Conform License Agreement

CONFORM SOFTWARE LICENSE AGREEMENTS
FOR CONFORM FREE/TRIAL AND FULL VERSIONS

IMPORTANT:  If you are licensing the free trial version of Conform, the Conform
Free Trial License Agreement applies.  If you are licensing the full version of
Conform, the Conform Full Version License Agreement applies.

CONFORM FREE TRIAL VERSION LICENSE AGREEMENT.

Carefully read this Conform Free Trial Version License Agreement, as it is a
binding legal agreement between you and GameSim Inc.  Only an
authorized representative of a legal entity may execute this License Agreement.

Definitions.

1. “GameSim” means GameSim Inc, a Florida corporation, and the
sole and exclusive owner of the Software.
2. “License Agreement” means this Conform Free Trial Version License Agreement.
3. “Software” means all versions and updates of Conform as developed and owned
by GameSim.

Agreement, Acceptance and Legal Authority.  By checking the “accept” box prior
to or by downloading, installing or using the Software, you are agreeing that
you have read this License Agreement and that you agree and accept to be bound
by all of the terms and conditions contained in this License Agreement.  If you
are an individual entering this License Agreement on behalf of a legal entity,
you represent and warrant that you are an authorized representative of said
legal entity and have the authority to enter into this License Agreement on
behalf of said legal entity.  If you do not have said authority, you may not
accept or enter into this License Agreement.  For purposes of this License
Agreement, “legal entity” is defined as a company, corporation, partnership,
association, trust, unincorporated organization, sole proprietorship, government
or political subdivision of any other legal entity.

Grant of License.  GameSim grants to you a non-exclusive, non-transferable,
non-assignable, revocable license to download, install and use the free trial
version of the Software for the sole purpose of evaluating the Software in order
to make a decision about purchasing the full version of the Software.  If you
have any other purpose for downloading, installing or using the software, then
you need to purchase the full version of the Software.  If you use the Software
for any other reason then to evaluate the Software to make a decision about
purchasing the full version of the Software, then the license granted herein is
immediately terminated and void and you must uninstall and destroy your
downloaded copy of the free version of the Software.  This license grant is for
one individual person.

Restrictions.  You may not: (i) other than making a copy through the initial
download of the Software, copy the Software in any way whatsoever; (ii)
integrate the Software or Software elements or components into any other
software or use; (iii) sell, lease, license, distribute, rent, lend, sublicense
or assign to any third party the Software or any portion thereof; or (iv) alter,
modify, create derivative works, decompile, disassemble, reverse engineer or
attempt to derive source code, the underlying ideas, design, algorithms,
structure or organization of the Software or any portion thereof.  In addition,
you may not allow any third party to do any of the above-listed restrictions.

Ownership.  As stated above, you are only being granted a limited license under
the terms and conditions of this License Agreement and the Software is not being
sold to you.  GameSim is the sole and exclusive owner of all rights and title to
the Software, including intellectual property rights, and all ownership rights
remain with GameSim.  The Software is protected by U.S. copyright law,
international treaties and any other applicable law and any and all violators
will be punished to the fullest extent permitted by law.

Support.    GameSim provides support for Conform as part of this license grant
via email at conform@gamesim.com or via telephone at 407.658.0587 during normal
business hours.

Term.  The free trial version of the Software will be available to you for
fifteen (15) days from the date of download at which time the Software will
become inoperable and you are responsible for uninstalling and destroying your
downloaded copy of the Software.  You may terminate the license granted under
this License Agreement prior to the expiration of the fifteen-day license period
by uninstalling and destroying your downloaded copy of the Software.  The
license granted under this License Agreement will automatically terminate at any
time if you breach any terms of this License Agreement.

No Warranty/Limitation of Liability.  THE SOFTWARE IS PROVIDED “AS IS” WITHOUT
ANY WARRANTY OF ANY KIND.  GAMESIM DOES NOT GRANT ANY WARRANTY, EXPRESS OR
IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH YOU OR OTHERWISE, REGARDING THE
SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING THE SOFTWARE’S
FITNESS FOR ANY PURPOSE OR MERCHANTABILITY.  IN NO EVENT SHALL GAMESIM BE LIABLE
TO YOU FOR LOST PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES, ARISING FROM YOUR USE OR THE SOFTWARE, THE PERFORMANCE OF
THE SOFTWARE, OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR
ANY BREACH OF THIS LICENSE AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Miscellaneous.  This License Agreement constitutes the entire understanding
between the parties with respect to the subject matter contained herein, and
supersedes all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to such
subject matter.    This License Agreement may only be amended, modified or
supplemented in writing and signed by you and GameSim.  You may not assign or
transfer this License Agreement or the limited license granted herein, without
GameSim’s prior written permission, and any attempt to assign or transfer will
be void.  This License Agreement is governed by the laws of the State of Florida
without regard to its conflict of law provisions.  Each party submits to the
exclusive jurisdiction and venue of the federal and state courts located in
Orange County, Florida in any legal suit, action or proceeding arising out of or
based upon this License Agreement.  If any provision of this License Agreement
is declared void or unenforceable, such provision shall be severed from this
License Agreement, which shall otherwise remain in full force and effect.  No
delay in enforcing any right under this License Agreement shall constitute a
waiver of such right.  No waiver of any default hereunder shall be effective
unless executed in writing by the party charged herewith, nor shall any waiver
operate as a waiver of any other default or of the same default on a future
occasion.

