Other Component Agreement README for TALON COMMISSIONER
Other Component Agreement README for TALON COMMISSIONER
Embedded in, or bundled with, this product are open source software (OSS) components and other third party components identified below. You may receive a copy of,distribute and/or modify any open source code for the OSS component under the terms of their respective licenses,which may be GNU General Public License, the GNU Lesser General Public License, the modified BSD license and the MIT license. In the event of conflicts between Siemens license conditions and the Open Source Software license conditions, the Open Source Software conditions shall prevail with respect to the Open Source Software portions of the software.
You are permitted to modify proprietary components originating from Siemens and to engage in reverse engineering for purposes of debugging such modifications, to the extent such components are linked to libraries licensed under the GNU Lesser General Public License. You are not permitted to distribute information resulting from such reverse engineering or to distribute the modified proprietary components. Your rights to modify proprietary components originating from parties other than Siemens are governed by the respective third party´s license conditions.
On written request within three years from the date of product purchase and against payment of our expenses, Siemens will supply source code for any OSS component identified below in linewith the terms of the applicable license.
For this, please contact us at:
Siemens Schweiz AG Building Technologies Group Intellectual Property Xxxxxxxxxxx 00
XX 0000 Xxx
Xxxxxxxxxxx
Generally, the identified OSS components are distributed in the hope that they will be useful, but WITHOUT ANY WARRANTY, without even implied warranty such as for MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, and without liability for any Siemens entity other than as explicitely documented in your purchase contract.
I. Open Source Software (OSS) Components
All open source software components used within the product are listed below (including their copyright holders and the license conditions).
For OSS components having different portions released under different licenses, refer to the included Upstream Resources Internet website location(s) specified for each of the respective OSS components for identifications of code files released under the identified licenses.
1. Apache Xerces – Version 1.0.3 Upstream Resources:
xxx.xxxxxx.xxx Copyrights:
Xerces© is a copyright of Apache Software Foundation.
Licenses:
The Apache Software License, Version 1.1
Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
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© Copyright 2016, Siemens Schweiz AG Working copy if printed
"This product includes software developed by the Apache Software Foundation (xxxx://xxx.xxxxxx.xxx/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see <xxxx://xxx.xxxxxx.xxx/>.
Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.
2. Code Project Layout Manager – Version 1.0 Upstream Resources:
xxxx://xxx.xxxxxxxxxxx.xxx/Xxxxxxxx/000/Xxxxxx-Xxxxxxx-xxx-Xxxxxxx-Xxxxxxxxx-XxxxxxXxxx-xx Copyrights:
This Sourcecode and all accompanying material is ©1998-1999 Xxxxx Xxxxxx. All rights reserved.
Licenses:
DISCLAIMER:
The source code may be used in compiled form in any way you desire (including usage in commercial applications), providing that your application adds essential code (i.e. it is not only a wrapper) to the
functionality found here
Redistribution of the sourcecode itself, publication in any media or inclusion in a library requires the authors expressed written consent. You may not sale this code for profit.
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY. USE IT AT YOUR OWN RISK! THE AUTHOR ACCEPTS NO LIABILITY FOR ANY DAMAGE/LOSS OF BUSINESS THAT THIS PRODUCT MAY CAUSE.
3. Code Project Flicker Free Drawing in MFC – Version 1.0 Upstream Resources:
xxx.xxxxxxxxxxx.xxx/Xxxxxxxx/00/Xxxxxxx-Xxxx-Xxxxxxx-Xx-XXX Copyrights:
Copyright 1996-1999, Xxxxx Rule
Licenses:
This article, along with any associated source code and files, is licensed under The Code Project Open License (CPOL):
Preamble
This License governs Your use of the Work. This License is intended to allow developers to use the Source Code and Executable Files provided as part of the Work in any application in any form.
The main points subject to the terms of the License are:
Source Code and Executable Files can be used in commercial applications;
Source Code and Executable Files can be redistributed; and
Source Code can be modified to create derivative works.
No claim of suitability, guarantee, or any warranty whatsoever is provided. The software is provided "as-is".
The Article accompanying the Work may not be distributed or republished without the Author's consent
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This License is entered between You, the individual or other entity reading or otherwise making use of the Work licensed pursuant to this License and the individual or other entity which offers the Work under the terms of this License ("Author").
