ASHES END USER LICENSE AGREEMENT FOR EVALUATION

This End User License Agreement (the ”EULA”) is a legal agreement between You, being Licensee and SIMIS AS (the “Licensor”). 

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
 
THE SOFTWARE IS PROPRIETARY TO LICENSOR AND IS, AS SUCH, SUBJECT TO COPYRIGHT PROTECTION AND IT IS LICENSED TO LICENSEE, HEREUNDER; NOT SOLD.
Definitions:
«EULA» means these terms and conditions.

«Licensee» means the person that has entered into the License Agreement with Licensor.

«License Agreement» means the software license agreement, signed on behalf of Licensee and Licensor, including the terms and conditions set out in this EULA.

«Software» means the computer programs Ashes. The Software is a copyrighted work whose copyright is held by Simis AS (the "Licensor").

1. Grant of License
Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided:

You may use and run the Program for EVALUATION. Use cases such as teaching, research, commercial, and/or other use cases in academic, commercial, industry, or other organizational settings are prohibited and require AN ADDITIONAL LICENSE. 

If your evaluation includes using any of the cloud features offered by the Program, it must be done considering that any or all of the cloud services can be terminated without further notice. 

To use the Software for other than evaluation, You must have a valid license to do so in addition to this license.

You are prohibited from making the Software available to any third parties. 

2. Intellectual property rights
All rights not expressly granted by Licensor to You are hereby reserved, You acknowledges that all title and intellectual property rights, including associated intellectual property rights, in and to the Software, and all related copyrights, trademarks, trade secrets and any other intellectual and industrial property and proprietary rights remains exclusively by Licensor and that this Agreement does not grant You any ownership interest in the Software or the documentation related hereto, but only a limited right of use that is subject to and is also revocable in accordance with the terms of this Agreement. 

You may not remove or otherwise alter or modify any titles, trademarks or trade names, copyright notices, legends or other proprietary markings on the Software.

3. Termination
Without prejudice to any other rights of Licensor, Licensor may terminate this Agreement if You fail to comply with the terms and conditions of this Agreement. In the event of termination, You agree to immediately cease using the Software and to destroy all installed copies of the Software, including any backup copies.

4. Limitation of Liability
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Governing Law and Legal Venue 
This Agreement shall be governed by the laws of Norway.

In the event if dispute, the parties shall submit to the exclusive jurisdiction of the Norwegian courts, with legal venue at the place where Licensor has its place of business. 

7. Waiver
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.

License version: 2017-09-01
