QuickOPC 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 separately or 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. Promptly contact the place where you obtained
the software from to obtain clarification before installing or to obtain
authorization for and instructions to obtain a full refund.
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 rights. 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 and RUNTIME purposes at a SINGLE PHYSICAL FACILITY ONLY.
ISV/OEM License – you
have the rights to install the SOFTWARE PRODUCT for DEVELOPMENT purposes on any
number of computers. You may distribute applications built using these
components, including off-the-shelf packaged software applications (known as
ISV/OEM), 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 a single
back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy 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
DEVELOPER’s initial free
support period is 30 days from the purchase date of your license(s) for the
SOFTWARE PRODUCT. DEVELOPER provides
unlimited e-mail support for the SOFTWARE PRODUCT whether a demo or registered
license in the first 30 days after purchase. DEVELOPER will provide free phone
support during the initial 30 days to the licensed and registered user provided
the applicable license fees for use of the SOFTWARE PRODUCT have been
paid. DEVELOPER will provide email and
phone support beyond the initial 30 day period as stipulated in the separate
Maintenance & Support Agreement, and provided applicable maintenance or
support fees have been paid to DEVELOPER.
All corrections and maintenance releases will be made available through DEVELOPER’s
Internet site. All major product
releases of the SOFTWARE PRODUCT are subject to upgrade fees. At no time will
on-site support be provided without advance payment to DEVELOPER for a minimum
of two days on-site engineering support services, plus all expenses.
Support Transfer.
Support is transferable with
the SOFTWARE PRODUCT under this AGREEMENT provided that the original licensee
has not received any prior product support.
If the original licensee has obtained and utilized technical support,
purchase of a support agreement or pay by the incident technical support
services may be required.
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 Maintenance & Support 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 disk 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 DISKS 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, DISK, 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.