EULA - Simpolium

End-User License Agreement (EULA) of Cityscape Pro

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

This End-User License Agreement (“EULA”) is a legal agreement between you, a physical person or legal entity (“You”), and Simpolium LLC, having its registered office at 14 Galaktion Tabidze St. Tbilisi, Georgia (“SIMPOLIUM“).

This EULA agreement governs your acquisition and use of Cityscape Pro software (“THE SOFTWARE“) directly from SIMPOLIUM or indirectly through a SIMPOLIUM authorized reseller or distributor (“RESELLER“). This is a license agreement and not an agreement for sale, THE SOFTWARE is licensed and not sold.

Please read this EULA agreement carefully before completing the installation process and using THE SOFTWARE. It contains warranty information and liability disclaimers.

If you register for a free trial of the THE SOFTWARE, this EULA agreement will also govern that trial. By clicking “Next” or installing and/or using THE SOFTWARE, you are confirming your acceptance of THE SOFTWARE and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use THE SOFTWARE, and you must not accept this EULA agreement.

This EULA agreement shall apply only to THE SOFTWARE supplied by SIMPOLIUM herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services and support services provided by SIMPOLIUM for THE SOFTWARE, unless other terms accompany those items on delivery. If so, those terms apply.

1. License Grant

1.1. SIMPOLIUM is empowered, and has agreed in consideration of the payment by you of the license fee grants you a personal, non-transferable, non-exclusive license to use THE SOFTWARE on your computer systems in accordance with the terms of this EULA agreement. You acknowledge and agree that possession, installation, or use of THE SOFTWARE does not transfer to you any title to SIMPOLIUM’s intellectual property.

1.2. You are permitted to install the THE SOFTWARE on the computer system under your control. You are responsible for ensuring your computer system meets the minimum requirements of THE SOFTWARE.

1.3. Available licenses are:

a. Workstation license: One Workstation license permits a single user and use THE SOFTWARE’s user interface on only one computer system at one location at any one time.

b. Render Node license: Permits you to install copies of THE SOFTWARE on computer systems under your control, solely for the purpose of repetitive rendering of images. You are not permitted to install and use THE SOFTWARE if you don’t have at least one valid Workstation license.

1.4. Trial versions are fully licensed for a period of 45 days and are designed solely for Evaluation purposes. Trial are not to be used for profit, production or commercial use.

2. Warranty and defects

2.1. SIMPOLIUM makes no warranties in respect of THE SOFTWARE and excludes all other warranties, expressed or implied, oral or written. There is no warranty by SIMPOLIUM or by any other party that THE SOFTWARE features will meet your requirements or that the operation of THE SOFTWARE will be uninterrupted or error-free. You assume all responsibility and risk for the selection of THE SOFTWARE to achieve your intended results.

3. Limitation of liability

3.1. You and SIMPOLIUM acknowledge and agree that SIMPOLIUM will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not You have been advised or otherwise might have anticipated the possibility of such loss or damage.

4. Restrictions on use

4.1. You are not permitted to:

a. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of THE SOFTWARE or the whole or any part of THE SOFTWARE to be combined with or become incorporated in any other software, decompile, disassemble or reverse engineer THE SOFTWARE or attempt to do any such things.

b. Use SIMPOLIUM’s name, logo and graphics file that represents the THE SOFTWARE in any way to promote products developed with THE SOFTWARE, unless you have a written agreement signed by SIMPOLIUM.

c. Reproduce, copy, distribute, resell or otherwise use THE SOFTWARE for any commercial purpose.

d. Allow any third party to use THE SOFTWARE on behalf of or for the benefit of any third party.

e. Use THE SOFTWARE in any way which breaches any applicable local, national or international law.

f. Use THE SOFTWARE for any purpose that SIMPOLIUM considers is a breach of this EULA agreement

5. Intellectual Property and Ownership

5.1. SIMPOLIUM shall at all times retain ownership of THE SOFTWARE as originally downloaded by you and all subsequent downloads of THE SOFTWARE by you. THE SOFTWARE (and the copyright, source code, and other intellectual property rights of whatever nature in THE SOFTWARE, including any modifications made thereto) are and shall remain the property of SIMPOLIUM.

5.2. SIMPOLIUM reserves the right to grant licenses to use THE SOFTWARE to third parties.

6. Termination

6.1. This EULA agreement is effective from the date you first use THE SOFTWARE and shall continue until terminated. You may terminate it at any time upon written notice to SIMPOLIUM.

6.2. The term of each of the licenses, acquired under EULA, is indicated in the About section in THE SOFTWARE interface.

6.3. The EULA agreement will terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of THE SOFTWARE. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

7. Right to Monitor

7.1. In order to properly authorize the THE SOFTWARE, SIMPOLIUM may also obtain certain information about the user’s computer system. SIMPOLIUM reserves the right to review and monitor all use of THE SOFTWARE to ensure the compliance with the terms of this EULA agreement. SIMPOLIUM understands, that this information may be sensible and shall consider it as confidential.

8. Third party libraries acknowledgement

8.1. THE SOFTWARE uses parts of BerconMaps by Jerry Ylilammi licensed under Apache License, version 2.0. Source code: https://github.com/Bercon/BerconMaps

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

9. Governing Law

9.1. This EULA agreement and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Georgia.

9.2. In the event any of the terms of EULA agreement is declared void because it conflicts with the applicable law, the rest of the terms and EULA agreement as a whole will remain in full effect. Such invalid term will be superseded by the legal provisions.