Please read this software license agreement ("Agreement") carefully before using SEM-PLS.
This is a legal agreement between you and ME Institute. Using this Software indicates that you have read this Agreement and agree to be bound by its terms.
Against payment (License Fee), or in some cases free of charge, ME Institute distributes Licenses (License) to Customers (Customer/s) to use
the Software (“SEM-PLS”). for a certain period of time (License Period). By ordering the License, the Customer makes a legally binding offer
to purchase (where applicable) and use the License on the basis of this Agreement. In return, upon approval by ME Institute and full payment
of the License Fee (where applicable), ME Institute provides the Customer with an electronic access key (“Access Authorization”) enabling him
or her to use the Software (“SEM-PLS”). Thereby, the contract between ME Institute and the Customer has been concluded.
1. Software:
SEM-PLS Software is owned by Licensor and is protected by EU copyright and other intellectual property laws
and the provisions of international treaties. Licensee is receiving only a license to use the Software strictly
in accordance with the terms and conditions of this Agreement. Your employer or organization may be subject
to a Volume License Agreement (either Commercial, Governmental or Academic), and if so, Licensee must comply
with the terms and conditions of the Volume License Agreement. In the event of any conflict between this
Agreement and any Volume License Agreement, the Volume License Agreement shall govern and control.
2. License Restrictions:
a. Conditioned upon Licensee's compliance with the terms and conditions hereof, Licensor hereby grants to Licensee a non-exclusive,
limited license, without the right to sublicense, for the term of this Agreement to use the SEM-PLS Software as intended by Licensor
for Licensee's authorized internal purposes only, subject to the terms and conditions of this Agreement.
b. The Software is licensed for use on a single computer by one or more users.
The Software is not licensed for use by more than one individual on more than one machine.
c. The SEM-PLS Software is licensed, not sold, to the Licensee.
Licensee may not copy, distribute, sublicense, commercialize, or otherwise exploit the SEM-PLS Software.
Any attempt to sublicense any of the rights, duties, or obligations hereunder is void. Licensee may not use,
copy, modify, or transfer the Software, or any copy, modification, or merged portion, in whole or in part,
except as expressly provided for in this Agreement. Licensee may not remove any copyright notice, trademark,
or service mark from the SEM-PLS Software. Licensee may not translate, disassemble, decompile, reverse engineer,
modify or create derivative works from or of the SEM-PLS Software. Licensee may not use the SEM-PLS Software to support,
enhance, or computer any third party's use of the SEM-PLS Software. The SEM-PLS Software may not be used in an
"ASP," hosted or service bureau model for the benefit of third parties. Licensee may not export or re-export
the SEM-PLS Software. Licensee acknowledges that the SEM-PLS Software contains trade secrets. Accordingly,
Licensee will preserve the confidentiality of the SEM-PLS Software with at least the same degree of care with which
the Licensee protects its own most confidential information. If Licensee takes any prohibited action, this License is
automatically terminated (in addition to any other rights or remedies that Licensor may have).
d. The SEM-PLS Software (including all modifications thereto or derivative works prepared from there,
whether authorized or not) and all intellectual property rights in any of the previous are and shall remain
the sole and exclusive property of Licensor or its licensors, as applicable. No ownership, interest,
or title to the SEM-PLS Software, or any intellectual property rights therein, is transferred to Licensee under this License.
All right, titles, and interests in SEM-PLS Software remain the sole and exclusive property of the Licensor.
3. Term and Termination:
This Software license is in effect until terminated.
Licensee may terminate this License by destroying the Software program together with all copies,
modifications, and merged portions in any form. In any event,
the Software license granted to Licensee shall terminate immediately without notice from Licensor if
Licensee fails to comply with any provision of this Agreement. Upon termination of such license grant for any reason,
Licensee must destroy the Software and all copies, modifications, and merged portions in any form thereof,
and immediately cease using the Software.
4. Activation:
a. The Customer must provide for the system environment in accordance with the system requirements determined by ME Institute.
b. To first run the Software (“SEM-PLS”), the computers or devices must be connected to the internet.
c. The use of the Software (“SEM-PLS”) requires Access Authorization by ME Institute (approval requires proper registration and payment of the License Fee, where applicable).
