Waterstream license agreement for PERSONAL USE and/or EVALUATION
Version 1. Effective as of March 1, 2021
The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by SimpleMatter Srl having its principal place of business at Galleria Gandhi 15, 20017 Rho (MI), Italy registered at Camera di Commercio di MILANO MONZA BRIANZA LODI with Registration Number REA MI – 2543915. (“SimpleMatter”) for use only under the terms of this License, and SimpleMatter reserves all rights not expressly granted to you.
The rights granted herein are limited to SimpleMatter’s intellectual property rights in the SimpleMatter Software “Waterstream” and do not include any other patents or intellectual property rights.
You own the media on which the SimpleMatter Software “Waterstream” (From now on only “the software”) is recorded but SimpleMatter and/or SimpleMatter’s licensor(s) retain ownership of the Software itself.
- Permitted License Uses and Restrictions.
This License allows you to install and use one (1) copy of the software only for Personal Use, demonstration and evaluation purposes. You accept full responsibility for the use of this software. You should not use the software with this license in a production environment, for professional purposes and in any business related activity.
This License does not allow the Software to exist on more than one such device or computer at a time.
Software will be operating if and only a valid License Key is provided. License key is assigned to a specific email account using an identification string that uniquely identifies the user to whole the software is licensed. License Key contains an expiration date that will block the software after the expiration date. Upon expiration you shall do either of the following: (a) ask for a new License key to continue to use the Software in agreement with SimpleMatter; or b) uninstall Software.
Use of Software
You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof.
Any attempt to do so is a violation of the rights of SimpleMatter and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages.
THE SOFTWARE IS NOT INTENDED FOR USE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You may rent, lease, lend or sublicense the Software only if any new installation will be accompanied by a license release by SimpleMatter and linked to the new hardware identification number.
You may not rent, lease, lend or sublicense the Software without the proper license mandatory for any new installation.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from SimpleMatter if you fail to comply with any term(s) of this License.
Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
- Restricted use during evaluation period
You may obtain from SimpleMatter a free License Key to evaluate the Software for a period of sixty (60) days, unless otherwise specified.
Use of Software during Evaluation Period shall be subject to the terms of this Agreement and shall be limited to the internal Software evaluation for the sole purpose of determining whether Software meets your requirements and whether you desire to continue using Software.
Upon expiration of Evaluation Period, you shall do either of the following: (a) ask for a new License key to continue to evaluate the Software in agreement with SimpleMatter; or b) uninstall Software.
Software contains a feature that will automatically deactivate the Software upon expiration of Evaluation Period. You may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate any rights to use Software.
- Limited Warranty on Media.
SimpleMatter warrants the media on which the Software is recorded and delivered by SimpleMatter to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at SimpleMatter’s option, either a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to SimpleMatter.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
- Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DANGER AND DANGER’S LICENSORS (COLLECTIVELY REFERRED TO AS “DANGER” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANGER SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)
AND EVEN IF DANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall SimpleMatter’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Law Assurances.
You shall comply with all applicable laws and regulations with regards to: economic sanctions; export controls; import regulations; and trade embargoes (“Sanctions”), including those of the European Union and the United States (specifically the Export Administration Regulations (EAR)). You acknowledge that you are not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, you acknowledge that you will not download or otherwise export or re-export Software or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use Software for any end-use prohibited or restricted by Sanctions.
- Controlling Law and Severability and Choice of Forum.
This License will be governed by and construed in accordance with the laws of the European Union.
This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
You agree that the only courts in which You will bring lawsuits concerning the application or enforcement of this License are courts of competent jurisdiction should be located in Italy and you consent to the exercise of jurisdiction by any such court. This paragraph shall survive in full force and effect regardless of any termination of this License.
- Third Party Notices and Conditions.
The Software may include or utilize certain software in which the source code is available under the MIT License, GPU, or Apache 2.0 License.
SimpleMatter may make modifications to this Code. The license for the Code is included when the code is utilized. Those terms are fully applicable to the use of those portions of the Software that consist of or are derived from the aforementioned Code.
- Complete Agreement; Governing Language.
SimpleMatter reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software.
This License constitutes the entire agreement between the parties with respect to the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SimpleMatter.