Last updated: May 24, 2021

Please read these terms and conditions carefully before using Our Service.

This licence agreement (Licence) is a legal agreement between you (Licensee or you or user) and CIMCO A/S, registered office Vermundsgade 38A, 3 2100 Copenhagen Denmark (Licensor, us, our or we) for: CIMCO Edit Professional Lifetime, CIMCO Edit Professional Student and CIMCO Edit Professional Subscription.

OPERATING SYSTEM REQUIREMENTS: This software requires the following minimum system requirements set in the following link: https://www.cimco.com/support/system-requirements/

Payment

CIMCO uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions.

By using the Stripe Check Out you agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that CIMCO shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that CIMCO shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. CIMCO is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that CIMCO uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold CIMCO liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, or Your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe.

TRANSACTION SECURITY

All transaction information passed between CIMCO and Stripe’s systems is encrypted using 256-bit SSL certificates. No cardholder information is ever passed unencrypted. You can be completely assured that nothing we pass to Stripe’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

 

Account Responsibilities

To subscribe to an Offering, You need an account. You are responsible for anyone who obtains, accesses or uses Offerings through You or Your account (including Your Authorized Users). This means (among other things) that You are responsible for Your Authorized Users’ compliance with these Terms, including their use of their accounts, as though each of the Authorized Users is You. In certain cases, Your Authorized Users may be required to set up individual accounts or otherwise agree to applicable terms in order to obtain, access or use Offerings, but that requirement does not affect Your responsibility for Your Authorized Users.

You are also responsible for the security of Your account and all activity associated with Your account. This means (among other things) that You (i) will ensure that only Your Authorized Users use Offerings associated with Your account, and (ii) will secure and not share user IDs or passwords (except with authorized account administrators). If You suspect unauthorized use of Your account, please contact support@cimco.com

You will ensure that all Your account information (including any information that You or Your Authorized Users provide in connection with Your registration for any Offering) is, and continues to be, true and complete.

 

Account Benefits

Your account is designed to provide a place for You to access and manage Your account information and obtain rights to Software, Web Services and other Benefits, including free benefits. Your account is designed to be accessible virtually anywhere, anytime via the web at shop.cimco.com or at other successor or alternative CIMCO sites.

Your account features may include:

  • Single sign-in to CIMCO sites and services
  • Management of Your profile, security settings, linked accounts and preferences
  • Management of Your subscriptions
  • Access to Offerings
  • Access to downloads and trials
  • Access to technical support, learning resources and subscription news
  • Usage information regarding Your subscriptions, credits and analytics

 

Software

If You order Software for delivery, or You order an Offering that includes Software (for example, if a Web Service Offering requires client Software), the Software will at CIMCO’s discretion be made available for download through Your account or other electronic means or delivered to You by CIMCO or an CIMCO-authorized third party. Additional fees may apply for delivery of physical media or other tangible embodiments of Software. No matter how Software is delivered, CIMCO will not be liable for any losses or other liability incurred by You or others due to late delivery or delivery to an incorrect address.

For any Offering consisting of Software that CIMCO makes available or delivers to You, and subject to compliance with these Terms and all payment obligations, CIMCO grants to You a nonexclusive, non-sublicensable, nontransferable license, for the period of Your subscription, to install and use the Software (and permit Your Authorized Users to install and use the Software) solely (i) in accordance with the Documentation for the Offering and any applicable Special Terms, if any, and (ii) within the scope of Your subscription, including the permitted number, License Type, Territory and other attributes specified for the type and level that You selected when subscribing for the Offering. If Your Offering Identification or other confirmation from CIMCO of Your subscription does not specify one or more of those attributes, the license will be (a) a Trial Version; (b) for You as an individual or, if You are a company or other legal entity, for one named employee; and (c) for use only within the country or jurisdiction where You acquired the Offering. You may not install, access or use (or allow installation of, access to or use of) any Software other than as authorized by such license and these Terms, and any other installation, access or use is unauthorized.

During the period of Your subscription, CIMCO may make available or deliver Updates or Upgrades to Software. All such Updates and Upgrades are subject to the same license and other terms as the Software to which the Updates or Upgrades apply. You are encouraged to promptly install and use all Updates and Upgrades made available to You during the subscription period. If You receive an Update or Upgrade for any Software, you may install and use both the previous version and the new version of the Software for testing and migration purposes. You do not use both versions concurrently for production use.

CIMCO Edit Professional Student

This license shuld only be used for non-commercial educational and research purposes.

  • “Educational Purpose” means classroom or laboratory learning by Qualified Students or instruction or preparation of courses by Qualified Instructors. Educational Purposes may also include student projects and Research Purposes. Educational Purposes do not include, Curriculum Development and Commercial Purposes.
  • “Research Purpose” means any work in which CIMCO Edit contributes directly to the problem statement, modeling, analysis, outcome or deliverables of a Research Project. Research Purposes do not include Commercial Purposes or Curriculum Development.
  • “Curriculum Development” means creation or modification of instructional materials for resale using the Software.
  • “Commercial Purpose” means professional consulting, hardware production for resale, job shop activities, services performed under a Technical Services Agreement, corporate or government internships, private tutoring or training of anyone other than Qualified Students

