TERMS AND CONDITIONS FOR USE OF Px-SIM (AUGUST 2008)
EVALUATION VERSION ONLY
Welcome to simulation modelling made easy with Px-SIM
- You are free to install and register unlimited copies of the evaluation version of Px-SIM and any later revised evaluation versions for you and your organisation for demonstration, evaluation or education purposes. Such copies of Px-SIM allow you to view all of Px-SIM’s features, including the help system and on-line support portal and review any of the demonstration or training data and scenarios. Any data changes you make cannot be saved to the database in this free evaluation edition.
- The owner of Px-SIM including the printed materials and online documentation is Lanner Group Limited of The Oaks, Clews Road, Redditch, B98 7ST UK (“Lanner”).
- PLEASE NOTE: THIS OFFER TO EVALUATE AND SUBSCRIBE TO PX-SIM DOES NOT APPLY TO ANY BUSINESS OPERATING IN COMPETITION WITH LANNER. ALL SUCH BUSINESSES ARE EXPRESSLY PROHIBITED FROM INSTALLING AND REGISTERING Px-SIM.
TO SUBSCRIBE
How can I activate Px-SIM so that I can build and save working models?
- To actively use Px-SIM if you want to save your data or run new simulations you must subscribe by paying Lanner a conditional access subscription fee (“Subscription Fee”). Your initial subscription period (“Initial Period”) is for one year. Your subscription is made subject to the terms and conditions set out under the heading ‘Active Subscriber’ which you must read and accept as indicated before your subscription becomes active.
- Upon receipt of the Subscription Fee, we will send you a revised version of Px-SIM if appropriate and an activation code which acts as a key so that you can unlock (unencrypt) Px-SIM for the Initial Period.
- Upon entry of the activation code, Px-SIM will become an active license edition, at which point you will be required to confirm your registration details and acceptance of these terms and conditions.
- Upon the expiration of the Initial Period and all subsequent periods for which Px-SIM remains available on subscription you will be invited to renew your subscription for the then current Subscription Fee. Upon receipt of the Subscription Fee for each relevant period we will send you an activation code update for that period. Px-SIM will not be available to you until we have received the relevant Subscription Fee. You can only use Px-SIM on the computer which is registered with the activation code. Any attempt to use the activation code on another computer or for a different installation of Px-SIM on another computer will invalidate the activation code.
- If you lose your activation code, or it becomes invalid, you may be charged for the cost of replacement.
ACTIVE SUBSCRIBER ONLY
Click on the “ACCEPT” option under the Software Activation tab if you have read and accept all the conditional access subscription terms of this license for the Px-SIM Software product (“Px-SIM”) which will bind you (the “Subscriber”) and your organisation. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms ‘You’ and ‘Your’ shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this license we are unwilling to license Px-SIM to you and you must discontinue installation now by clicking on the “DECLINE” option. The owner of Px-SIM is Lanner Group Limited of The Oaks, Clews Road, Redditch, B98 7ST UK (“Lanner”).
1. The Active Subscriber License
Lanner, its agent or reseller (the “Seller”) grants the Subscriber a non-exclusive, non‑transferable license to use Px-SIM upon the terms and subject to the conditions of this License and without any right to sub-license for the period for which the Seller has received a subscription fee (the “Subscription Period”). This License entitles the Subscriber to use Px-SIM on a computer running a copy of Microsoft Vista or Windows XP solely within the Subscriber’s site to which it is delivered unless agreed otherwise by the Seller in writing. A full list of the versions of Microsoft operating systems under which Px-SIM will operate is available at www.lanner.com/px-sim.
2. Restrictions on License
2.1 Use of Px-SIM is permitted via the internet, VPN or any other mode by those whose main place of work is at the site which the Subscriber has registered with Lanner as the principal site from which Px-SIM will be used. No other use of Px-SIM is permitted including, without limitation, any other person or organization located at a site other than where Px-SIM is licensed via the internet, VPN or any other mode.
