End User License Agreement – Simplifi Sign for Windows

This End User License Agreement (“License” or “EULA”) constitutes a legally binding agreement between you (“User”) and Simpliworks SRL (“Simpliworks”) regarding the use of the Simplifi Sign for Windows software application (the “Software”).

By installing, accessing, or using the Software, you confirm that you have read, understood, and fully accepted the terms of this License.

The Software is a technical tool intended to facilitate the use of trust services provided by Simpliworks and does not, in itself, constitute a trust service.

The User expressly acknowledges and agrees that the use of the Software is closely linked to the use of the trust services provided by Simpliworks and that such services are governed by the applicable policies and procedures.

The User understands and agrees that:

• the use of digital certificates is subject to the provisions of the applicable CPS and CP, as well as the General Terms and Conditions for Qualified Electronic Signature, Qualified Electronic Seal and Qualified Electronic Time-Stamping Services and the Simpliworks Personal Data Processing Policy, available at www.simplifi.ro/policies;
• the use of trust services is conditional upon compliance with applicable law;
• Simpliworks may suspend or revoke trust services under the conditions set out in the applicable policies;
• the operation of the Software may be limited or suspended where necessary to ensure the security or compliance of the trust services.

The issuance, use, suspension, and revocation of digital certificates are governed exclusively by:

• the Certification Policy (CP);
• the Certification Practice Statement (CPS);
• the Trust Services Policy (TSP);
• the General Terms and Conditions for Qualified Electronic Signature, Qualified Electronic Seal and Qualified Electronic Time-Stamping Services;
• the Personal Data Processing Policy;
• applicable law.

Simpliworks grants the User a limited, non-exclusive, non-transferable, and revocable license to install and use the Software, solely for the purpose of using the trust services provided by Simpliworks.

The User may use, install, and distribute Simplifi Sign for Windows only as permitted under this License.

Simplifi Sign for Windows is protected by Romanian copyright and related rights legislation, as well as by other international intellectual property laws and treaties.

Nothing in this License grants the User any rights to the source code, trademarks, patents, or proprietary technologies.

All rights of any kind in and to Simplifi Sign for Windows that are not expressly granted under this License are fully and exclusively reserved by Simpliworks SRL.

The right to use the Software may not be transferred or assigned without the prior written consent of Simpliworks.

Simpliworks reserves the right to assign this License, in whole or in part, to a third-party successor, including in the context of a merger, acquisition, corporate reorganization, outsourcing of services, or portfolio transfers, without requiring the prior consent of the User. The assignee shall assume all obligations of Simpliworks toward the User as of the date of assignment.

The User is responsible for ensuring the security and proper use of the Software and the associated services and undertakes to act with the diligence of a prudent and informed user.

In this regard, the User is responsible, including but not limited to, for:

• maintaining the security of the equipment, operating system, and IT environment in which the Software is installed and used, including by applying security updates, using antivirus software, and preventing unauthorized access;
• protecting the confidentiality, integrity, and availability of private keys, digital certificates, access codes, passwords, and other credentials;
• using digital certificates and the Software exclusively for authorized purposes and in accordance with applicable law and the policies and procedures governing trust services;
• carefully reviewing the content of documents before applying an electronic signature or performing any electronic operation;
• notifying Simpliworks without undue delay in the event of the occurrence or suspicion of a security incident;
• cooperating with Simpliworks in the investigation and remediation of security incidents.

Failure to comply with these obligations may result in the suspension or limitation of the use of the Software or trust services.

The User acknowledges that the security of the use of the Software depends primarily on the security of the IT environment in which it is installed.

Simpliworks cannot guarantee the security of the use of the Software where:

• the IT system is compromised;
• malicious software is installed;
• insecure configurations are used;
• the User does not comply with good security practices.

The User assumes full responsibility for maintaining the security of the IT environment and for preventing unauthorized access to the Software and to digital certificates.

When using the Software to sign electronic documents in Adobe Acrobat Reader or similar applications, it may be necessary to modify certain security settings, in particular by disabling the “Enable Protected Mode at startup” option from the application’s preferences menu.

The User is solely responsible for the configuration of third-party applications.

The User acknowledges and agrees that the use of the Software may automatically generate and transmit technical records and activity logs (“logs”) necessary to ensure the security, integrity, and proper operation of the Software and the associated trust services.

Such records may include, without limitation:

• technical information regarding the installation, configuration, and use of the Software;
• authentication events and the use of digital certificates;
• information regarding the operation of the application and any errors or technical incidents;
• data necessary for diagnosing technical issues and ensuring service continuity;
• information regarding interaction with the technical infrastructure of the trust services.

Such records may be collected, used, and retained by Simpliworks for security, incident prevention, regulatory compliance, audit and operational continuity purposes, and may be made available to competent authorities, supervisory bodies or authorized auditors as permitted by law.

The Software may be used in connection with third-party IT systems, including public authority platforms or electronic document signing applications.

Simpliworks does not control and is not responsible for the operation of such systems and does not guarantee ongoing compatibility. The User / Beneficiary is solely responsible for verifying compatibility and functionality prior to use.

