SIMCAM LICENSE

Version 1.0, effective as of April XX, 2026

IMPORTANT! READ CAREFULLY:

THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING SOFTWARE MANSION SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

Software Mansion and Customer may each also be referred to individually as a “Party” or jointly as the “Parties”.

  1. PARTIES 

    1.1. “Customer” or “you” means the individual specified in the Subscription Confirmation. For the avoidance of doubt, Customer is any natural person or legal entity, including companies and organizations, who subscribes to the products or services offered.

    1.2. “Software Mansion” or “we” means: Software Mansion S.A., a joint stock company with its principal place of business at ul. Zabłocie 43b, 30-701 Kraków, Poland, entered in the register of businesses conducted by the District Court in Kraków for Kraków-Śródmieście, XI Commercial Division of the National Court Register with KRS number 0000961952, NIP 6793131302, REGON 364909814.

  2. DEFINITIONS

    2.1. “Affiliate” means, with respect to any Party, any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of such Party; “control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise.

    2.2. “Agreement” means SimCam License.

    2.3. “Machine” means a computing device used by Customer for running the Product.

    2.4. “Product” means the SimCam application for macOS created by Software Mansion, intended for mass distribution (“Software Mansion SimCam”). Software Mansion does not develop Products according to Customer’s specifications, nor are Products customized through modification or personalization.

    2.5. “Subscription” specifies the period during which Customer is entitled to receive Product updates and technical support. Each purchase of the Product includes a 12-month Update Subscription starting from the date of the Subscription Confirmation.

    2.6. “Subscription Confirmation” means an email confirming Customer’s rights to access and use Products, including Subscription plans, and stating the applicable use limitations for the Product (such as, for example, the number of users and the license period).

    2.7. “Merchant of Record” means the legal entity authorized and held liable by a financial institution to process a Customer’s payments (such as credit card or debit card transactions) on behalf of Software Mansion.

    2.8. “Supported Environment” means the specific versions of third-party operating systems, platforms, and software dependencies (including, but not limited to, specific versions of Apple macOS and iOS Simulator) on which the Product is designed to operate, as explicitly specified in the Product documentation or on the Product’s website at the time of the Product’s or update’s release.

  3. GRANT OF RIGHTS

    3.1. The Product is provided to Customer, solely for non-commercial and commercial use on a ‘per seat’ basis, where Customer may deploy the Product on a single Machine in accordance with the Product documentation, provided that Customer remains the sole user of the Product. The License is portable. Customer may deactivate the Product on the current Machine and redeploy it to a different Machine, provided that the Product is not used on more than one Machine simultaneously.

    3.2. The license granted under this Agreement is perpetual for the version of the Product available at the time of purchase and any updates released during the 12-month Update Subscription period. Upon expiration of the Update Subscription, Customer retains the right to continue using the version of the Product acquired during the subscription period indefinitely, but shall not be entitled to receive further updates, new versions, or technical support unless the Update Subscription is renewed.

    3.3. Unless this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified in this Agreement, Software Mansion grants you the perpetual non-exclusive and non-transferable right to use each Product covered by the Subscription as stipulated below:

    • 3.3.1. You may:

      • 3.3.1.1. install and use any version of the Product covered by the Subscription on a single Machine strictly within the Supported Environment;

    • 3.3.2. You may not:

      • 3.3.2.1. rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
      • 3.3.2.2. provide a third party with access to the Product, or the right to use the Product;
      • 3.3.2.3. reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or
      • 3.3.2.4. remove or obscure any proprietary or other notices contained in the Product.

    3.4. This subscription is for any natural person or legal entity, including companies and organizations. Notwithstanding anything to the contrary in this Agreement, you may not use any of the Products, and this grant of rights shall not be in effect, in the event that you do not pay Subscription fee.

    3.5. You acknowledge that no ownership rights are conveyed to you, irrespective of the use of terms such as ‘purchase’ or ‘sale’. Software Mansion has and retains all rights, title, and interest, including all intellectual property rights, in and to the Products, any and all related or underlying technology, and any modifications or derivative works of the Products, including without limitation as they may incorporate Feedback (as defined below).

