any particular purpose. The LICENSOR disclaims all warranties with regard to the SOFTWARE, express or implied, including, without limitation, the warranties of merchantability, merchantable quality, non-infringement of third party rights or fitness for any particular purpose. The LICENSEE will backup his system before running or installing the SOFTWARE.
In no event shall the LICENSOR, its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character or attorneys' fees in connection with a claim relating to this AGREEMENT or the performance of the SOFTWARE. In the event that liability is nevertheless imposed on the LICENSOR, its employees, agents, suppliers or contractors, the liability shall not exceed the fee paid for this SOFTWARE. In no event shall LICENSOR have any liability whatsoever with respect to a backup copy of the SOFTWARE made as permitted in this AGREEMENT.
8. Other Restrictions
The LICENSEE may not: a) Reverse-engineer, decompile, disassemble, or make any attempt to discover the source code of the SOFTWARE, b) Modify, translate, or merge the SOFTWARE with another program, c) Sublicense, rent or lease this SOFTWARE. Any attempt to do so will void this AGREEMENT.
The AGREEMENT and all licenses granted by The LICENSOR hereunder shall automatically terminate if LICENSEE materially breaches this AGREEMENT. Upon termination of the AGREEMENT, LICENSEE shall cease all use of the SOFTWARE and shall destroy all copies of the SOFTWARE within the possession or control of LICENSEE and shall return the original SOFTWARE media to the LICENSOR. In the event of any termination of this AGREEMENT, the provisions of Sections 1, 6, 7, 8, 9, 10, 11 and 12 shall survive and continue to bind the parties.
If any provision in this AGREEMENT is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this AGREEMENT shall remain in effect.
11. Governing Law
This agreement is governed under the laws of Belgium.
12. Entire Agreement
This AGREEMENT is the entire agreement between the parties regarding this subject matter and it supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this AGREEMENT. This AGREEMENT may be modified only in writing signed by authorised representatives of both parties. No vendor, distributor, dealer, reseller, sales person or other person is authorised by the LICENSOR to modify this AGREEMENT or to make any warranty, representation or promise different than or in addition to, the warranties, representations or promises of this AGREEMENT. Any purported oral modification of this AGREEMENT shall be void.
Loader Software License Agreement
SIMalliance Limited End User License for SIMalliance loader v1.00
This is a legal agreement (hereinafter referred to as the "Licence Agreement") between you and SIMalliance Limited ("SIMalliance") licensing you to use the applet loader software version 1.00 and associated documentation made available by SIMalliance (together, the "Software Materials") . -ÜYou" or -Üyour," as may be alternatively used in this Licence Agreement, refers to the individual or entity downloading and using the Software Materials. By clicking on the "accept" button in the SIMalliance web site, you are agreeing to be bound by these terms and conditions. If you do not agree to the terms of this Licence Agreement, you must not download or use the Software Materials or any part thereof. If you do not understand the terms of this Licence Agreement, you should seek assistance from your legal advisor.
The Software Materials licensed hereunder are proprietary to SIMalliance and are protected by copyright and other intellectual property laws and treaties.
1. GRANT OF LICENCE.
Subject to the terms and conditions of this Licence Agreement, SIMalliance grants you a limited, non-exclusive, non-transferable royalty-free licence to download and use the Software Materials solely for the purposes of:
a) Evaluating and commenting on a specification produced by SIMalliance from time to time;
b) Manufacturing any system or software device conforming to such specification produced by SIMalliance;
c) Selling, leasing, or otherwise disposing such systems or software devices;
d) Repairing, using, or operating such systems or software devices; and
e) Using any methodology or process in relation to any of the foregoing.