Use of the Software in connection with public authority platforms (such as the Romanian Spațiul Privat Virtual ANAF, e-Invoice systems, etc.) is subject to compliance with the technical and legal requirements imposed by such authorities. Simpliworks shall not be liable for the rejection, invalidation, or non-acceptance of electronic documents by such platforms.

Simpliworks may provide technical support, without being under any obligation to do so, unless such support is expressly provided for in a separate agreement. Simpliworks may modify or discontinue technical support at any time.

Simpliworks may periodically perform maintenance, updates, or modifications to the Software or the associated infrastructure. Such operations may result in the temporary unavailability of the Software.

Simpliworks reserves the right to restrict or disable Software functionalities in the event that an outdated version is used, without this constituting a breach of this License.

Simpliworks shall not be liable for any loss or damage resulting from the temporary unavailability of the Software caused by planned maintenance, security updates, legal or regulatory requirements, or technical incidents.

The User shall not rent, lend, sublicense, modify, convert, translate, disassemble, decompile, or create derivative works from the Simplifi Sign for Windows application and shall not permit any third party to perform such activities.

The User shall not make access to the application available to other users or third parties in the context of providing IT, application or hosting services, without the prior written consent of Simpliworks.

The User shall not use, copy, emulate, clone, rent, sell, modify, decompile, disassemble, convert, or transfer the Software or any component thereof, except as expressly provided in this License.

The User shall not upload, sign, transmit, or distribute files or materials that infringe intellectual property rights or contain viruses, malicious programs or harmful code.

The source code, object code, and any other components of the application may not be used, accessed, or converted without the prior written consent of Simpliworks.

The Simplifi Sign for Windows Software, as well as any files, data, and materials associated therewith, are provided “as is” (“AS IS”), without warranties of any kind, express or implied, to the extent permitted by applicable law. Such warranties include, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Simpliworks SRL does not guarantee that the operation of the Software will be uninterrupted, error-free, or that the use of authentication mechanisms, passwords, or encryption functions will fully prevent unauthorized access or unintended disclosure of information.

The risks associated with the use of the Software are assumed by the User, to the extent permitted by law.

To the extent permitted by applicable law, Simpliworks SRL shall not be liable for any loss, damage, or financial prejudice resulting from the use or inability to use the Software. Simpliworks SRL’s total liability shall be limited to the amount of the license fee paid for the use of the Software.

Simpliworks SRL and its directors, officers, employees, collaborators, affiliates, subcontractors, or shareholders shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, business opportunities, or business interruption.

The Software is not intended for use in systems in which its failure could result in bodily injury, loss of life, or significant property damage.

Simpliworks SRL shall under no circumstances be liable for:

• damages caused by force majeure or fortuitous events (the License terminates automatically if the effects last more than 15 calendar days);
• damages caused by the installation and use of applications or devices used for the generation and management of cryptographic keys;
• damages caused by the improper use of issued certificates (revoked, expired, or used inconsistently with the certificate’s declared purpose);
• damages caused by the storage or transmission of false, inaccurate, incomplete, or outdated data, or false identity documents;
• damages caused by the theft or unauthorized use of authentication data, or by any negligence of the User in safeguarding such data.

Simpliworks reserves the right to amend this License in justified situations such as legal or regulatory changes, decisions of competent authorities, objective technical reasons, or extension of Software functionalities. The updated version shall be published on the official website or made available through the Software prior to entry into force. Continued use of the License after this date shall constitute tacit acceptance of the amendments.

Simpliworks reserves the right to temporarily suspend or terminate this License, in whole or in part, in the event that the User:

• breaches the terms and conditions of this License or any applicable contractual obligations;
• uses the Software in an unauthorized, illegal manner or contrary to the purpose for which it was provided;
• generates or contributes to the occurrence of security risks;
• fails to comply with the security, compliance, or usage requirements established by Simpliworks;
• is involved in a security incident affecting trust services;
• fails to comply with applicable law or with requirements imposed by competent authorities.

The suspension or termination of the License may be carried out without prior notice where this is necessary to protect the security, integrity, or compliance of trust services.

Upon termination of the License, the User shall immediately cease using the Software, uninstall it from all devices, and delete or destroy all copies in their possession or control.

The Simplifi Sign for Windows Software may be subject to restrictions regarding export, re-export, transfer, or use, in accordance with applicable laws on export controls, international sanctions, and international trade regulations, including those adopted by Romania, the European Union, or other competent authorities.

By accepting this License, the User represents and warrants that they are not subject to any restrictions or sanctions and that they will not export, re-export, transfer, or make the Software available to others in violation of applicable laws or international sanctions regulations.

This License shall be governed by and construed in accordance with the laws of Romania. Any dispute shall be resolved by the competent courts of general jurisdiction in Romania.

If any provision of this License is found to be invalid, illegal or unenforceable by a competent court, the remaining provisions shall continue to be valid and enforceable.

This License constitutes the entire agreement between the User and Simpliworks regarding the use of the Software and supersedes any prior agreements on this subject. The User expressly accepts the clauses set out in articles 5, 14, 15 and 16 above.