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CODE PROJECT OPEN LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK.
1. Definitions.
a. "Articles" means, collectively, all articles written by Author which describes how the Source Code and Executable Files for the Work may be used by a user.
b. "Author" means the individual or entity that offers the Work under the terms of this License.
c. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works.
d. "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work.
e. "Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You.
f. "Source Code" refers to the collection of source code and configuration files used to create the Executable Files.
g. "Standard Version" refers to such a Work if it has not been modified, or has been modified in accordance with the consent of the Author, such consent being in the full discretion of the Author.
h. "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles.
i. "You" is you, an individual or entity wishing to use the Work and exercise your rights under this License.
2. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty- free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. You may use the standard version of the Source Code or Executable Files in Your own applications.
b. You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or from the Author. A Work modified in such a way shall still be considered the standard version and will be subject to this License.
c. You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a Derivative Work, provided that You insert a prominent notice in each changed file stating how, when and where You changed that file.
d. You may distribute the standard version of the Executable Files and Source Code or Derivative Work in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution.
e. The Articles discussing the Work published in any form by the author may not be distributed or republished without the Author's consent. The author retains copyright to any such Articles. You may use the Executable Files and Source Code pursuant to this License but you may not repost or republish or otherwise distribute or make available the Articles, without the prior written consent of the Author.
Any subroutines or modules supplied by You and linked into the Source Code or Executable Files of this Work shall not be considered part of this Work and will not be subject to the terms of this License.
4. Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, import, and otherwise transfer the Work.
5. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You agree not to remove any of the original copyright, patent, trademark, and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files.
b. You agree not to advertise or in any way imply that this Work is a product of Your own.
c. The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author.
d. You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by itself, though, cannot be sold, leased or rented.
e. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights
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granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License.
f. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work.
6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON- INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS.
7. Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or attorneys’ fees) resulting from or relating to any use of the Work by You.
8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and 11 will survive any termination of this License.
b. If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements You claim are made by the Work, your License from such contributor to the Work ends automatically.
c. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice
11. Miscellaneous
a. This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual, the laws of location of the principal place of residence of the Author.
b. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
d. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Author and You
4. Code Project CxImage (subset: CxImage, png, zlib) – Version 6.0 Upstream Resources:
xxxx://xxx.xxxxxxxxxxx.xxx/Xxxxxxxx/0000/XxXxxxx
Copyrights:
Copyright (C) 0000 Xxxxxxxxx Xxxxxx Software Corporation Copyright (C) 1987, by Xxxxxx X. Xxxxxxx
Copyright (C) 1994-1998, C++ version by Xxxxxxxxx Xxxxxxx Sierra Copyright (c) 1998-2007 Xxxxx Xxxxxxx-Xxxxxxx
Copyright (c) 1996, 1997 Xxxxxxx Xxxxxx
Copyright (c) 1995, 1996 Guy Xxxx Xxxxxxxx, Group 42, Inc.
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Copyright (c) 1988-1997 Xxx Xxxxxxx Copyright (c) 1991-1997 Silicon Graphics, Inc. Copyright (C) 1995-2005 Xxxx Xxxxx Copyright (c) 1996-1998 Xxxxxx xxx Xxxxx Copyright (c) 1998-01-04 Xxxxxxx Xxxxxxx Copyright (c) 2000,2001 Xxxxxx Juyn
Copyright (c) 2001-2003 Xxxxxxx Xxxxx Xxxxx - All rights reserved. Copyright (c) 2002, Xxxxxx Xxxx - All rights reserved.
Copyright 1995-2005 Xxxx-loup Gailly Copyright 1997-2007 by Xxxx Xxxxxx
(c) Dec/2007 Xxxxxx Xxxxxxxxx
(c) 1999 Xxxxx XxXxxxx
(C) 1995-2004 Xxxx-loup Gailly and Xxxx Xxxxx Copyright (C) 1991-1998, Xxxxxx X. Xxxx. Copyright (C) 1994 by Xxxx Xxxxxx
Licenses:
Portions of the code are released under the Zlib/libpng License Portions of the code are released under a CxImage specific License
Portions of the code are released under an “miGIF Compression” specific License Portions of the code are released under the PNG Reference Library License Portions of the code are released under “LZW decoder for GIF” License
Zlib/libpng License:
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
CxImage specific License:
Covered code is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the covered code is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the covered code is with you. Should any covered code prove defective in any respect, you (not the initial developer or any other contributor) assume the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license. No use of any covered code is authorized hereunder except under this disclaimer.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, including commercial applications, freely and without fee, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
miGIF Compression specific License:
miGIF Compression - mouse and ivo's GIF-compatible compression
-run length encoding compression routines-
Copyright (C) 0000 Xxxxxxxxx Xxxxxx Software Corporation xxxx://xxx.xxxx.xxx
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Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. This software is provided "AS IS." The Xxxxxxxxx Avenue Software Corporation disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to this code and accompanying documentation.
