1.1 These Terms and Conditions are the legal framework for any download and use of the SmartPLS software. The contracting party of this agreement is SmartPLS GmbH, Ahornstr. 54, D-25474 Bönningstedt, Germany (‘SmartPLS’).

1.2 SmartPLS has developed SmartPLS software for multivariate data analysis (e.g., regression analysis, logistic regression, exploratory factor analysis, confirmatory factor analysis, covariance-based structural equation modeling, necessary condition analysis, path models, PROCESS, partial squares structural equation modeling) with a graphical user interface (‘Software’).

1.3 For a fee (‘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’) that allows the Customer to use the Software. This constitutes the agreement between SmartPLS and the Customer has been concluded.

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 free of charge, unless otherwise announced by SmartPLS, but does not give access to the full functionality of the Software. The Student License’s Access Authorization grants the use of the Software on a single computer or device. Once activated, 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 that allows the Customer to use all functionalities of the Software. The Professional License is subject to fee, unless otherwise announced by SmartPLS. 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 a single computer or device. Once activated, 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 specified in the Professional License agreement.

2.3 Subject to the foregoing, and given that the Customer has provided accurate and truthful Customer information and has paid the License Fee (if applicable) in full, 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 further 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 includes screenshots of the Software in books, presentations, and other publications as well as video presentations demonstrating the use of the Software.

2.5 The Software is copyrighted and is protected by copyright laws. Notwithstanding any such rights, title to the Software and all copies thereof shall remain with SmartPLS. The Customer may not sell, rent or lease the License. The user may not remove any copyright notice from the Software without SmartPLS’s prior written consent.

3.1 SmartPLS offers different versions of the Software for different hardware environments for download at https://www.smartpls. com. The Customer may download the Software from the Internet and, at its sole responsibility, install a version of the Software that is compatible with its hardware.

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 a system environment in accordance with the system requirements specified by SmartPLS. A Java Runtime Environment installation that is compatible with the Software is necessary.

3.4 The computers or devices must be permanently connected to the Internet in order to run the Software.

3.5 The Software use requires an Access Authorization by SmartPLS (i.e., the authorization requires proper registration and payment of the License Fee, if applicable). Access Authorization is designed to prevent unauthorized use and copying.

3.6 SmartPLS receives information about each installation and activation process of the Software. Upon expiration of the License Period, the Customer’s Access Authorization will automatically terminate (i.e., no subscription).

3.7 SmartPLS does not provide any support and/or documentation related to the use, the scientific background, or the results of the Software other than the information provided in the explanatory text embedded in the Software or on the https://www.smartpls.com website.

3.8 SmartPLS may offer updates and releases of the Software for various hardware environments for download at https://www.smartpls.com. With a valid Access Authorization, the Customer can use the new versions of the Software.

4.1 The License Period is based on the version of the license type ordered by the Customer and confirmed by SmartPLS.

4.2 The License Period commences upon the delivery of the Access Authorization by SmartPLS. If the Customer order and SmartPLS confirms a Professional (Multiple User) Floating version , the License Period begins upon SmartPLS provides a sufficient number of the Access Authorizations.

4.3 The License Fee must be paid in advance ( i.e. prior to the delivery of the Access Authorization by SmartPLS).

4.4 Payments must be made using a method of payment method requested by SmartPLS.

5.1 SmartPLS may terminate the License and immediately suspend or terminate a Customer's access to the Software if the Customer or any user authorized by the Customer violates these Terms and Conditions. Such suspension or termination of Customer's access shall not result in any refund or reduction of the License Fee.

5.2 Order cancellations will be accepted within 30 days from the date of purchase. Within this period, SmartPLS will issue a full refund of the purchase price. To initiate a refund, the Customer can send an email to sales@smartpls.com with the 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 whether the Software can be run on his or her computer system or device.

6.2 The Customer acknowledges that errors in the Software cannot be completely avoided. The Software is provided “as is” without warranty of any kind, either 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 the operation of the Software will be error-free and/or uninterrupted.

6.3 In no event shall SmartPLS be liable for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use of or the inability to make use of the Software.

6.4 SmartPLS shall not be liable for any damages resulting from the incompatibility of the Software with the Customer’s hardware or other software.

6.5 SmartPLS shall not be 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 infringe the rights of any third party. The Customer shall promptly notify SmartPLS in writing of any such claim and shall provide SmartPLS all necessary powers of attorney and authority to defend the Software against such claim. Alternatively, SmartPLS may take the lawful steps 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, notwithstanding the forgoing limitations, the Customer must give SmartPLS written notice of its claim within six months after Access Authorization to the Software. 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 in writing with a comprehensible description of any error in the Software as soon as the Customer becomes aware of it. The notification 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 the error.

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: Bönningstedt, Germany URL: https://www.smartpls.com Year: 2024 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. 2024. SmartPLS 4. Bönningstedt: SmartPLS GmbH, https://www.smartpls.com.

7.2 The Software includes components developed by third parties. Their respective terms and conditions apply. These third-party licenses and components include:

8.1 Data protection is not only required by law, it is also extremely important to us. We take great care to treat your personal data confidential and in accordance with data protection regulations, in particular with the General Data Protection Regulation (GDPR), which came into force on May 25, 2018, and this privacy policy. More specifically, our Privacy Policy Statement applies.

8.2 Projects and data sets for the statistical analyses using the Software are not stored on SmartPLS servers or within the Software, but in a Workspace folder that the Customer selects locally on a specific computer or device or on a cloud drive selected by the Customer. The Customer is responsible for the storage, backup, transfer to other computers or devices, and deletion of Software’s project data files used.

If any provision of this Agreement is or becomes invalid or unenforceable, the provision shall be amended to the extent permitted by law, except amendments to clause 2 of this Agreement. Any invalid provision shall not affect the validity of the remaining provisions of these Terms and Conditions.