2.2 You may not install and register a copy of Px-SIM if you are in Lanner’s reasonable opinion in competition with Lanner.
2.3 If the Subscriber is a person, or a corporate or other body whose normal business is education the Subscriber may not use Px-SIM to provide consultancy services forremuneration without the prior written consent and accreditation of the Seller.
3. Support and Upgrades
3.1 Throughout the Subscription Period the Seller shall make revised versions of Px-SIM available at its discretion and provide a telephone and email advisory service during the Seller’s normal business hours.
3.2 The Seller shall not be obliged to provide support services when such support is required as a result of misuse of Px-SIM, operator error or failure by the Subscriber to use revised versions of Px-SIM provided by the Seller.
3.3 For the purpose of providing support services, the Subscriber will, when requested by the Seller, reproduce the symptoms of any error or defect on request and obtain further diagnostic information and will allow access to Px-SIM by the Seller.
4. Subscriber’s Undertakings
The Subscriber shall neither make any modifications or additions to nor shall it duplicate Px-SIM, nor attempt to reverse engineer, decompile or disassemble Px-SIM except as permitted by law.
5. Copyright, Patents, Trade Marks and Other Intellectual Property Rights
The Subscriber acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with Px-SIM and the Documentation are the sole property of Lanner or of a third party from which Lanner has acquired the right to use and license the use of software. The Subscriber may not use any trade name, trademark or logo of Lanner without Lanner’s prior written agreement, application for which may be made to the Company Secretary of Lanner at the address shown above.
6. Revised versions
Any revised version of Px-SIM provided to the Subscriber by the Seller from time to time shall be subject to the provisions of this license.
7. Warranty
7.1 The Seller warrants that Px-SIM will perform as described in the Documentation in all material respects. The Documentation includes, but is not limited to, the on-line help system supplied as part of Px-SIM. The Subscriber will be solely responsible for satisfying itself as to the suitability of Px-SIM for its purpose and for the results it obtains from the use of Px-SIM. No warranty is given that Px-SIM is fit for any purpose (whether or not made known to the Seller) other than as indicated in the Documentation.
7.2 The Subscriber acknowledges that software in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this Licence. This acknowledgement does not affect statutory rights.
7.3 If Px-SIM fails to perform as described in the Documentation in any material respect during a period of 90 days from issue of the software activation code the Seller may, at its sole option, either replace Px-SIM free of charge, or require the deactivation of Px-SIM and refund the subscription subject to the Seller receiving written notice of any defect from the Subscriber within 14 days of the Subscriber becoming aware of any such defect; and Px-SIM having been properly and correctly used by the Subscriber.
7.4 The Seller warrants that the support services to be performed by the Seller will be performed with due care and skill by appropriately experienced personnel.
8. Seller’s Liability
The Seller shall not be liable for any claims for economic loss, loss of profit, or any other indirect or consequential loss (“Claim”) suffered by the Subscriber whether in contract or in tort arising out of or in connection with this license. In all other circumstances except fraudulent misrepresentation, death or personal injury to which no limit shall apply the liability of the Seller for any claim for injury, loss or damage made by the Subscriber against the Seller whether in contract or in tort (including negligence on the part of the Seller or its employees) shall be limited to 150% of the subscription fee paid by the Subscriber for the subscription Period in which the matter(s) giving rise to the Claim occurs in respect of any single occurrence or series of related occurrences.
9. Termination
9.1 The Seller may terminate this license by notice in writing to the Subscriber if the Subscriber is in breach of any term, condition or provision of this license and fails to remedy such breach (if capable of remedy) within 10 days of having received written notice from the Seller specifying such breach.
9.2 Termination, howsoever or whenever occasioned, shall be without prejudice to the rights of either party against the other subsisting at the date of termination.
10. Law
This agreement and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales.
Any Questions?
If you have questions regarding these terms and conditions or wish to seek Lanner’s consent for any use of Px-SIM not permitted under these terms and conditions please send an email to px-sim@lanner.com.