PNG Reference Library License:
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary,
or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage. Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
“LZW decoder for GIF” License:
DECODE.C - An LZW decoder for GIF
* Copyright (C) 1987, by Xxxxxx X. Xxxxxxx
* Copyright (C) 1994, C++ version by Xxxxxxxxx Xxxxxxx Sierra
*
* Permission is given by the author to freely redistribute and include
* this code in any program as long as this credit is given where due.
*
* In accordance with the above, I want to credit Xxxxx Xxxxxxx who wrote
* the code which this is heavily inspired by...
*
* GIF and 'Graphics Interchange Format' are trademarks (tm) of
* Compuserve, Incorporated, an H&R Block Company.
*
* Release Notes: This file contains a decoder routine for GIF images
* which is similar, structurally, to the original routine by Xxxxx Xxxxxxx.
* It is, however, somewhat noticably faster in most cases.
5. FM Software GIFDecoder Class – Version 1.01 Upstream Resources:
xxx.xxxxxxx.xxx/xxxxx/xxx.xxxx Copyrights:
No copyright asserted on the source code of this class. May be used for any purpose, however, refer to the Unisys LZW patent for any additional restrictions. Please forward any corrections to xxxxxxx@xxxxxxx.xxx. @author Xxxxx Xxxxxx, FM Software; LZW decoder adapted from Xxxx Xxxxxx'x ImageMagick. @version 1.01 July 2001
Licenses:
6. libHaru – Version 2.3.0 RC2 Upstream Resources:
Copyrights:
Copyright (C) 1999-2006 Xxxxxxx Xxxxx Copyright (C) 2007-2009 Xxxxxx Xxxxxx Copyright (C) 2008 Xx Xxx
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Copyright (c) 1988-1997 Xxx Xxxxxxx Copyright (c) 1991-1997 Silicon Graphics, Inc. Copyright (c) 2010 Xxxxxx Xxxxxxxxx
Licenses:
Portions of the code are released under the libHaru License Portions of the code are released under the Zlib/libpng License Portions of the code are released under the MIT License
Portions of the code are released under a License from Xxx Xxxxxxx and Silicon Graphics Portions of the code are released under a Public Domain License
libHaru License:
HARU is distributed under the ZLIB/LIBPNG License. Because ZLIB/LIBPNG License is one of the freest licenses, you can use Haru for various purposes. The license of HARU is as follows.
Copyright (C) 1999-2006 Xxxxxxx Xxxxx This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Zlib/libpng License:
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the X Consortium shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the X Consortium
Xxx Xxxxxxx and Silicon Graphics License:
* Permission to use, copy, modify, distribute, and sell this software and
* its documentation for any purpose is hereby granted without fee, provided
* that (i) the above copyright notices and this permission notice appear in
* all copies of the software and related documentation, and (ii) the names of
* Xxx Xxxxxxx and Silicon Graphics may not be used in any advertising or
* publicity relating to the software without the specific, prior written
* permission of Xxx Xxxxxxx and Silicon Graphics.
*
* THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, * EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY * WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
*
* IN NO EVENT SHALL XXX XXXXXXX OR SILICON GRAPHICS BE LIABLE FOR * ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, * OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, * WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF * LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE * OF THIS SOFTWARE
Public Domain License:
* The code implements MD5 message-digest algorithm is based on the code * written by Xxxxx Xxxxx.
* The copyright of it is as follows.
*
* This code implements the MD5 message-digest algorithm.
* The algorithm is due to Xxx Xxxxxx. This code was * written by Xxxxx Xxxxx in 1993, no copyright is claimed.
* This code is in the public domain; do with it what you wish.
