End User License Agreement (EULA)

for Simpleum Media GmbH („Simpleum“) Products

This Agreement is valid for Trial Version and Full Version Licenses of Simpleum products.

PLEASE READ THIS END USER LICENSE AGREEMENT („EULA“ or “LICENSE”) CAREFULLY BEFORE INSTALLING OR USING SIMPLEUM SOFTWARE (“SOFTWARE”). BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.

This end-user license agreement is a legal agreement between you (an individual or a single entity) and Simpleum for Trial and Full Versions of the Simpleum software.

Definitions

In this Agreement, the following terms shall have the meanings indicated, both the singular and plural forms and all verb forms of these terms are defined:

  • ”Software” means all of the contents of the files or other media for which this Agreement is provided, including but not limited to a license key and software setup files and modified versions, updates, additions, and copies of the software, if any, licensed to you by Simpleum (“Updates”). Software and Updates are Products.
  • ”Use” implies to access, download, install, copy or get benefit from using the software in accordance with the Documentation.
  • “User” is a person who uses the Trial Version of the software or a license purchased through our own store or Apple’s Mac App Store.
  • “Trial Version” means a version of the software that can be used for a limited time and/or has limited functionality with the aim of demonstration and evaluation. A Trial Version allows to test software features before having to purchase a copy via Simpleum’s own store (if available) or via Apple’s Mac App Store.
  • „Trial Period“ means a limited amount of time and/or a limited amount of starts of the software. After the limit is reached the Trial Period is over.
  • “Activate” means turning a copy of the Trial Version into a licensed Full Version of the same software by entering the license key provided by Simpleum into the software.

General

Simpleum Media GmbH, Hamburg, Germany (“Simpleum”), as the licensor, grants you a non-exclusive right to use software under the terms of the End User License Agreement. Simpleum reserves all rights not expressly granted to you. Simpleum retains the ownership of software. The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Permitted License Uses and Restrictions

Subject to your compliance with this EULA, Simpleum grants you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

  • The Trial Version of the software may be installed and used for the purpose of trying and evaluating this software.
  • The Trial Version of the software may be installed and used on up to two Macintosh systems (Mac).
  • After the Trial Period of using the software is over (after 30 days (24 hour period) starting from the moment of installation), a user is not allowed to use the Trial Version on the Macintosh system where Trial was previously installed and expired.
  • A license purchased through Apple’s Mac App Store allows the licensee to download and use the software on his/her system. A user may install a license to the unlisted number of systems if he or she downloads the software through his or her Mac App Store account according to which he or she purchased the software.
  • A license purchased through Simpleum’s own store allows the licensee to activate the software on their system. If the user purchased a volume license, the number of activations should not exceed the number of licenses purchased. If the user exceeds the limit, Simpleum reserves the right to block the license key for future use.
  • Unauthorized copying of the software is expressly forbidden.
  • The distribution of the license or Trial of the software does not entitle any compensation from the licensor (Simpleum).
  • The user of the software may not rent, lease, or lend the software to anyone.
  • The user of the software may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify the software.
  • In order to purchase the full license of the software through Apple Mac App Store, the user of the software may sign the Terms of Agreement provided by Apple Inc. and may fall under restrictions if fails to comply with the terms and conditions of his or her agreement with Apple Inc.

Consent to use of Data

You agree that Simpleum and its subsidiaries may collect and use technical and related information in order to improve our products or to provide services or technologies to you as long as it is in a form that does not personally identify you.

Termination

The Trial Version of the software is effective until terminated. Your rights under this version will terminate by Simpleum automatically after the trial period is over.

Export Laws

This License Agreement involves products and/or technical data that may be controlled under the laws and regulations of the United States and other countries, including but not limited to the United States Export Administration Regulations, or any other applicable law, regulation or order (“Export Laws”). This applies in particular to cryptography. You shall comply with all Export Laws to assure that the Software is not exported, directly or indirectly, in contravention of the Export laws.

Disclaimer of Warranties

YOU USE OF THE SOFTWARE AT YOUR SOLE RISK. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND SIMPLEUM SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL OR WRITTEN ADVICE GIVEN BY SIMPLEUM, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE IF THIS WARRANTY AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

Liability Limitation

SIMPLEUM OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE CANNOT BE LIABLE FOR, AND SHALL NOT PAY ANY AMOUNT OF INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFIT, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE). YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

This agreement is governed by German law.  The use of the licensed software may also be subject to other local, state, national, or international laws.

Any dispute or claim arising out of this Agreement shall be finally settled by arbitration in Hamburg, Germany.