Acceptable use of offerings

You will access and use (and permit access to and use of) Offerings only in conformance with (and will comply with) all applicable laws. Except as expressly authorized by these Terms, including any Additional Agreement or Special Terms, or as otherwise expressly permitted in writing by CIMCO, You will not:

Reproduce, modify, adapt, translate, port or create derivative works of all or any portion of any Offering, except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary;

Sublicense, distribute, transmit, sell, lease, rent, loan or otherwise make available all or any portion of any Offering (including any functionality of any Offering) to a third party or provide any functionality of any Offering to a third party (whether on a service bureau basis or otherwise); and

Access or use any Offering on or through the internet (other than as made available by CIMCO through the internet), any wide-area network (WAN) or any other non-local network; on or through any virtual private network (VPN); or on or through any application virtualization technology, remoting virtualization technology, web-hosting, timesharing, software as a service, platform as a service, infrastructure as a service, cloud or other web-based, hosted or similar service.

In addition, You will not:

Remove any copyright, trademark, confidentiality or other proprietary rights notice from any Offering, Documentation or related material;

Remove, disable or otherwise limit the effectiveness of any technical protection used by CIMCO to (i) manage, monitor, control or analyze the installation of, access to, or use of any Offering or (ii) protect CIMCO’s intellectual property rights;

Post, transmit or otherwise make available using the Offerings any information or material that is or may be:

false, libelous, defamatory, fraudulent or otherwise unlawful or tortious;

threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others;

obscene, indecent, pornographic or otherwise objectionable;

protected by copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

a national or state secret, classified information or any other information or material (including any photograph, drawing, plan or model) that is subject to official confidentiality treatment;

secret codes, countersigns, crypto-currency, passwords or other similar information;

advertising, spam, an offer to sell or buy any goods or services, a “chain letter” or any other form of solicitation; or

any malware (such as a virus, worm, Trojan horse, Easter egg, time bomb or spyware) or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, limit the use of, or monitor the use of, any hardware, software or equipment;

Use the Offerings in any way that is fraudulent or otherwise unlawful or tortious, or has any fraudulent or other unlawful or tortious purpose or effect;

Interfere with or disrupt the operation of any Offering or the servers or networks used to make any Offering available, including by hacking or defacing any portion of an Offering;

Attempt to probe, scan or test the vulnerability of any Offering or to breach or circumvent any security or authentication measures used by any Offering;

Use any Offerings as storage for “remote loading” or as a “door” or “signpost” to other web pages or internet resources, whether inside or beyond the sites through which the Offerings are provided;

Impersonate any other individual or entity for the purpose of using that individual’s CIMCO ID or otherwise, or falsely state or otherwise misrepresent Your affiliation with any person or entity;

Use the Offerings in connection with any inherently dangerous application, including any application that could result in death, personal injury, catastrophic damage or mass destruction;

Collect content or information, from or with an Offering, using automated means (such as any robot, spider, site search/retrieval application or other device to retrieve, index, “scrape,” or “data mine”);

Use any Offering or the output of any Offering in connection with the training of a neural network or machine learning, deep learning or artificial intelligence system or software;

Unbundle the component parts of any Offering for use separate from each other or on different electronic devices (except as may be expressly permitted in writing by CIMCO); or

Use or access Software made available as part of a Web Service separately from the applicable Web Service (except as may be expressly permitted in writing by CIMCO).

 

Limitations on liability

Neither CIMCO nor any of its licensors or suppliers will have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; loss of profits or revenue; business interruption or loss of use; cost of procurement of substitute goods or services or other cover; failure of or defects in the Output; loss, corruption or deletion of (or failure to delete) data or Your Content; or damages resulting from Force Majeure (in each case, regardless of the legal theory for seeking such damages or other liability). In addition, the aggregate liability of CIMCO and its licensors and suppliers with respect to any Offering or Output thereof will in no event exceed the amount paid or payable by You for the Offering in the one-year period before the events or circumstances giving rise to the liability first occurred.

The limitations on liability in these Terms will apply to the maximum extent permitted by applicable law to any damages or other liability, however caused and regardless of the theory of liability, whether based on contract, tort (including negligence and strict liability), indemnification, recourse, statute or otherwise, even if CIMCO has been advised of the possibility of the liability and regardless of whether the limited remedies in these Terms fail of their essential purpose.

You acknowledge that the amounts payable for the Offerings are based in part on and reflective of the disclaimers of warranties and limitations on liability in these Terms and that such disclaimers and limitations are an essential element of the bargain between You and CIMCO.

 

Prices, delivery costs, taxes and duties

All prices quoted on our Website are in USD net, excluding taxes or charges that may apply to the particular case.

No delivery costs will be charged for the delivery of the ordered Software.

If you are a consumer resident in the European Union or if you represent a legal entity with registered seat in Austria or a European entity without valid VAT ID number, the legal value added tax (VAT) applicable for your country is added to the amount of the product price, as specified on the checkout page.

Any additional custom taxes, duties, fees, imposts, tariffs and charges that may be raised by particular countries or authorities related to the conclusion or execution of your Order shall be borne by you. In the event CIMCO is required to pay such charges to any authority, you shall indemnify and hold harmless CIMCO for any such payments.

In the event of obvious errors on the Website or made in connection with your Order, CIMCO reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the Software at the correct price or cancelling your Order.