Terms & Conditions

1. ACCEPTANCE OF TERMS

By using Simma Software, Inc. (“Software”), you agree to be bound by the following terms and conditions (“Terms of Service”).

2. LICENSE GRANT

Simma Software grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software strictly in accordance with the terms of this Agreement.

3. RESTRICTIONS

You agree not to, and will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.

4. MODIFICATIONS TO SOFTWARE

Simma Software reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.

5. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Simma Software. Simma Software may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

6. INTELLECTUAL PROPERTY

All intellectual property rights in and to the Software, including but not limited to all copyright, patent, trademark, trade secret, and other proprietary rights, are owned by Simma Software.

7. DISCLAIMER OF WARRANTIES

The Software is provided “as is,” with all faults, defects, bugs, and errors. Simma Software does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will Simma Software be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever arising out of or in any way related to your use of or inability to use the Software.

9. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of the country and state in which Simma Software is located.

10. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.