SIMUONE NETWORK INTELLIGENCE UNIT (NIU) COMMUNITY 2019

​

These license terms are an agreement between you and SimuOne (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any SimuOne services or updates for the software, except to the extent those have different terms.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

1. INSTALLATION AND USE RIGHTS.

   1. Individual License. If you are an individual working on your own applications build on SimuOne Applications and SDK to sell or for any other purpose, you may use the software to develop and test those applications targeted for SimuOne’s platforms.

   2. Organizational License. If you are a mobile telecom operator, your users may use the software as follows:

      • Any number of your users may use the software for reporting, provisioning and other tasks related to the suite usability pattern in a mobile telecom operator setting,

      • Any number of your users may use the software to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses,

      • If you are part of an outsourcing entity, your employees and contractors may not use the software.

An “outsourcing entity” is any organization and its affiliates who have formally engaged in agreement to have (a) any 3rd party performing routine maintenance tasks on core equipment in substantial way (b) or having no operational staff on hire for maintaining core infrastructure, “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization.

A “mobile telecom operator” is

1. any mobile network operator or MNO, also known as a wireless service provider, wireless carrier, cellular company, or mobile network carrier, which is a provider of wireless communications services that owns or controls all the elements necessary to sell and deliver services to an end user including radio spectrum allocation, wireless network infrastructure, back haul infrastructure, billing, customer care, provisioning computer systems and marketing and repair organizations, and is registered at the GSMA list of network operators with an Mobile Network Codes for the country of operation to which the license is applied.
    

2. any mobile virtual network operator (MVNO), virtual network operator (VNO), or mobile other licensed operator (MOLO), providing wireless communications services which does not own the wireless network infrastructure over which it provides services to its customers. By MVNO means any organization that have enter into a business agreement with a mobile network operator as defined in a to obtain bulk access to network services at wholesale rates, then sets retail prices independently.

 

1. Backup Copy. You may make one backup copy of the software, for reinstalling the software.

​

1. TERMS FOR SPECIFIC COMPONENTS.

   1. Font Components. While the software is running, you may use its fonts to display and print content. You may only (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to print content. 

   2. Package Managers. The software includes package managers, like yum, that give you the option to download other third-party software packages to use with your application. Those packages are under their own licenses, and not this agreement. SimuOne does not distribute, license or provide any warranties for any of the third-party packages.

2. DATA.

   1. Processing of Data. To the extent SimuOne is a processor or sub-processor of personal data in connection with the software, SimuOne makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018.

3. SCOPE OF LICENSE. The software is licensed, not sold, and the license must be electronically confirmed every 30 days from the license activation. This agreement only gives you some rights to use the software. SimuOne reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:

   • work around any technical limitations in the software;

   • reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software;

   • remove, minimize, block or modify any notices of SimuOne or its suppliers in the software;

   • use the software in any way that is against the law; or

   • share, publish, rent or lease the software, provide the software as a stand-alone offering for others to use, cloud environment, as a service or monetarize in another way and you may not transfer the software or this agreement to any third party.

4. SUPPORT. Because the software is “as is,” we may not provide support services for it.

5. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

6. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users and end use.

7. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.

8. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with SimuOne, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

   1. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.

   2. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.

   3. Germany and Austria.

      1. Warranty. The software will perform substantially as described in any SimuOne materials that accompany it. However, SimuOne gives no contractual guarantee in relation to the software.

      2. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, SimuOne is liable according to the statutory law.

Subject to the foregoing clause (ii), SimuOne will only be liable for slight negligence if SimuOne is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, SimuOne will not be liable for slight negligence.

1. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. SIMUONE GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SIMUONE EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. LIMITATION ON DAMAGES. YOU CAN RECOVER FROM SIMUONE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third-party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

​

It also applies even if SimuOne knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

​

​

​