    3.6. You acknowledge that the perpetual nature of the license applies solely to the version of the Product acquired and strictly within its corresponding Supported Environment. Software Mansion has no obligation to ensure the Product remains functional if the Customer updates their Machine, operating systems, or third-party software (such as macOS or iOS Simulator) beyond the Supported Environment.

  4. PURCHASING THROUGH RESELLERS AND DISTRIBUTORS

This Agreement applies whether you purchase a Subscription directly from Software Mansion or through an authorized Software Mansion reseller or distributor. If you purchase through a Software Mansion reseller or distributor, the Subscription details shall be as stated in the Subscription Confirmation issued to you by the reseller or distributor, and the reseller or distributor is responsible for the accuracy of any such Subscription Confirmation. Neither resellers nor distributors are authorized to make any promises or commitments on Software Mansion’ behalf, and you understand and agree that Software Mansion is not bound by any obligations to you other than as specified in this Agreement.

  1. ACCESS TO PRODUCTS

    5.1. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access the Product and receive any deliveries. You are responsible for downloading and installing the Products.

    5.2. You may activate and access Products by using the link provided to you in the Subscription Confirmation email.

  2. FEES

    6.1. Customer shall pay Subscription fees via Merchant of Record. The fees and payment terms shall be as specified during the checkout process on the Software Mansion website or within the Merchant of Record platform, and in accordance with the Terms of Service.

    6.2. The Subscription fees must be paid in full, and any levies, duties, and/or taxes imposed by Customer’s jurisdiction (including, but not limited to, value added tax, sales tax, and withholding tax) shall be borne solely by Customer. Customer may not deduct any amounts from fees payable to Software Mansion or an authorized Software Mansion reseller, unless otherwise specified in the applicable terms of purchase.

  3. Merchant of Record

Software Mansion may use third party payment processors (each, a “Payment Processor”) to bill Customer. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Purchase Terms. Customer agrees to pay Software Mansion, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Customer agrees to make payment using the payment method Customer provides with Customer’s Account. 

  1. FEEDBACK

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

  1. THIRD-PARTY SOFTWARE

The Products include code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the respective Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.

  1. WARRANTY LIMITATIONS

    10.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.

    10.2. SOFTWARE MANSION MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “SOFTWARE MANSION PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

    10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    10.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

    10.5. CUSTOMER MAY HAVE OTHER RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

    10.6. SOFTWARE MANSION EXPRESSLY DISCLAIMS ANY OBLIGATION, WARRANTY, OR LIABILITY REGARDING THE COMPATIBILITY OF THE PRODUCT WITH FUTURE VERSIONS OF THIRD-PARTY OPERATING SYSTEMS, PLATFORMS, OR DEPENDENCIES (INCLUDING, WITHOUT LIMITATION, FUTURE RELEASES OF APPLE MACOS AND IOS SIMULATOR). THE PRODUCT IS LICENSED TO OPERATE SOLELY WITHIN THE SPECIFIC SUPPORTED ENVIRONMENT DOCUMENTED AT THE TIME OF PURCHASE OR RELEASE. ANY UPDATES, UPGRADES, OR MODIFICATIONS TO THE CUSTOMER’S MACHINE, OPERATING SYSTEM, OR THIRD-PARTY SOFTWARE MAY RENDER THE PRODUCT INOPERABLE. IN SUCH EVENT, SOFTWARE MANSION BEARS NO LIABILITY TO PROVIDE A FIX, UPDATE, OR REFUND. WHILE SOFTWARE MANSION MAY, AT ITS SOLE DISCRETION, ATTEMPT TO PROVIDE SUPPORT FOR NEWER THIRD-PARTY RELEASES TO CUSTOMERS WITH AN ACTIVE UPDATE SUBSCRIPTION, SUCH SUPPORT IS NOT GUARANTEED.

  2. DISCLAIMER OF DAMAGES

    11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOFTWARE MANSION BE LIABLE TO CUSTOMER, CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT SOFTWARE MANSION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (i) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE, (ii) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (iii) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    11.2. THE TOTAL LIABILITY OF SOFTWARE MANSION IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) ONE HUNDRED (100) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY CUSTOMER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE SOFTWARE MANSION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  3. TERM AND TERMINATION

    12.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth in the preamble above, and it will continue indefinitely (perpetual license for the specific version), subject to the termination provisions herein. The period during which you receive updates (the Update Subscription) lasts for 12 months and does not automatically renew unless explicitly purchased again by the Customer.

