MindMapper End User License Agreement
License & Warranty
This is a legal agreement between you and SimTech USA. By executing this End User License Agreement (“Agreement”) you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then you are not authorized to install or use the software and, if applicable, promptly return the unopened software disk package and the accompanying materials (including all accompanying documentation and containers) to the place you purchased them for a full refund. This license is effective until terminated. You may terminate this license at any time by destroying all copies of the Program, including archival and/or backup copies. This license also terminates if you fail to comply with any of the terms and conditions of this Agreement. This Agreement constitutes the entire Agreement and understanding between the parties and supersedes any prior agreements, representations, or understandings, whether written or oral, relating to the Program.
License Grant
SimTech USA grants you a non-exclusive, non-transferable license to use one copy of MindMapper software program (the “Program”) on a single workstation computer, subject to the terms and restrictions set forth in this Software License Agreement. The user may also install and use the Program on a second computer for the exclusive use of the user. Except with explicit written consent from SimTech USA, you may not use the Program on more than one terminal of a network, on a multi-user computer, application server, Terminal Server, on a time-sharing system, on a service bureau, or on any other system on which the Program could be used on more than one computer or user at any time. Anyone violating this license agreement could be punished with the US and international laws on software licensing.
Copyright
SimTech USA retains all rights, title, and interests in and to the Software and its documentation and in all related copyrights, trademarks, patents, and other intellectual property. SimTech USA retains all rights not expressly granted in this EULA. The software which accompanies this license is the property of SimTech USA and is protected by USA copyright law, international treaty provisions, and all other applicable national laws. All rights are reserved. You must therefore treat the Program and accompanying documentation like any other copyrighted material. However, you may either (a) transfer the Program to a single hard disk, if applicable, provided you keep the original solely for backup or archival purposes, or (b) make one copy of the Program solely for backup or archival purposes.
Additional Restrictions
You may not reproduce, prepare derivative works based upon, distribute copies of, offer for sale, sell, transfer ownership of, rent, lease, or lend to others the Program or accompanying documentation or any portion thereof. You may transfer the entire Program and accompanying documentation on a permanent basis as long as you retain no copies (including archival or backup copies) of the Program, accompanying documentation, or any portion thereof. The recipient agrees to the terms of this Agreement. You may not modify, reverse engineer, disassemble, decompile, or translate the Program or accompanying documentation or any portion thereof. You may not make the Program or any part thereof the component of another program.
Limited Warranties
SimTech USA warrants that manual and the media on which the Program is distributed, if applicable, are free from physical defects in material and workmanship under normal use for a period of 90 days from the date of purchase. If during this warranty period you discover that either this manual or the disk contains a physical defect, return the defective item along with proof of purchase to SimTech USA, and you will receive a replacement at no charge. This is your sole and exclusive remedy for breach of warranty. This warranty as set forth above is exclusive and in lieu of all others, oral or written, express or implied. SimTech USA makes no representation, express or implied, or statutory with respect to this program, its quality, performance, merchantability, or fitness for a particular purpose. This program is sold “as is” and you, the licensee, are assuming the entire risk as to its quality and performance. In no event shall SimTech USA be liable for indirect, special, incidental, or consequential damages resulting from the use of the Program or from any error or defect in the Program or its Documentation. Such damages include, but are not limited to, loss of profit, loss of programs or data, and damage to your monitor. Except for third-party claims of infringement, in no event shall SimTech USA liability exceed the price paid for the program. As is the case with all legal stuff like that above, the above exclusions may not apply to you. This warranty provides you with specific legal rights. There may be other rights that you may have, which vary from state to state.
Indemnification
SimTech USA warrants that the Program and related documentation do not infringe on any patents, copyrights, or trademarks or constitute misappropriation of third-party proprietary information. SimTech USA will defend, indemnify and hold you harmless against any claim that the Program infringes on or was created in whole or in part by violation of copyright, patent, trade secret or another intellectual property right, provided that: (a) you promptly notify SimTech USA of the claim; (b) SimTech USA has primary control of the defense provided that you shall have full right to participate in the litigation and in all settlement negotiations. You shall further have the right to settle any such claim without SimTech USA’s approval solely on your own behalf under such claim, provided that any such settlement shall be non-binding upon SimTech USA; and (c) you provide SimTech USA with reasonable assistance, information, and authority in the litigation.
Governing Law
If a license has been obtained in the USA, EULA shall be governed by the laws of the state of California, USA. Any dispute will be subject to the jurisdiction of the state and federal courts of California, USA. If the license was obtained in European Union, then this EULA shall be governed by appropriate local law. In the United Kingdom, EULA is subject to the exclusive jurisdiction of England and Wales.
SimTech USA
2372 Morse Ave, Suite 320
Irvine, CA 92614
U.S.A.