Under this Software License Agreement (the "Agreement"), SimCrest, Inc. (the "Vendor") grants to the user (the "Licensee") a non‐exclusive and non‐transferable license (the "License") to use E-Bank Reconciliation (the "Software").
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The Software may be loaded onto no more than one license of Microsoft Dynamics 365 Business Central.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse‐engineered, or de‐compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error‐free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.
No user support or maintenance is provided as part of this Agreement.
13. The term of this Agreement will begin upon installation of the Software.
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any terms of this Agreement or is in breach of this agreement. On termination of this Agreement for any reason, the Licensee will promptly uninstall the software from Business Central.
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under the Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate actions to mitigate such an event.
The Parties to this Agreement submit that the jurisdiction of the courts of the State of Texas, USA for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Texas, USA.
All notices to the Vendor under this Agreement are to be provided at the following address: SimCrest, Inc.: 1914 Skillman Street, Ste 110‐319, Dallas, TX, 75206, USA.