1 Scope of Agreement
1.1 These Terms and Conditions are the legally binding framework of any download and use of SmartPLS software. The contracting party of this agreement is SmartPLS GmbH, Gewerbering 8, D-22114 Oststeinbek, Germany (‘SmartPLS’). 1.2 SmartPLS has developed SmartPLS software for (graphical) partial least squares structural equation modeling (‘Software’). 1.3 Against payment (‘License Fee’), or in some cases free of charge, SmartPLS distributes Licenses (‘License’) to Customers (‘Customer/s’) to use the Software for a certain period of time (‘License Period’). 1.4 By ordering the License, the Customer makes a legally binding offer to purchase (where applicable) and use the License on the basis of these Terms and Conditions. In return, upon approval by SmartPLS and full payment of the License Fee (where applicable), SmartPLS provides the Customer with an electronic access key (‘Access Authorization’) enabling him or her to use the Software. Thereby, the contract between SmartPLS and the Customer has been concluded.
2 Scope of License
2.1 The Software is licensed and not sold to the Customer. 2.2 Two types of Licenses are available: 2.2.1 The ‘Student License’ is a single-seat, single-computer license with limited functionalities. The Student License is, unless otherwise announced by SmartPLS, free but does not give access to all the functionalities of the Software. The Student License’s Access Authorization grants the use of the Software on only one computer or device. After activation, the Student License’s access key may not be used on any other computer or any other device. 2.2.2 The ‘Professional License’ is provided as Single Seat or a (multiple users) Floating License version allowing the Customer to use all functionalities of the Software. The Professional License is, unless otherwise announced by SmartPLS, fee-based. The Professional Single Seat License is a single-computer license of the Software. The Professional Single Seat License’s Access Authorization grants the use of the Software on only one computer or device. After activation, the Professional Single Seat License’s access key may not be used on any other computer or any other device. The Professional (Multiple Users) Floating License allows for running the software on multiple computers within one legal entity (e.g. the Professional Floating License may not be used by multiple individuals who are not members of the same corporate body). The simultaneous use of the Software on different computers or devices is limited to the maximum number of users determined in the Professional License agreement. 2.3 Within the above scope and under the condition that the Customer has provided proper and true Customer details and has fully paid the License Fee (where applicable), SmartPLS grants the Customer the non-exclusive, non-transferable, non-sublicensable right to download, install, use or otherwise benefit from the functionality or intellectual property of the copyrighted Software in accordance with these Terms and Conditions. 2.4 No more extensive rights to use and exploit the Software are granted to a Customer. Specifically, the Customer may not translate, convert, decompile, revise, modify, integrate, distribute, publish and/or license the Software without SmartPLS’s prior written consent. The latter include screenshots of the Software in books, presentations and other publications as well as video presentations that show the use of the Software. 2.5 The Software is copyrighted and is protected by copyright laws. Irrespective of such rights, title to the Software and all copies thereof remain with SmartPLS. The Customer is not allowed to sell, rent or lease the License. No one may remove any copyright notice from the Software without SmartPLS’s prior written consent.
3 Download, Installation, and Activation
3.1 SmartPLS offers different versions of the Software for different hardware environments. The Customer may download the Software from the internet and may install a version of the Software that is compatible with his or her hardware on his or her own responsibility. 3.2 The Customer must first use the free Student License to test whether the Software can run on his or her computer system or device. 3.3 The Customer must provide for the system environment in accordance with the system requirements determined by SmartPLS. A Java Runtime Environment installation that is compatible with the Software is mandatory. 3.4 To run the Software, the computers or devices must permanently be connected to the internet. 3.5 The use of the Software requires Access Authorization by SmartPLS (approval requires proper registration and payment of the License Fee, where applicable). Access Authorization has been designed to prevent unauthorized use and copying. 3.6 SmartPLS receives information about each installation and activation process of the Software. When the License Period ends, the Customer’s Access Authorization ends automatically. 3.7 SmartPLS does not provide any support and/or documentation in conjunction with the use, the scientific background or the results of the Software in addition to the information provided by texts embedded in the Software or on the website https//:www.smartpls.com at the time of Customer’s ordering of the License.
4 License Fee, License Period and Payment
4.1 The License Period depends on the version of license type ordered by the Customer and confirmed by SmartPLS. 4.2 The License Period begins with the delivery of a proper Access Authorization by SmartPLS. Where a Professional (Multiple User) Floating version is ordered by the Customer and confirmed by SmartPLS, the License Period begins with the provision of a sufficient number of License keys by SmartPLS. 4.3 The License Fee must be paid in advance, i.e. prior to Access Authorization by SmartPLS. 4.4 Payments must be made via a method of payment requested by SmartPLS.
