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+SimpServer test releases License Agreement
+This Agreement sets forth the terms and conditions under which test releases
+(also called beta versions) of the software known as SimpServer will be licensed
+by Secway SARL ("Secway") to you ("Licensee") for the duration of the test
+IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR
+DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE
+"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
+CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE
+DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-
+ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE
+Terms of the license agreement
+1. LICENSE AGREEMENT. This license agreement governs the obtaining, use,
+duplication, distribution, and modification of the Product and its package. Use,
+duplication, distribution or modification of the Product and its package implies
+the acceptation of this license agreement.
+2. LICENSE GRANT.
+a. Secway grants Licensee a non-exclusive and non-transferable license to
+reproduce and use for personal purposes the executable code version of the
+Product for the duration of the test period, provided any copy must contain all
+of the original proprietary notices.
+b. This license does not entitle Licensee to receive from Secway hard-copy
+documentation, technical support, telephone assistance, or enhancements or
+updates to the Product.
+c. Licensee may not customize the Product unless he has received a written
+agreement from Secway. In this case, the exact terms and extends of this
+customization are to be found in the written agreement.
+d. Licensee may not redistribute the Product unless for personal or
+internal business purposes. Redistribution must be free except possibly for
+media or bandwidth costs, and redistributed files must be the original package
+as obtained from Secway, without any modification. Distribution of the Product
+or its package aggregated with other programs as part of a larger (possibly
+commercial) software distribution may be permitted by a written agreement from
+Secway. Such distribution is also governed by terms of this license agreement
+plus amendments possibly made by the written agreement.
+a. Except as otherwise expressly permitted in this Agreement, Licensee may
+i. modify or create any derivative works of the Product or documentation,
+including translation or localization
+ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise
+transfer rights to the Product
+iii. remove or alter any trademark, logo, copyright or other proprietary
+notices, legends, symbols or labels in the Product
+iv. publish any results of benchmark tests or evaluation or reverse
+engineering (see below) run on the Product to a third party without Secway's
+prior written consent, which cannot be refused without any valid reason.
+b. Decompilation, disassembly, reverse engineering or any attempt to derive
+the source code for the Product is allowed for personal verification purposes
+a. There is no license fee for the Product.
+b. If Licensee wishes to receive the Product on media, there may be a small
+charge for the media and for shipping and handling. Licensee is responsible for
+any and all taxes.
+a. Without prejudice to any other rights, Licensor may terminate this
+Agreement 1) at the end of the test period, as fixed by Licensor and posted to
+its Web site on the Internet or 2) if Licensee breaches any of its terms and
+conditions. Upon termination, Licensee shall destroy all copies of the Product.
+6. PROPRIETARY RIGHTS.
+a. Title, ownership rights, and intellectual property rights in the Product
+shall remain in Secway and/or its suppliers.
+b. Licensee acknowledges such ownership and intellectual property rights
+and will not take any action to jeopardize, limit or interfere in any manner
+with Secway's or its suppliers' ownership of or rights with respect to the
+c. The Product is protected by copyright and other intellectual property
+laws and by international treaties.
+d. Title and related rights in the content accessed through the Product is
+the property of the applicable content owner and is protected by applicable law.
+The license granted under this Agreement gives Licensee no rights to such
+e. The names Secway or Simp or SimpServer may not be used to endorse or
+promote products derived from this software without specific prior written
+7. DISCLAIMER OF WARRANTY.
+BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
+PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
+IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
+IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
+NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
+PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
+PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
+ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
+8. LIMITATION OF LIABILITY.
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR
+ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
+CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
+INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
+COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
+LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL
+OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
+IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
+SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
+LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A
+SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL
+INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
+PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT
+ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
+THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE
+FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
+THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
+The Product containing encryption algorithms that may be forbidden by certain
+legislations or in certain parts of the World, Licensee must ensure himself that
+he has the legal right to import and/or use the Product. When redistributing
+copies of the Product in accordance with 1. and 2., the Licensee shall also
+ensure that he has the legal right to redistribute such copies, especially when
+10. HIGH RISK ACTIVITIES.
+The Product is not fault-tolerant and is not designed, manufactured or intended
+for use or resale as on-line control equipment in hazardous environments
+requiring fail-safe performance, such as in the operation of nuclear facilities,
+aircraft navigation or communication systems, air traffic control, direct life
+support machines, or weapons systems, in which the failure of the Product could
+lead directly to death, personal injury, or severe physical or environmental
+damage ("High Risk Activities"). Accordingly, Licensor and its suppliers
+specifically disclaim any express or implied warranty of fitness for High Risk
+Activities. Licensee agrees that Licensor and its suppliers will not be liable
+for any claims or damages arising from the use of the Product in such
+a. This Agreement constitutes the entire agreement between the parties
+concerning the subject matter hereof.
+b. This Agreement may be amended only by a writing signed by both parties.
+c. Except to the extent applicable law, if any, provides otherwise, this
+Agreement shall be governed by the laws of France.
+d. If any provision in this Agreement should be held illegal or
+unenforceable by a court having jurisdiction, such provision shall be modified
+to the extent necessary to render it enforceable without losing its intent, or
+severed from this Agreement if no such modification is possible, and other
+provisions of this Agreement shall remain in full force and effect.
+e. The controlling language of this Agreement is French. If Licensee has
+received a translation into another language, it has been provided for
+Licensee's convenience only.
+f. A waiver by either party of any term or condition of this Agreement or
+any breach thereof, in any one instance, shall not waive such term or condition
+or any subsequent breach thereof.
+g. The provisions of this Agreement which require or contemplate
+performance after the expiration or termination of this Agreement shall be
+enforceable notwithstanding said expiration or termination.
+h. Licensee may not assign or otherwise transfer by operation of law or
+otherwise this Agreement or any rights or obligations herein except in the case
+of a merger or the sale of all or substantially all of Licensee's assets to
+i. This Agreement shall be binding upon and shall inure to the benefit of
+the parties, their successors and permitted assigns.
+j. Neither party shall be in default or be liable for any delay, failure in
+performance (excepting the obligation to pay) or interruption of service
+resulting directly or indirectly from any cause beyond its reasonable control.
+k. The relationship between Licensor and Licensee is that of independent
+contractors and neither Licensee nor its agents shall have any authority to bind
+Licensor in any way.
+l. If any dispute arises under this Agreement, the prevailing party shall
+be reimbursed by the other party for any and all legal fees and costs associated
+m. The headings to the sections of this Agreement are used for convenience
+only and shall have no substantive meaning.
+n. Licensor may use Licensee's name in any customer reference list or in
+any press release issued by Licensor regarding the licensing of the Product
+and/or provide Licensee's name and the names of the Product licensed by Licensee
+to third parties.
+[end.] \ No newline at end of file