OPC Studio Product Family
END USER LICENSE AGREEMENT
The SOFTWARE PRODUCT is
protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed
for use under the terms of this agreement, not sold. For the purposes of this
AGREEMENT, the SOFTWARE PRODUCT consists of the following components:
Which are available for
purchase as part of one of the following bundled offerings and editions:
Your specific rights to
utilize these components are governed by this AGREEMENT, specifically the GRANT
OF LICENSE section, which describes your rights for the product license(s) you
have purchased.
This agreement constitutes
the complete agreement between you and CODE Consulting and Development, s.r.o.,
Bolevecka naves 27, Plzen, Czech Republic (hereinafter "DEVELOPER").
If you do not agree to the terms of this AGREEMENT, do not continue with the
installation of this software.
GRANT OF LICENSE
This AGREEMENT grants you the following rights based on which product or bundle
you purchased a license for. Although the software installation you are
provided may be used to install multiple products, you are ONLY LICENSED to use
those items for which you have purchased a license.
The rights granted for each
item are listed below. Please consult your product delivery receipt and/or
invoice for the part number for the item(s) you have licensed so that you can
clearly understand your right. If at any time you have questions about the
rights granted by this license, you are encouraged to contact us on sales09@opclabs.com
with your questions.
Site
License. You have the rights to install the SOFTWARE
PRODUCT for DEVELOPMENT purposes at a SINGLE PHYSICAL FACILITY ONLY. Remote workers constitute a single physical facility
for the purpose of this AGREEMENT. You
may distribute applications built using these components along with the runtime
portions of these components without payment of additional license fees under
the following conditions:
Company-Wide
Global License. You have the rights to install the SOFTWARE
PRODUCT for DEVELOPMENT purposes within your legal entity, but excluding any
subsidiaries or affiliates. You
may distribute applications built using these components along with the runtime
portions of these components without payment of additional license fees under
the following conditions:
RESERVED RIGHTS: Any and all rights not
specifically granted above are reserved by the DEVELOPER. You should contact the
DEVELOPER via sales09@opclabs.com to
request a written clarification if you have a usage case for the SOFTWARE
PRODUCT that is not explicitly covered by the GRANT OF LICENSE for your
purchased license(s).
BACK-UP COPIES: You may make back-up copies
of the SOFTWARE PRODUCT. You may use the back-up copies solely for archival
purposes.
DESCRIPTION OF OTHER RIGHTS
AND LIMITATIONS.
Limitations on Reverse
Engineering, Decompilation and Disassembly.
You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
Separation of Components.
The SOFTWARE PRODUCT is
licensed as a single product. Its component parts may not be separated for use
on more than one computer.
Single COMPUTER.
Usage rights of the SOFTWARE
PRODUCT may be constrained to use on a SINGLE COMPUTER. Please refer to the
GRANT OF LICENSE section for your particular part number or item for your
specific rights relative to the number of computers on which you may install
and use the SOFTWARE PRODUCT.
Rental.
You may not rent or lease
the SOFTWARE PRODUCT.
Software Transfer
You, as the original
licensee may permanently transfer all of your rights under this AGREEMENT,
provided you notify DEVELOPER that the license is being transferred to another
user, you retain no copies, you transfer all of the SOFTWARE PRODUCT (including
all component parts, the media and printed materials, any upgrades, this
AGREEMENT and, if applicable, the Certificate(s) of Authenticity), and the
recipient agrees to the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an
upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Support
This EULA does not establish
any obligations for the DEVELOPER to provide support.
Termination.
Without prejudice to any
other rights, DEVELOPER may terminate this AGREEMENT if you fail to comply with
the terms and conditions of this AGREEMENT. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
UPGRADES.
If in the future you obtain
upgraded versions of the SOFTWARE PRODUCT (UPGRADES) under the terms of this
AGREEMENT or as entitled to under a separate agreement, the UPGRADES are to be
used on the same computer as the originally licensed software. Receipt of
UPGRADES does not entitle you to additional licenses of the SOFTWARE PRODUCT to
be used on separate computers. The original license and the UPGRADES are
not-separable. If you transfer the license of your original license to another
computer, you must transfer the UPGRADES with the original license.
COPYRIGHT.
All title and copyrights in
and to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text and "applets,"
incorporated into the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT, are owned by DEVELOPER or its
suppliers. You may not copy the printed materials accompanying the SOFTWARE
PRODUCT. All rights not specifically granted under this AGREEMENT are reserved
by DEVELOPER.
DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE
PRODUCT in more than one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for the COMPUTER. You
may not use or install the other medium on another computer. You may not loan,
rent, lease, or otherwise transfer the other medium to another user, except as
part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
LIMITED WARRANTY
The sole warranty regarding
the Software and related materials is that the original medium is free from
physical defects in material and workmanship.
Your sole and exclusive
remedy for any breach of representation or warranty is that Licensor, at its
option, either (a) will refund your payment for the Software upon your return
of the Software and related materials, with a copy of your receipt, or (b) will
replace it on an exchange basis without charge (except as provided above).
EXCEPT FOR THE EXPRESS
WARRANTY OF THE ORIGINAL MEDIA SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED
"AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR
OTHERWISE, REGARDING THE SOFTWARE, MEDIUM, AND RELATED MATERIALS, INCLUDING
THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY,
OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET
FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES
ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE.
CERTAIN LIMITATIONS
Licensor has no control over
your use of the Software. Licensor does not and cannot warrant the performance
or results that may be obtained by its use. Licensor does not represent,
warrant, or guarantee the accuracy and timeliness of the data contained in the
Software and Licensor shall have no liability of any kind whatsoever to you, or
to any other party, on account of any inaccuracies in or untimeliness of the
data, or for any delay in reporting such data contained in the Software.
Various information in the Software constantly changes, and the information in
the Software is only as of a particular date. Licensor does not warrant that
the operation of the Software will be uninterrupted or error free. Licensor is
not responsible for problems caused by accident, abuse, mishandling,
alteration, or improper use. Licensor does not warrant or guarantee the
suitability of the Software or that it will meet your requirements.
LIMITATIONS OF DAMAGES
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT.
SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED
RIGHTS.
The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Restrictions on
redistribution of the SOFTWARE PRODUCT to prohibited parties.
You may not redistribute any part of the SOFTWARE PRODUCT to any entity that is on the United States Treasury Department Specially Designated Nationals and Blocked Persons List, the United States Department of Commerce’s Bureau of Industry and Security (BIS) Unverified List, Denied Persons List, or EAR Part 744, Supplement 4 Entity List or for applications that are listed in EAR Part 744, Supplement 4. You are solely responsible for assuring your compliance with these requirements.
Miscellaneous
This Agreement is governed
by the laws of the State of North Carolina, United States of America. The
validity of the Vienna United Nations Convention on Contracts for the
International Sale of Goods (April 11, 1980) is excluded.