Access Authorization has been designed to prevent unauthorized use and copying.
d. The ME Institute receives information about each installation and activation process of the Software.
When the License Period ends, the Customer’s Access Authorization ends automatically.
e. The ME Institute does not provide any support and/or documentation in conjunction with the use,
the scientific background, or the results of the Software (“SEM-PLS”) in addition to the information provided
by texts embedded in the Software (“SEM-PLS”) or on the website www.statisme.com.
5. Payments and Cancellation:
a. The License Fee must be paid in advance, i.e. prior to Access Authorization by ME Institute.
b. Payments must be made via a method of payment requested by ME Institute.
c. Since Access Authorization to the License is an automated process, the Customer has no right to revoke his or her order of a License.
d. The ME Institute 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 reimbursement or reduction of the License Fee.
6. Liability:
a. Before acquiring the fee-based Professional License,
the Customer must first use the free Trial License to test if the Software (“SEM-PLS”) can be run on his or her computer system or device.
b. The Customer acknowledges that errors of the Software (“SEM-PLS”) cannot be completely avoided.
The Software (“SEM-PLS”) 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. ME Institute does not warrant that the functions contained in the Software
(“SEM-PLS”) will meet the Customer’s requirements or that operation of the Software (“SEM-PLS”) will be error-free and/or without interruption.
c. In no event will ME Institute 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 (“SEM-PLS”).
d. The ME Institute is not liable for damages resulting from the incompatibility of the Software (“SEM-PLS”) with the Customer’s
hardware or other software.
e. The ME Institute 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.
f. The ME Institute does not warrant that the Software (“SEM-PLS”) does not violate any third-party rights.
The Customer shall inform ME Institute in writing without delay of the claiming of such rights by third parties and
shall give ME Institute all power of attorney and authorizations that are necessary in order to defend the Software
(“SEM-PLS”) against the third party rights claimed. Alternatively, ME Institute is entitled to its option to take
legitimate measures to remove the third-party rights.
g. The Customer must notify ME Institute 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 takes priority over damage claims.
In case of an error, the Customer is obliged to support ME Institute as best possible in order to identify the cause of the error.
7. Confidentiality:
Licensee understands and acknowledges that Licensor's Software comprises valuable assets and trade secrets of Licensor.
Licensor claims exclusive proprietary rights, interest, and intellectual property rights in the European Union and throughout the World.
Licensee agrees not to, and will not permit its employees or agents or independent contractors to use, disclose, provide,
or otherwise make available any non-public or confidential materials, documents, specifications, computer screens,
computer screen layout, computer screen fields, computer screen input and output fields, database schema, computer
code or the like (no matter in what media or form it is embodied) that is received from Licensor or Licensor's agent
or independent contractors to any person, other than Licensee's employees or agents or its contractor(s) having a bona fide need
for access without prior written consent from Licensor.
8. Software Updates:
Licensees should contact Licensor's customer support for information on Software updates or warranty replacement of defective disks.
Licensee will be required to provide Licensor's customer support with your product serial number.
Licensor's support policy is available at Licensor's website: www[dot]statisme[dot]com, www[dot]statis[dot]me,
or www[dot]sempls[dot]me. Licensor's customer support can be reached at the address provided below.
In some cases, updates and support may require the payment of additional fees.
9. Citation:
The use of the Software (“SEM-PLS”) must be disclosed in conjunction with any result achieved by applying the Software.
The bibliographic information shall be as follows:
Author: “Ashtari Nezhad, E.” Title: SEM-PLS Release: 2023 Organization: ME Institute URL: www.statisme.com Year: 2023.
Based on this information, you must refer to the use of the Software, for example, as follows:
Ashtari Nezhad, E., 2023, “SEM-PLS 2023,” www.statisme.com.
10. Complete Agreement:
This Agreement constitutes the entire Agreement between the parties for the use of the Software and supersedes all prior
or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- ME Institute.
- www.statisme.com
- www.statis.me
- www.sempls.me
- sales[at]statisme.com