Your right to download and use the Software Materials extends only to your internal use and does not authorise you to distribute, make available or disclose the Software Materials to any third party. Except as specifically provided herein,, you may not copy or reproduce the Software Materials in whole or in part, except for disaster recovery, program error verification or security back-up purposes. Unless mutually agreed otherwise, you are solely responsible for the installation and maintenance of the Software Materials
2. LICENCE RESTRICTIONS.
Except as specifically provided herein, you may not:
a) Sell, sub licence, publish, distribute, lease, rent, assign or otherwise transfer the Software Materials;
b) Use the Software Materials for the benefit of any third party;
c) Charge, or allow others to charge, for the use of the Software Materials;
d) Perform any act or omission or permit others to perform any act or omission in relation to the Software Materials that is contrary to the objectives of SIMalliance as stated in its Memorandum and Articles of Association, or
f) Reverse engineer, decompile, disassemble or apply any process, technique, or procedure or make any attempt to ascertain or derive the source code to the Software Materials, except as and to the extent you are authorised to do so under applicable law.
3. PROPRIETARY RIGHTS.
As between you and SIMalliance, SIMalliance owns and retains all right, title and interest, including, without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Software Materials and any portion thereof, together with all copies or derivative works of the Software Materials and updates thereto. Notwithstanding the foregoing, you acknowledge that the use of the Software Materials or the specifications defined therein may require additional licence from third parties.
4. LIMITED WARRANTY.
SIMalliance has not carried out any industrial or intellectual property searches and assumes no responsibility in identifying the industrial or intellectual property rights of third parties in the Software Materials In the event that SIMalliance Materials become aware of such rights of third parties that may subsist in the Software Materials or any part thereof, it shall notify and supply you with relevant information. This Licence Agreement grants you a licence in the Software Materials only, and you acknowledge and agree that the use of the Software Materials or the specifications defined therein may require additional licenses from third parties. The Software Materials are provided on an "as is" basis and any expressed or implied warranties, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are hereby disclaimed to the fullest extent applicable in law. Your statutory rights as a consumer, however, are not afffected.
5. EXCLUSIONS OF LIABILITY.
IN NO EVENT SHALL SIMALLIANCE, SIMALLIANCE'S DIRECTORS, OFFICERS, EMPLOYEES, RESELLERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA AND THE LIKE) HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE MATERIALS. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS LICENCE AGREEMENT SHALL HAVE THE OBJECT OR EFFECT OF LIMITING OR EXCLUDING SIMALLIANCE´S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS OWN NEGLIGENCE.
You agree to hereby indemnify and hold SIMalliance harmless, without prejudice to any other right of action which SIMalliance may have, in respect of all damages and losses incurred by SIMalliance (including all costs, claims, expenses and legal fees) arising out of your use or misuse of the Software Materials or breach of your obligations under this Licence Agreement.
This Licence Agreement shall commence on the date you accept these terms and conditions or download the Software Materials, whichever is earlier, and shall remain effective until you breach or fail to comply with such terms, or one party terminates this Licence Agreement and you return or destroy all copies of the Software Materials. Termination of this Licence Agreement shall not affect either party's accrued rights and obligations. Upon termination for whatever reason, you shall immediately cease to make use of the Software Materials and you will destroy any copy of the Software Materials in your possession. The provisions of Sections 4, 5, 6, 8 and 9 shall survive termination.
8. GOVERNING LAW.
This Licence Agreement shall be subject to, and construed in accordance with, English law. For all matters in relation to this Licence Agreement and your use of the Software Materials, both you and SIMalliance agree to submit to the non-exclusive jurisdiction of the English Courts.
You shall permit SIMalliance, by any reasonable and appropriate means, to verify that you have complied with the provisions of Sections 1 (Grant of License), 2 (License Restrictions), 3 (Proprietary Rights), and 7 (Termination), and you agree to cooperate fully with such a verification. Verification shall be at SIMalliance's expense unless you are in material breach of this Licence Agreement. All such verifications shall take place upon not less than three (3) business days´ notice to you, during your regular business hours and will be conducted in a manner designed to minimise any impact on your normal business operations.