5 Revocation and Cancellation
5.1 Since Access Authorization to the License is an automated process, the Customer has no right to revoke his or her order of a License. Also, the Customer the right to cancel the License within the License Period. 5.2 SmartPLS has the right to cancel the License and immediately interrupt or withdraw a Customer’s access to the Software in case of a violation of these Terms and Conditions by the Customer or any user authorized by the Customer. Such interruption or withdrawal of a Customer’s access does not lead to a reimbursement or reduction of the License Fee. 5.3 Cancellation of the purchase will be accepted within 30 days of the date of purchase. Within this period we will make a full refund of the purchase price. To initiate a refund you can send an email to firstname.lastname@example.org that contains your order number and the preferred refund payment method.
6.1 Before acquiring the fee-based Professional License, the Customer must first use the free Student License to test if the Software can be run on his or her computer system or device. 6.2 The Customer acknowledges that errors of the Software cannot be completely avoided. The Software is supplied without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. SmartPLS does not warrant that the functions contained in the Software will meet the Customer’s requirements or that operation of the Software will be error-free and/or without interruption. 6.3 In no event will SmartPLS be liable for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use of or the inability to make use of the Software. 6.4 SmartPLS is not liable for damages resulting from the incompatibility of the Software with the Customer’s hardware or other software. 6.5 SmartPLS is not liable for any loss of data. The Customer is responsible to take proper and regular data backup measures in order to avoid any data loss. 6.6 SmartPLS does not warrant that the Software does not violate any third party rights. The Customer shall inform SmartPLS in writing without delay of the claiming of such rights by third parties and shall give SmartPLS all power of attorney and authorizations that are necessary in order to defend the Software against the third party rights claimed. Alternatively, SmartPLS is entitled at its option to take legitimate measures to remove the third party rights. 6.7 In cases where a liability of SmartPLS is mandatory by law in the face of above limitations, the Customer must make a claim of rights within six months after Access Authorization to the Software to SmartPLS in writing. At the same time SmartPLS’s liability is restricted to intentional and grossly negligent behavior and to a violation of primary obligations. Primary obligations are such basic duties that are necessary to satisfy the goal of this contract and on which the Customer relies. If SmartPLS breaches its primary obligations through negligence, its liability shall be limited to the doubled amount of the License Fee. 6.8 The Customer must notify SmartPLS of any errors in writing with a comprehensible description of the error symptoms as soon as the Customer becomes aware of an error. The notification of the defect should enable the reproduction of the error. Correction of errors or delivery of an error-free version of the Software take priority over damage claims. In case of an error, the Customer is obliged to support SmartPLS as best possible in order to identify the cause of error.
7 Citation and Copyright
7.1 The use of the Software must be disclosed in conjunction with any result achieved by applying the Software. The bibliographic information shall be as follows: Authors: Ringle, Christian M., Wende, Sven, and Becker, Jan-Michael Title: SmartPLS Release: 4 Organization: SmartPLS GmbH City: Oststeinbek, Germany URL: https://www.smartpls.com Year: 2022 Based on this information, you must refer the use of the Software, for example, as follows: Ringle, C.M., Wende, S., and Becker, J.-M. 2022. SmartPLS 4. Oststeinbek: SmartPLS GmbH, https://www.smartpls.com. 7.2 The Software includes software and subcomponents developed by Apache Software (www.apache.org), Eclipse (www.eclipse.org), Java (www.oracle.com), JDOM (www.jdom.org), JFreeChart (www.jfree.org/jfreechart/), SimpleXML (http://simple.sourceforge.net/), Spring-Framework (http://spring.io/), TxtMark (https://github.com/rjeschke/txtmark), Universalchardet (https://code.google.com/p/juniversalchardet/). The terms and conditions of these software components fully comply.
8 Privacy Notice
9 Final Provisions
9.1 This Agreement is governed by the laws of the Federal Republic of Germany except for the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods dated 11-4-1980). 9.2 If admissible by law, the District Court (Landgericht) of Hamburg has exclusive jurisdiction over all disputes arising from or in connection with this contract between SmartPLS and the Customer. 9.3 Should any provision of this Agreement be or become invalid, the provision shall be modified to the extent necessary to be permitted by law with the exceptions of modifications of clause 2 of this Agreement. Any invalid provision shall not affect the validity of the remaining provisions of these Terms and Conditions.