    12.2. You may terminate this Agreement at any time by cancelling your Product Subscription via the link provided to you in Subscription Confirmation or via the termination procedure available at the Merchant of Record’s website. If such termination occurs during a Subscription period, this Agreement will continue to be effective until the end of that Subscription period. Such termination does not relieve you of the obligation to pay any outstanding Subscription fees owed to Software Mansion, and no credits or refunds will be issued to you for prepaid Subscription fees.

    12.3. Software Mansion may terminate this Agreement and the associated Subscription if:

    • 12.3.1. Customer has materially breached this Agreement and fails to remedy the breach within thirty (30) days of written notice;

    • 12.3.2. Software Mansion is required to do so by law (for example, where the provision of the Product to Customer is, or becomes, unlawful); or

    • 12.3.3. Software Mansion elects to discontinue providing the Product, in whole or in part.

    12.4. Survival. Upon the expiration or termination of this Agreement, Sections 6, 8, 9, 10, 11, and 16 of this Agreement survive.

  4. TEMPORARY SUSPENSION

Software Mansion reserves the right to suspend Customer’s access to Software Mansion Products if Customer’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.

  1. EXPORT REGULATIONS

Customer must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States. Customer declares and warrants that it is not a person targeted by Sanctions nor is it otherwise acting on behalf of any entity or person targeted by Sanctions. Customer agrees that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.

  1. GENERAL

    15.1. Entire Agreement. The following documents are part of (‘incorporated into’) this Agreement: the Software Mansion SimCam Privacy Policy, available at https://simcam.swmansion.com/legal/privacy-policy and the Software Mansion SimCm Terms and Conditions available at https://simcam.swmansion.com/legal/terms-and-conditions Together, these documents form the entire agreement and replace any previous agreement between you and us in relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or give rights to anyone else (‘no third-party beneficiaries’). No purchase order, Customer terms, or other document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by Customer and Software Mansion.

    15.2. Reservation of Rights. Software Mansion reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection laws.

    15.3. Changes to this Agreement. The Agreement can be updated from time to time, to reflect changes in the Product and how it is offered to you.

    • 15.3.1. If this happens, we will update the terms on the Software Mansion website and let you know either:

      • 15.3.1.1. by displaying them to you in the Product; or

      • 15.3.1.2. by sending the updated version to the email address used.

    • 15.3.2. Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By continuing to use the Product after the effective date you agree to be bound by the modified Agreement.

    • 15.3.3. We respect that you may not agree to the updated Agreement. If that is the case, you can terminate your Subscription any time up to 30 days after the effective date of the updated Agreement. Termination according to this Section entitles you to a pro-rata refund of the pre-paid unused Subscription fees.

    15.4. Opportunity to Review. You declare that you have had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

    15.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

    15.6. Interpretation. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.

    15.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

    15.8. Notice. Software Mansion may deliver any notice to Customer via electronic mail to an email address provided by Customer, including any email address made available to Software Mansion via its Merchant of Record, registered mail, personal delivery, or reputable express courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon personal delivery, (iii) one (1) day after deposit with an express courier, or (iv) five (5) days after deposit in the mail, whichever occurs first.

    15.9. Governing Law. This Agreement is governed by the laws of Poland, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).

    15.10. Dispute Resolution. Should the Parties to this Agreement fail to settle a Dispute amicably, the Dispute will be decided by the courts having general jurisdiction over Software Mansion; if you are a consumer, we both agree that any Dispute-related litigation may only be brought in, and shall be subject to the jurisdiction of, any competent court of Poland, unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out of court through the European Commission’s online platform for dispute resolution (ec.europa.eu/consumers/odr).

    15.11. Data Privacy. By accepting this Agreement, Customer acknowledges that Software Mansion will process personal data in accordance with Software Mansion SimCam Privacy Policy (available at https://simcam.swmansion.com/legal/privacy-policy)

    15.12. Force Majeure. Neither Party shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.

For further information, please contact us at legal@swmansion.com.