End User License Agreement
This SIMPLY MODBUS End User License Agreement (EULA) is a legal agreement between you
(either an individual or a single entity) and SIMPLY MODBUS. This agreement covers the software
program and all associated materials including media, online and electronic documentation, and printed
materials, the combination of which will be referred to as SOFTWARE. When you install, copy or use
the SOFTWARE, you agree to be bound by the terms of this license.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, DO
NOT INSTALL OR USE THE SOFTWARE.
SOFTWARE LICENSE
This SOFTWARE is copyrighted to SIMPLY MODBUS and is licensed by SIMPLY MODBUS.
The SOFTWARE is free to copy, disclose, transmit and reproduce as long as it is left in its
demonstration mode without the license key entered.
1. GRANT OF A SINGLE USER LICENSE
a) SIMPLY MODBUS grants to your organization the right to use the license for the SOFTWARE
as either a Compute-based license or a Named User license.
b) Computer-Based License. If you choose to use a computer-based license, you may install the
Software on one (1) computer in your workplace. For the purposes of this Agreement, a
computer will be one computing device or, if the Software is being used in connection with a
virtual machine, one virtual machine on a computing device. There is no limitation on the
number of your employees that may access and use the Software installed on such computer. All
of the Software must be installed and used on the same computer. You may not share access to
the installed Software over a network such that the installed Software can be run on a different
computer. You may change the designated computer to another computer within the applicable
single workplace, provided that none of the Software remains installed on the previous
designated computer
c) Named User License. If you choose to use a named user license, you may install the Software on
up to three (3) computers in a single workplace of one (1) individual you designate as the Named
User. For the purposes of this Agreement, a computer will be one computing device or, if the
Software is being used in connection with a virtual machine, one virtual machine on a computing
device. Only the Named User may use or otherwise run the Software, and the Software may not
be run on more than one computer at a time. You may not share access to the installed Software
over a network such that the installed Software can be run by a different user. You may change
the Named User to another designated employee; no more than four (4) such changes may occur
per calendar year. At your discretion, you may convert a named user license to a computer-based
license.
d) The license for the SOFTWARE may not be shared or used by other organizations or on multiple
computers within the one organization.
2. GRANT OF A TWO USER LICENSE
a) SIMPLY MODBUS grants to your organization the right to use the license for the SOFTWARE
as either a Compute-based license or a Named User license.
b) Computer-Based License. If you choose to use a computer-based license, you may install the
Software on two (2) computers in your workplace. For the purposes of this Agreement, a
computer will be one computing device or, if the Software is being used in connection with a
virtual machine, one virtual machine on a computing device. There is no limitation on the
number of your employees that may access and use the Software installed on such computers.
All of the Software must be installed and used on the same two computers. You may not share
access to the installed Software over a network such that the installed Software can be run on a
different computer. You may change the designated computers to other computers within the
applicable single workplace, provided that none of the Software remains installed on the
previous designated computers.
c) Named User License. If you choose to use a named user license, you may install the Software on
up to three (3) computers in a single workplace of two (2) individuals you designate as the
Named Users. For the purposes of this Agreement, a computer will be one computing device or,
if the Software is being used in connection with a virtual machine, one virtual machine on a
computing device. Only the Named Users may use or otherwise run the Software, and the
Software may not be run on more than two computers at a time. You may not share access to the
installed Software over a network such that the installed Software can be run by a different user.
You may change the Named Users to other designated employees; no more than four (4) such
changes may occur per calendar year. At your discretion, you may convert a named user license
to a computer-based license.
d) The license for the SOFTWARE may not be shared or used by other organizations or on more
than two computers within the one organization.
3. GRANT OF SITE LICENSE
a) SIMPLY MODBUS grants to your organization the right to use the license for the SOFTWARE.
You may install the Software on all computers within one organization at one physical address,
unless otherwise agreed in writing by SIMPLY MODBUS staff. For the purposes of this
Agreement, a computer will be one computing device or, if the Software is being used in
connection with a virtual machine, one virtual machine on a computing device. There is no
limitation on the number of your employees that may access and use the Software installed on
such computers. You may share access to the installed Software over a network such that the
installed Software can be run on a different computers within one organization.
b) The license for the SOFTWARE may not be shared or used by other organizations or on other
computers within the one organization at a different physical address.
4. OTHER RIGHTS, LIMITATIONS and RESTRICTIONS
a) SIMPLY MODBUS owns the SOFTWARE and retains ownership of the SOFTWARE at all
times.
b) You hereby acknowledge and agree that this license gives you no right to the content of the
SOFTWARE.
c) This License Agreement conveys only a limited right of use of the SOFTWARE, which is
revocable in accordance with the terms of this EULA.
d) This license is your proof of license to exercise the rights granted herein and must be retained by
you.
e) You may not modify, translate, reverse program, de-compile, disassemble, or otherwise reverse
engineer the SOFTWARE, except to the extent the foregoing restriction is expressly prohibited
by applicable law.
f) You may not rent, lease, or grant a security interest in the SOFTWARE, but you may transfer the
SOFTWARE on a permanent basis provided you retain no copies and the recipient agrees to the
terms of this Agreement.
g) You may not remove any proprietary notices or labels on the SOFTWARE.
5. LIMITED WARRANTY - NO WARRANTIES
a) SIMPLY MODBUS expressly disclaims any warranty for the SOFTWARE.
b) The SOFTWARE is provided "as is" without warranty of any kind, either express or implied,
including, without limitation, any warranties of merchantability, fitness for a particular purpose,
or non-infringement.
c) The entire risk arising out of use or performance of the SOFTWARE remains with you.
6. LIABILITY
a) In no event shall SIMPLY MODBUS or its suppliers be liable for any direct, indirect, special,
incidental or consequential damages whatsoever (including, without limitation, damages for loss
of business profit, pecuniary loss) arising out of the use of or inability to use the SOFTWARE,
even if SIMPLY MODBUS has been advised to the possibility of such damages.
b) Because some locations do not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you.
c) SIMPLY MODBUS liability shall be limited to the purchase price of the SOFTWARE,
regardless of the source of the liability.
7. TRADEMARK
a) No right, license or interest to any trademark or service mark owned by SIMPLY MODBUS is
granted hereunder and you agree that no such right, license or interest shall be asserted by you
with respect to such trademarks or service marks.
8. COPYRIGHT
a) All title and copyrights in and to the SOFTWARE (including but not limited to any icons,
images, text, photographs, video, animations, audio, music, and "applets" incorporated into the
SOFTWARE) and any copies of the SOFTWARE are owned by SIMPLY MODBUS.
b) The SOFTWARE is protected by Canada copyright laws, international treaty provisions and
intellectual property laws and treaties.
9. SEVERABILITY
a) Should any term of this License Agreement be declared void or unenforceable by any court of
competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
10. TERMINATION
a) This license will terminate automatically if you fail to comply with the limitations described
herein. On termination you agree to destroy all copies of the SOFTWARE and any
documentation.
11. GOVERNING LAW
a) If you acquired the SOFTWARE in the United States, this End User License Agreement shall be
construed and governed in accordance with the laws of the State of Texas, U.S.A.
b) If you acquired the SOFTWARE in Canada, this End User License Agreement shall be construed
and governed in accordance with the laws of the Province of Alberta, Canada.
c) If you acquired the SOFTWARE outside of the United States and Canada, local laws may apply.