License agreement

Software trial license agreement

1. GRANT OF LICENSE. During the Term, ITSimplicity Solutions BV (“Company”) hereby grants to Customer a revocable, nonexclusive, non-transferable, limited license solely for Customer, Customer's current employees or Customer’s current students:
1. To evaluate the Software;
2. or to use the Products for educational or scientific purposes subject to the terms and conditions specified herein.
Customer shall not:
3. distribute or permit any third party to access or use the Software;
4. decompile, modify, disassemble, reverse engineer or circumvent the time limitation mechanisms or other restrictions in the Software.
(“Software”) means the ITS offer for ‘ITS-Fiber Engineer™’, consisting of: ITS-NetProgress™, ITS-NetDesign LT™ and ITSNetoptimus™ and any related documentation provided by Company to Customer.

2. OWNERSHIP. Company and its licensors retain all title to and ownership rights in the Software and Confidential Information including, without limitation, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights. Except as expressly provided for herein, no other rights to the Software are provided or granted hereunder.

3. CONFIDENTIALITY. “Confidential Information” means the Software and any other material or information of Company, in whatever form, that is provided or disclosed to Customer. Customer agrees to take all precautions necessary to safeguard the confidentiality of the Confidential Information. Customer shall not alter any notice placed on the Confidential Information. Customer shall not disclose the Confidential Information or any portion thereof to any third party. Customer acknowledges that any unauthorized use or disclosure of Confidential Information may cause irreparable harm to Company.

4. TERMS AND CONDITIONS. The “Term” is two months and starts from the date the installation files and the login data have been sent to Customer. The Software becomes available after payment of the separate invoice (the one-time fee of €290.-) has been received by Company. Payment of the invoice automatically means that Customer agrees with the Software Trial License Agreement.
The trial includes online support and training documents.
There will not be an automatic extension of this trial. Upon agreement, it is possible to convert the trial into an annual license agreement.
Upon expiration or termination of this Agreement, Customer immediately shall destroy or return to Company all Confidential Information.
The provisions of Sections 2, 3, 4, 5 and 6 shall survive the expiration or termination of this Agreement.

5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SOFTWARE AND CONFIDENTIAL INFORMATION ARE PROVIDED “AS IS”. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER COMPANY NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL, OR DAMAGES FOR LOST PROFITS.

6. MISCELLANEOUS. This agreement shall be governed exclusively by the laws of the Netherlands. Any disputes arising from this Agreement shall be resolved exclusively by the competent courts of the Netherlands. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements. This Agreement may not be assigned or modified without the express written consent of Company. Further information on the Software is available at www.itsimplicity.nl or by contacting Company at info@itsimplicity.nl.