"SRD Toolkit" END USER LICENSE AGREEMENT


Definitions


"SRD Toolkit Software", hereinafter referred to as the "Software" means a computer program, including a carrier, whose intended purpose is to read-write configuration and update firmware of SRD-99 type hardware manufactured by SIMEX Sp. z o.o.

"License" - means this License Agreement.

"User" - means the SRD Toolkit Software user under the provisions set forth in the License.

"Simex Sp. z o.o." - SRD Toolkit Software copyright owner, having its principal place of business at: 

ul. Wielopole 7
80-556 Gdańsk
Poland
www.simex.pl



Rights to the Software:


1.  The Software including the attached documentation constitutes a subject matter of copyrights subject to protection pursuant to the Act dated 4 February 1994 on copyright and associated rights.

2.  The Software copyright owner is Simex Sp. z o.o.

3.  Simex Sp. z o.o. holds all rights to grant the Software License to the Users.

4.  This License does not authorize the Software User to make any dispositions whose subject matter is the Software, including, in particular, the transfer of the rights to the Software onto third parties, including renting, leasing or lending the Software in favour of any third parties. This License does not authorize the User to grant any Software sublicenses. The prohibition above does not violate Article 75 of the Act dated 4 February 1994 on copyright and associated rights.

5.  Software and data recorder SRD-99 are inseparably linked together.


Right to use the Software:


1.  The User acquires the right to use the Software under the conditions of this License free of charge.

2.  This non-exclusive, non-transferrable License authorizes the User to use the Software for its intended purpose, exclusively for the purposes related to the operation of SRD-99 data recorder purchased from SIMEX.

3.  The Licence does not authorize the User to make any modifications to the Software or changes of its intended purpose.

4.  The User shall not undertake itself or allow any other parties to undertake any actions to reconstruct the source code of the Software, disassemble, decompile, translate or adapt the Software.

5.  This License authorizes the User to install and use the subject Software on a single PC unit. The User has the right to install and use only one copy of the Software on a computer.
    The Software shall not be simultaneously installed, made available, displayed, started, used jointly or used at the same time on different computers or from different computers, including workstations, terminals and other digital electronic devices connected to a computer network.

6.  The User may make one Backup Copy, which can be used only for archive purposes or to restore the program in the event of a loss or damage thereof.
    The User shall not make any other Backup Copies of the Software or printed materials attached to the Software. 


Term of the License:


1.  This License is hereby granted for an indefinite period.

2.  This License shall be terminated:
  a)  if the Software is not used for its intended purpose,
  b)  theft, destruction or permanent damage of the device, to the extent that its further usage for its intended purpose is impossible.

3.  In case of sale, donation or any other kind of disposition connected with the data recorder SRD-99 owned by the user to the benefit of the third party, rights and duties resulting from this License are transferred in their entirety by law onto the purchaser of the device.


Warranties and liability of Simex Sp. z o.o.:


1.  Simex Sp. z o.o. warrants the User that the Software functions with the SRD-99 device.

2.  The User assumes all risks associated with the functioning of the Software and any consequences of the functioning thereof. Simex Sp. z o.o. shall not be liable for any direct and indirect consequences of the use of the Software.

3.  Simex Sp. z o.o. shall not be liable for any loss resulting from the use of the Software by the User.

4.  Simex Sp. z o.o. excludes its liability to the User under a warranty for physical and legal defects of the Software. Simex Sp. z o.o. does not make any representations with respect to the Software.
