LICENSE AND TERMS OF USE
License and terms of use
SIMSIDES is a copyrighted software. The Institute of Microelectronics of Seville (IMSE-CNM), Parque Tecnológico de la Cartuja, C/Américo Vespucio S/N, 41092 Sevilla (Spain), a research institute of the Spanish Council for Scientific Research (CSIC), hereinafter referred to as IMSE, retains all title and ownership to SIMSIDES Software.
License
IMSE hereby grants a non-transferable license to use SIMSIDES software, only for research purposes. Use for nonresearch purposes, e.g. professional services, are forbidden unless written prior consent.
Market, offer for sale and sell or otherwise distribute of SIMSIDES software, directly or through third parties, is expressely prohibited.
Modifications to the SIMSIDES software are forbidden without written prior consent from IMSE.
Ownership
IMSE retains all title and ownership to SIMSIDES software. Any user who agrees with the terms of use of SIMSIDES software (hereinafter referred to as the user), must treat SIMSIDES software licensed hereby as confidential information and shall protect the same by using the same degree of care, but not less than a reasonable degree of care, as uses to protect its own confidential information of like nature, to prevent the unauthorized use, dissemination, or publication thereof.
Confidentiality
The user agrees to keep strictly confidential any information related to SIMSIDES software obtained from IMSE under this Agreement and not to communicate such information to third parties, unless prior written consent from IMSE.
Delivery & Support
If the user accepts and agrees the terms of use given in this Agreement, IMSE will provide the user SIMSIDES software together with the available documentation.
Professional support services are not considered under this Agreement. However, a reasonable support will be given under a good faith basis. Any request beyond those terms shall be subject to the conclusion of a separate Agreement between IMSE and the user (hereinafter referred to as the parties) to this Agreement on terms and conditions to be agreed upon.
Financial and other Compensation Arrangements
The user will not pay any money to IMSE for the license granted above.
The user will inform IMSE of the results through the use of the Software periodically, at least every six months. IMSE will keep strictly confidential this information obtained from the user and will not communicate such information to third parties, unless prior written consent from the user.
The user will properly acknowledge SIMSIDES software and its authors in any kind of dissemination activity (publications, workshops, talks, etc.) involving results obtained through the use of SIMSIDES software. The user will inform IMSE of these dissemination activities and provide the available documentation. IMSE will be able to use this documentation only for research purposes and with proper acknowledge of the source.
Under a fair basis, both, IMSE and the user will develop common dissemination activities, e.g. common publications, whenever SIMSIDES Software or results provided by the other party play a significant role in the disseminated results.
Warranty
SIMSIDES software is provided “as is” by IMSE without warranty of any kind, whether express or implied. IMSE specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
IMSE shall not be responsible for any loss, direct or indirect damage or other liability incurred by the user or any third party in connection with the SIMSIDES software licensed by IMSE under this Agreement. Under no circumstances shall the universities and research institutes be liable for any direct, indirect, special, incidental, or consequential damages arising out of any performance of this Agreement, whether such damages are based on contract, tort or any other legal theory. The user shall defend, indemnify and hold harmless IMSE from all losses, damages, expenses, costs and other liabilities in connection with the use of the Software.
Term
This Agreement is effective from the date of accepting this terms by each of the parties for a period of one year and shall thereafter automatically be renewed for consecutive periods of one year, unless terminated by one of the parties upon given prior written notice, three months before the expiration of each consecutive period.
Upon termination of this Agreement, the parties shall upon request return, destroy or put in safe-keeping any information provided by the other party, including the Software itself, in any storage media.
Upon termination of this Agreement, the user will stop using the Software for any purpose. In case of termination in accordance with this article, the provisions of previous articles expressed in these terms of use shall remain in full force and effect indefinitely.
Miscellaneous
Neither party shall assign this Agreement wholly or partially to any third party without the prior written consent of the other party.
Any modifications or supplements to this Agreement shall be in writing and duly signed by the parties hereto to become legally binding.
The terms and conditions herein contained constitute the entire Agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter hereof.
Conflicts
In the event of conflicts in the interpretation and/or performance of this Agreement, the parties shall first undertake to settle their differences amicably. If no amicable settlement can be reached concerning the execution and/or interpretation of this Agreement, such conflict shall be exclusively brought before the courts of Seville and Spanish law shall be applicable.