*
* Equivalent code is available from RSA Data Security, Inc.
* This code has been tested against that, and is equivalent, * except that you don't need to include two pages of legalese
* with every copy.
7. Microsoft DCOMPerm – Version 7.1 Upstream Resources:
Copyrights:
Copyright (C) 1995-2000 Microsoft Corporation. All rights reserved Licenses:
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT FOR WINDOWS 7 and .NET FRAMEWORK 4
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Microsoft Windows operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Microsoft Windows operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to the terms that protect the software as much as these License terms.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at
<xxxx://xx.xxxxxxxxx.xxx/xxxxxx/?XxxxXXx000000&xxxxxx0x000>.
Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
Sample Code for Microsoft Bing Maps AJAX Control. The software contains sample code that makes use of the Bing Maps AJAX Control. Your use and access of the Bing Maps AJAX Control is subject to the “Microsoft Bing Maps Platform API’s Terms of Use” which is located at:
<xxxx://xx.xxxxxxxxx.xxx/xxxxxx/?XxxxXXx000000&xxxxxx0x000>.
Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules. Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable
Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs;
for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: “Portions utilize Microsoft Windows Media Technologies. Copyright (c) 2006 Microsoft Corporation. All Rights Reserved”; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform; include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or others have the right to modify it.
b. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see xxx.xxxxxxxxx.xxx/xxxxxxxxx/xxxxxxxxx
<xxxx://xxx.xxxxxxxxx.xxx/xxxxxxxxx/xxxxxxxxx>. You may not work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
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8. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see xxx.xxxxxxxxx.xxx/xxxxxxxxx <xxxx://xxx.xxxxxxxxx.xxx/xxxxxxxxx>.
9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
10. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
12. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
13. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez
obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les xxxx de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les xxxx de votre pays si celles ci ne le permettent pas.
8. Microsoft OPC Category Helper – Version 1997 Upstream Resources:
Copyrights:
©1997-2013 Microsoft
Licenses:
See MICROSOFT LIMITED PUBLIC LICENSE
At bottom for Sample code terms of Use From MSDN Terms of Use:
ACCEPTANCE OF TERMS OF USE
Microsoft provides you with access to a variety of resources on this web site, including documents, photographs, videos, and other graphical, textual or audio-visual content (“Content”), software and computer code, including developer tools and sample code (“Software”), and communication forums and other services ("Services"). The Content, Software, Services and all other aspects of this web site are subject to these Terms of Use. Microsoft reserves the right to update these Terms of Use at any time without notice to you. The applicable and most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages.
By accessing or using this web site in any way, you agree to and are bound by the terms of this Terms of Use. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this web site.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your information. Top of page
APPLICATION PROGRAMMING INTERFACES
Microsoft publishes information on a number of application programming interfaces (“APIs”) on this web site. Microsoft will not assert any of its patent rights on account of your products calling these APIs in order to receive services from the Microsoft product that exposes the APIs.
Top of page SOFTWARE
All Software that is made available to download from the web site is the copyrighted work of Microsoft or its suppliers. Your use of
Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software.
If this web site provides any Software (such as javascript) to your computer's browser and does not include a license agreement, then Microsoft grants you the right to use that Software solely to interact through your browser with this web site.
If any Software contains a copyright notice or similar indication of ownership that indicates it is owned by someone other than Microsoft, and it includes its own license agreement, then that Software is licensed to you by that other party and not Microsoft, and Microsoft grants you no intellectual property rights (express or implied) with respect to that Software.
If Microsoft makes any other Software available on this web site without a license agreement, you may use it solely to design, develop and test your programs to run on Microsoft products and services.
Top of page CONTENT
All Content is the copyrighted work of Microsoft or its suppliers. Use of the Content is governed by the terms of the license
agreement, if any, that accompanies or is included with the Content.
If any Content is made available to you on this web site without a license agreement, then you may make a reasonable number of copies of the Content for your internal use in designing, developing, and testing your software, products and services. You must preserve the below copyright notice in all copies of the Content and ensure that both the copyright notice and this permission notice appear in those copies.
