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Software License Agreement

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Licence Agreement

By downloading the System Files, any SimSig simulation data (.sim) file, any SimSig timetable (.wtt) file, any splash screen image, or any documentation for SimSig, you agree to the terms of the relevant parts of this Licence Agreement in respect of those files.
Part 1 of this Licence Agreement applies to the SimSig Loader.
Part 2 of this Licence Agreement applies to simulation (.sim) files.
Part 3 of this Licence Agreement applies to all other files.

Part 1 – SimSig Loader Licence Agreement
The copyright in this software (“the Software”) and its associated documentation is owned by Hitachi Information and Control Systems Europe Limited (the “Owner). By proceeding with the installation or use of this Software you agree to the terms of this Agreement.

1. Licence
a. You are permitted to:
i. load the Software into and use it on separate computers which are under your control:
ii. transfer the Software (complete with any associated documentation) and the benefit of this Agreement to another person provided they have agreed to accept the terms of this Agreement and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept the terms of this Agreement, then this Agreement shall automatically terminate. The transferor does not retain any rights under this Agreement in respect of that transferred Software.
b. You are not permitted to:
i. Load the Software on to a network or internet sever for the purposes of distribution to more than one computer or effect distribution of any sort of the Software.
ii. Except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce or deal in the Software or any part of it in any way.
iii. Use the Software other than as an individual consumer for non-commercial, hobby use.
2. Term
This Agreement is effective until you terminate it by destroying the Software and its associated documentation together with all copies. It will also terminate if you fail to abide by its terms. Upton termination you will destroy all copies of the Software and associated documentation under your control.
3. Ownership
a. The Owner retains ownership of the Software and all subsequent copies of it.
b. The Owner provides the Software on an “as is” basis and does not warrant that the Software will meet your requirements or that the Software will be error free. You shall load and use the Software at your own risk.
c. The Owner shall not be liable in any event for any loss or damage to you whatsoever including lost profits or any other direct, indirect or consequential loss except for personal injury and death resulting from the Owner’s negligence. In no event shall the Owner’s liability exceed the amount paid by you for the Software.
4. Third Party Rights
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
5. Governing law and jurisdiction
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).


Part 2 – SimSig Simulation Licence Agreement

License

1. Under this Software License Agreement (the Agreement), Cajon Rail LLC (the Vendor) grants to the user (the Licensee) a non-exclusive and non-transferable license (the License) to use SimSig simulation files (the Simulation).

2. Simulation includes the data and any related printed, electronic and online documentation and any other files that may accompany the product.

3. 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 Simulation. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Simulation.

4. 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 Simulation for use by one or more third parties.

5. The Simulation may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee

7. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.

8. Limitation of Liability The Simulation 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 Simulation. 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 Simulation.

9. The Vendor makes no warranty expressed or implied regarding the fitness of the Simulation for a particular purpose or that the Simulation will be suitable or appropriate for the specific requirements of the Licensee.

10. The Vendor does not warrant that use of the Simulation will be uninterrupted or error-free. The Licensee accepts that software and data in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

11. The Vendor warrants and represents that it is the copyright holder of the Simulation. The Vendor warrants and represents that granting the license to use this Simulation is not in violation of any other agreement, copyright or applicable statute.

Acceptance

12. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (Acceptance) on installation of the Simulation.

13. [Deleted]

Term

14. The term of this Agreement will begin on Acceptance and is perpetual, including upon transfer of Cajon Rail LLC to a successor or purchaser.

Termination

15. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Simulation or return the Simulation to the Vendor.

Force Majeure

16. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this 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 action to mitigate such an event.

Additional Clauses

17. Use of this Simulation on a server with shared access is not permitted. Shared in this context means accessible to users not in the same household.

18. For personal use only. Not for commercial use. Not to be used for training.

Governing Law

19. The Parties to this Agreement submit to the jurisdiction of the courts of the State of California 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 California.

Miscellaneous

20. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

21. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

22. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. All genders are included and no single gender is implied.

23. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

24. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

25. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Part 3 – Other File Licence Agreements

The copyright in other files and its associated documentation distributed with a simulation is owned by various copyright holders and used with permission. By proceeding with the installation or use of these files you agree to the terms of this all Agreements associated with those files.