CONFORM FULL VERSION LICENSE AGREEMENT.

Carefully read this Conform Full Version License Agreement, as it is a binding
legal agreement between you and GameSim Inc.  Only an authorized
representative of a legal entity may execute this License Agreement.

Definitions.

4. “GameSim” means GameSim Inc, a Florida corporation, and the
sole and exclusive owner of the Software.
5. “License Agreement” means this Conform Full Version License Agreement.
6. “Software” means all versions and updates of Conform as developed and owned
by GameSim.

Agreement, Acceptance and Legal Authority.  By checking the “accept” box prior
to or by downloading, installing or using the Software, you are agreeing that
you have read this License Agreement and that you agree and accept to be bound
by all of the terms and conditions contained in this License Agreement.  If you
are an individual entering this License Agreement on behalf of a legal entity,
you represent and warrant that you are an authorized representative of said
legal entity and have the authority to enter into this License Agreement on
behalf of said legal entity.  If you do not have said authority, you may not
accept or enter into this License Agreement.  For purposes of this License
Agreement, “legal entity” is defined as a company, corporation, partnership,
association, trust, unincorporated organization, sole proprietorship, government
or political subdivision of any other legal entity.

Grant of License.  GameSim grants to you a non-exclusive, non-transferable,
non-assignable, revocable license to download, install and use the full version
of the Software for twelve (12) months from the date of purchase, including the
use of upgrades that may be created and released by GameSim during the Term.
The full version of the Software comes with a software development kit and
GameSim grants to you the right to extend the functionality of the Software
tools to fit your needs.  This license grant is for one individual person; there
is only one user per license granted hereunder.  A single user may download and
install the Software on a primary computer and also a secondary computer, but
only to be used by the same single user.  Each additional user will need to
purchase the Software separately. In addition to the above, educational and
academic institutions may download and install the Software on a single computer
that is to be shared among multiple students (e.g.  in a computer lab), but may
not download and install the Software on multiple computers so that multiple
students may use it at the same time.  In that case, multiple separate licenses
need to be purchased.

Restrictions.  You may not: (i) other than making a copy through the initial
download of the Software, copy the Software in any way whatsoever; (ii) sell,
lease, license, distribute, rent, lend, sublicense or assign to any third party
the Software or any portion thereof; or (iii) alter, modify, create derivative
works, decompile, disassemble, reverse engineer or attempt to derive source
code, the underlying ideas, design, algorithms, structure or organization of the
Software or any portion thereof.  In addition, you may not allow any third party
to perform any of the above-listed restrictions.  Notwithstanding the foregoing,
you may create plugins for the Software with the software development kit
discussed in the Grant of License above.  You may also sell the plugin(s) that
you so create.

Ownership.  As stated above, you are only being granted a limited license under
the terms and conditions of this License Agreement and the Software is not being
sold to you.  GameSim is the sole and exclusive owner of all rights and title to
the Software, including intellectual property rights, and all ownership rights
remain with GameSim.  The Software is protected by U.S. copyright law,
international treaties and any other applicable law and any and all violators
will be punished to the fullest extent permitted by law.

Support.    GameSim provides support for Conform as part of this license grant
via email at conform@gamesim.com or via telephone at 407.658.0587 during normal
business hours.

Term.  The term of this License Agreement is twelve (12) months from the date of
purchase and the license granted herein will automatically terminate at the end
of said twelve (12) month pereiod (hereinafter, the "Term").  You may terminate
the license granted under this License Agreement at any time during the Term by
uninstalling and destroying all copies of the Software in your possession.  The
license granted under this License Agreement will automatically terminate at any
time if you breach any terms of this License Agreement.

No Warranty/Limitation of Liability.  THE SOFTWARE IS PROVIDED “AS IS” WITHOUT
ANY WARRANTY OF ANY KIND.  GAMESIM DOES NOT GRANT ANY WARRANTY, EXPRESS OR
IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH YOU OR OTHERWISE, REGARDING THE
SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING THE SOFTWARE’S
FITNESS FOR ANY PURPOSE OR MERCHANTABILITY.  IN NO EVENT SHALL GAMESIM BE LIABLE
TO YOU FOR LOST PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES, ARISING FROM YOUR USE OR THE SOFTWARE, THE PERFORMANCE OF
THE SOFTWARE, OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR
ANY BREACH OF THIS LICENSE AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Miscellaneous.  This License Agreement constitutes the entire understanding
between the parties with respect to the subject matter contained herein, and
supersedes all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to such
subject matter.    This License Agreement may only be amended, modified or
supplemented in writing and signed by you and GameSim.  You may not assign or
transfer this License Agreement or the limited license granted herein, without
GameSim’s prior written permission, and any attempt to assign or transfer will
be void.  This License Agreement is governed by the laws of the State of Florida
without regard to its conflict of law provisions.  Each party submits to the
exclusive jurisdiction and venue of the federal and state courts located in
Orange County, Florida in any legal suit, action or proceeding arising out of or
based upon this License Agreement.  If any provision of this License Agreement
is declared void or unenforceable, such provision shall be severed from this
License Agreement, which shall otherwise remain in full force and effect.  No
delay in enforcing any right under this License Agreement shall constitute a
waiver of such right.  No waiver of any default hereunder shall be effective
unless executed in writing by the party charged herewith, nor shall any waiver
operate as a waiver of any other default or of the same default on a future
occasion.

Revised August 8, 2014
Share This