End-User License Agreement (EULA) of ANSim
This End-User License Agreement ("EULA") is a legal agreement between Licensee(s) and Phoenix Antenna Systems Ltd. (Phoenix)
This EULA agreement governs your acquisition and use of our ANSim software ("Software") directly from Phoenix or indirectly through a Phoenix authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the ANSim software. It provides a license to use the ANSim software and contains warranty information and liability disclaimers.
If Licensee(s) registers for a free trial of the ANSim software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the ANSim software, Licensee(s) is confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If Licensee(s) is entering into this EULA agreement on behalf of a company or other legal entity, Licensee(s) represent that Licensee(s) has the authority to bind such entity and its affiliates to these terms and conditions. If Licensee(s) does not have such authority or if Licensee(s) does not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and Licensee(s) must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Phoenix herewith regardless of whether other software is referred to or described herein. The terms also apply to any Phoenix updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Phoenix hereby grants Licensee(s) a non-transferable, non-exclusive license to use the ANSim software on your device(s) in accordance with the terms of this EULA agreement.
Licensee(s) is permitted to load the ANSim software (for example a PC, laptop, mobile or tablet) under your control. Licensee(s) is responsible for ensuring your device(s) meets the minimum requirements of the ANSim software.
Licensee(s) is not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- use the Software for any purpose that Phoenix considers is a breach of this EULA agreement
Intellectual Property and Ownership
Phoenix shall at all times retain ownership of the Software as originally downloaded by Licensee(s) and all subsequent downloads of the Software by Licensee(s). The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Phoenix.
Phoenix reserves the right to grant licenses to use the Software to third parties.
Limitation of Liability
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Due in part, to the nature of the software and it’s reliance on proper user input, Phoenix shall not be liable to Licensee(s) for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if Phoenix knew or should have known of the possibility thereof. In no event shall Phoenix's aggregate liability exceed the amounts actually paid by Licensee(s) in the 12 month period immediately preceding the event giving rise to the claim."
This EULA agreement is effective from the date Licensee(s) first use the Software and shall continue for a period of 3 years from the date of purchase.
It will also terminate immediately if Licensee(s) fails to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and Licensee(s) agrees 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.
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 Ontario, Canada.