IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single legal entity)and Humaan Pty Ltd to use SimpleSafe (the "Software"). This EULA applies after the Licensee has received the Software from Humaan Pty Ltd or the SimpleSafe website. An amendment or addendum to this EULA may accompany the Software. The SimpleSafe application, together with all materials included in or distributed through it, is licensed, not sold, to you by Humaan Pty Ltd. Humaan Pty Ltd reserves all rights not expressly granted to you within this Agreement. By downloading, installing, copying or otherwise using all or any portion of the Software you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use SimpleSafe.
Definition of Website A "Website" is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of Humaan Pty Ltd.
2. GRANT OF LICENSE
Humaan Pty Ltd grants you a non-exclusive license to install and use a single instance of the Software on a specific Website.
You agree not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
Each license granted by Humaan Pty Ltd under this EULA is unless otherwise specified in this EULA or agreed by Humaan Pty Ltd in writing; worldwide, non-exclusive, non- transferable and non-sublicensable.
Additional Software licenses must be purchased in order to install and use the Software on additional Websites. Humaan Pty Ltd reserves the right to determine whether use of the Software qualifies under this Agreement. Humaan Pty Ltd owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.
3. PERMITTED COMPUTERS
Except as otherwise agreed in writing by Humaan Pty Ltd, you must only install the Software and make the the Software available for use on Websites owned, leased or controlled by you.
You are permitted to copy the Software for data protection, archiving and backup purposes provided that you reproduce the Software in its original form and with all proprietary notices kept on the backup copy.
5. COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to the Software and to any whole or partial copies that you make are owned by Humaan Pty Ltd or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the Software except where explicitly allowed in the terms of this Agreement. You agree not to remove any label indicating that the Software is the subject of copyright and other intellectual, industrial or proprietary rights of Humaan Pty Ltd and/or third parties. You may not redistribute the Software or any part thereof. You agree not to purchase the Software licenses for the purpose of reselling and/or distributing them, unless prior written agreement from Humaan Pty Ltd is granted.
6. LIMITATION OF LICENSE VALIDITY
Any License to use the Software granted to you under this Agreement is limited to the current major release of the Software exclusively. Humaan Pty Ltd will at its sole discretion decide when a version of the Software will be considered a new major release. Humaan Pty Ltd reserves the right to change the terms of this agreement in any future major or minor release of the Software.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless Humaan Pty Ltd, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Humaan Pty Ltd is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise – including in each case, but not limited to damages rising from inability to use the Software or access data, loss of data, loss of business, loss of profits, business interruptions or the like – arising out of the use or inability to use the Software even if Humaan Pty Ltd has been advised of the possibility of such damages. Notwithstanding the above, or anything else contained in this Agreement, neither party's liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event will the author's total cumulative damages exceed the fees you paid to the author under this agreement in the most recent twelve month period.
9. ONLINE ACTIVATION
The Software requires online activation in order to use it under the non-exclusive License Terms. If you do not activate or you do not have a valid license for your copy of the Software, all of or part of the functionality of your copy of the Software will disable automatically and you will be signed out within 30 seconds of logging into the application. Humaan Pty Ltd may at its sole discretion decide to adjust the exact technical conditions under which unactivated the Software copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of the Software. Your licensed use of the Software is bound to the computer or Website you used to complete activation. If you need to reactivate your copy of the Software, you can do so through your SimpleSafe account at www.simplesafe.net
Humaan Pty Ltd will not sell or in any way license usage of your personal information to third parties.
This Agreement is effective until terminated. Without prejudice to any other rights, Humaan Pty Ltd may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of the Software and delete all copies of the Software that are in your possession.
Humaan Pty Ltd does not warrant that the Software operates on the Website you intend the Software to be used on and you shall be solely responsible for obtaining a Website compatible with the Software. Humaan Pty Ltd is providing you the Software on an 'as-is' basis and no warranty, either expressed or implied, is given.
Humaan Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume all risk associated with the quality, performance, installation and use of the software including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. You are solely responsible for determining the appropriateness of use of the software and assume all risks associated with its use.
13. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and Humaan Pty Ltd relating to the Software and supersedes all prior oral or written communications and representation with respect to the Software or any other subject matter covered by this Agreement.
If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
If the Software is acquired in Australia by the Licensee, the Licensee must comply with all applicable Australian export control laws and regulations, including without limitation, the laws and regulations administered by the Australian Department of Foreign Affairs and Trade (or any replacement department or authority).
If the Software is acquired by the Licensee in the United States, the Licensee acknowledges: (a) the Software is subject to U.S. export jurisdiction and agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and notwithstanding the above; and (b) the provisions of the USA Uniform Computer Information Transaction Act do not apply to this EULA.
The export of the Software from the country of original purchase may be subject to control or restriction by applicable local law. Licensee is solely responsible for determining the existence and application of any such law to any proposed export and for obtaining any needed authorization. Licensee agrees not to export the Software from any country in violation of applicable legal restrictions on such export.
16. APPLICABLE LAW
This EULA is governed by the laws of Western Australia (WA), Australia, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of WA, Australia.
If you have any questions concerning this Agreement, or questions regarding the Software, please contact Humaan Pty Ltd through the appropriate sections of www.simplesafe.net