License fee

 

 

Sim-Stream 8.0

Software License Agreement

 

  1. This is an agreement between Rushing Rivers (Licensor) and Licensee, who is being licensed to use the Sim-Stream 8. Software.
  2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. Due to the non-exclusivity of the above grant, Licensor hereby reserves and Licensee hereby acknowledges the right of Licensor to further develop, enhance or modify the Licensed Product for its own use, and that of others, and to grant such licenses as Licensor desires, to Licensor’s existing and future customers.
  3. This License permits Licensee to install the Software on one computer system. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
  4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 180 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 180 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
  5. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at [address and toll free telephone number].) At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a full refund.
  6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
  7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
  8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
  9. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
  10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
  11. Licensee and Licensor shall each have the right at any time to assign its rights and interests in this License Agreement in connection with its merger or consolidation with a third party or with the sale of substantially all of its assets utilized in the business to which this Agreement relates, without the necessity of obtaining the consent of the other, provided that the assignee expressly assumes and agrees to perform all of the obligations of the assigning party. The party assigning such interest hereby expressly agrees that it will in so doing specifically reserve for the other party all of the rights and privileges herein provided. In the event of the assignment hereof, the party assigning such interest shall notify the other within fifteen (15) days of such assignment. Except as otherwise permitted by the provisions of this Section 11, neither party shall have the right to assign its interests in this License Agreement without the prior written consent of the other party.
  12. If at any time a controversy between Licensor and Licensee arises as to the meaning or operation of this Agreement, such controversy shall be submitted to arbitration by either party in the City of Springfield, Massachusetts, before a panel of three (3) arbitrators, one (1) to be named by Licensor, one (1) to be named by Licensee, and the remaining to be named by the President of the Boston branch of the American Arbitration Association. Proceedings shall be conducted in accordance with the rules and procedures then in effect of the American Arbitration Association or successor organization. The decision of the arbitrator shall be binding upon the parties and judgment on any award made by the arbitrator may be entered in any court having a situs within the Commonwealth of Massachusetts and having jurisdiction thereof. The costs of arbitration, except as provided in Section 5.2, shall be borne equally by Licensor and Licensee.
  13. This License Agreement is governed by the law of Massachusetts applicable to Massachusetts contracts.
  14. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.

 

 

Sim-Stream 8

Educational Software License Agreement

 

 

  1. This is an agreement between Rushing Rivers (Licensor) and Licensee, who is being licensed to use the Sim-Stream 8. Software.
  2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. Due to the non-exclusivity of the above grant, Licensor hereby reserves and Licensee hereby acknowledges the right of Licensor to further develop, enhance or modify the Licensed Product for its own use, and that of others, and to grant such licenses as Licensor desires, to Licensor’s existing and future customers.
  3. This License permits Licensee to install the Software on one computer system. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
  4. This is an educational license and the software can be used for non-commercial, educational purposes only.
  5. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 180 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 180 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
  6. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at [address and toll free telephone number].) At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a full refund.
  7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
  8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
  9. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
  10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
  11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
  12. Licensee and Licensor shall each have the right at any time to assign its rights and interests in this License Agreement in connection with its merger or consolidation with a third party or with the sale of substantially all of its assets utilized in the business to which this Agreement relates, without the necessity of obtaining the consent of the other, provided that the assignee expressly assumes and agrees to perform all of the obligations of the assigning party. The party assigning such interest hereby expressly agrees that it will in so doing specifically reserve for the other party all of the rights and privileges herein provided. In the event of the assignment hereof, the party assigning such interest shall notify the other within fifteen (15) days of such assignment. Except as otherwise permitted by the provisions of this Section 11, neither party shall have the right to assign its interests in this License Agreement without the prior written consent of the other party.
  13. If at any time a controversy between Licensor and Licensee arises as to the meaning or operation of this Agreement, such controversy shall be submitted to arbitration by either party in the City of Springfield, Massachusetts, before a panel of three (3) arbitrators, one (1) to be named by Licensor, one (1) to be named by Licensee, and the remaining to be named by the President of the Boston branch of the American Arbitration Association. Proceedings shall be conducted in accordance with the rules and procedures then in effect of the American Arbitration Association or successor organization. The decision of the arbitrator shall be binding upon the parties and judgment on any award made by the arbitrator may be entered in any court having a situs within the Commonwealth of Massachusetts and having jurisdiction thereof. The costs of arbitration, except as provided in Section 5.2, shall be borne equally by Licensor and Licensee.
  14. This License Agreement is governed by the law of Massachusetts applicable to Massachusetts contracts.
  15. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.