Simdata Systems Software Download Agreement

IMPORTANT-READ CAREFULLY: This Simdata Systems Download Agreement ("SSDA") is a legal agreement between you (either an individual or a single entity) and Simdata Systems ("Simdata") for all SOFTWARE downloaded from Simdata. By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this SSDA.

If you do not agree to the terms of this SSDA, do not download, install or use the SOFTWARE.

1. All Simdata SOFTWARE is licensed, never sold.

2. GRANT OF LICENSE. Use of each Simdata SOFTWARE product is subject to a separate End-User License Agreement "EULA" that is included with the product.  Use of the product is subject to agreement to the terms and conditions contained in each SOFTWARE product's EULA.  You are required to read the SOFTWARE's EULA for each downloaded product and only use the SOFTWARE if you have agreed to the EULA.

3. NO WARRANTIES. SIMDATA EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE UNLESS SPECIFICALLY MADE IN WRITING ON AN INDIVIDUAL BASIS. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF DOWNLOADING, USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

4. LIMITATION OF LIABILITY. IN NO EVENT SHALL SIMDATA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOADING, DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF SIMDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SIMDATA'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF AU$1.00 OR THE LICENSE FEE PAID BY YOU.

5. Downloads from the Simdata web sites are only allowed from the links contained in Simdata web-site's pages.  Direct linking from another site to a downloadable Simdata SOFTWARE item is prohibited unless expressly approved in writing on an individual basis.

6. Simdata's Download service is provided on an AS-IS basis and Simdata disclaims any warranty with regard to the service and may withdraw the Download service from time to time as it sees fit.