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CONTENT ACCESSIBLE ONLY TO INVITED PARTICIPANTS
Certain portions of this web site are accessible only to users who are invited to participate, for example as part of a program for using pre-release Software and providing feedback to Microsoft. All information available in those portions of this web site or concerning Content or Software available in those portions of this web site are confidential information of Microsoft. For a period of five years from the time you accessed this confidential information, you may not disclose this confidential information to any third party. This restriction will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who
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THE SOFTWARE, CONTENT, APIS AND SERVICES, AND INFORMATION AVAILABLE FROM THIS WEB SITE OR THE SERVICES, ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE AGREEMENT THAT COVERS THE APPLICABLE SOFTWARE, CONTENT, APIS, SERVICES AND INFORMATION. EXCEPT AS WARRANTED IN THAT SEPARATE AGREEMENT (IF ANY), MICROSOFT CORPORATION AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, CONTENT, APIS, SERVICES AND INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Content, Software or Services. Except as expressly provided in any written license agreement from Microsoft, the furnishing of Content, Software or Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
RESERVATION OF RIGHTS
Microsoft reserves all rights not expressly granted under these terms of use, and no other rights are granted under these terms of use by implication or estoppel or otherwise.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of
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PROHIBITED USE OF SERVICES
For any communities on this web site, you must follow the Microsoft Communities Rules of Conduct.
As a condition of your use of Services, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children and business sensitive information in any Communication Services. Microsoft does not control or endorse the content, messages or information found in any Communication Services, and Microsoft specifically disclaims any liability with regard to the Communication Services.
Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations if you download the materials.
SUBMISSIONS PROVIDED TO THIS WEB SITE
Microsoft does not claim ownership of code, content, comments, feedback, suggestions, information or materials that you provide via this web site or any Services ("Submission"). However, by providing a Submission, you are irrevocably granting Microsoft and its affiliated companies the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this web site’s Terms of Use, which may change over time), and the right to publish your name, city of residence, and e-mail address in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control.
No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and Microsoft may remove any Submission at any time.
By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).
Top of page TERMINATION
Microsoft reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Xxxxx 00, Xxxxxx Xxxxxx Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement. Top of page
LINKS TO THIRD PARTY SITES
SOME LINKS ON THIS SITE WILL LET YOU LEAVE THE MICROSOFT WEB SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT: (i) MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS, PROJECTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD- PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MICROSOFT MAKES NO
Issue:31-Aug-16 Rev 1.0 - page 13/36
REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MICROSOFT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
Top of page COPYRIGHT NOTICE
© 2010 Microsoft Corporation. All rights reserved.
MICROSOFT LIMITED PUBLIC LICENSE
This license governs use of code marked as “sample” or “example” available on this web site without a license agreement, as provided under the section above titled “NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.” If you use such code (the “software”), you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.
A “contribution” is the original software, or any additions or changes to the software. A “contributor” is any person that distributes its contribution under this license.
“Licensed patents” are a contributor’s patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(F) Platform Limitation - The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.
9. Naughter Software EnumSerialPorts – Version 1.01 Upstream Resources:
Copyrights:
Copyright (c) 1998 - 1999 by XX Xxxxxxxx. All rights reserved.
Licenses:
You are allowed to include the source code in any product (commercial, shareware, freeware or otherwise) when your product is released in binary form.
You are allowed to modify the source code in any way you want except you cannot modify the copyright details at the top of each module.
If you want to distribute source code with your application, then you are only allowed to distribute versions released by the author. This is to maintain a single distribution point for the source code.
10. OPC Foundation AE Redistributables – Version 1.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC
FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In
other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a); (ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12
MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with OPC Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL THE TERMS.
11. OPC Foundation AE SDK – Version 1.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation Licenses:
END USER LICENSE AGREEMENT
OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation
Issue:31-Aug-16 Rev 1.0 - page 18/36
and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a);
(ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12 MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
Issue:31-Aug-16 Rev 1.0 - page 19/36
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with
OPC Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL THE TERMS.
12. OPC Foundation Common Redistributable – Version 1.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation Licenses:
END USER LICENSE AGREEMENT OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE
Issue:31-Aug-16 Rev 1.0 - page 20/36
OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a);
(ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration
Issue:31-Aug-16 Rev 1.0 - page 21/36
process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12 MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with OPC Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC
Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
13. OPC Foundation Common SDK – Version 1.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL
INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC
FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC
Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a); (ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12 MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with OPC Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
14. OPC Foundation DA Redistributables – Version 2.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL
Issue:31-Aug-16 Rev 1.0 - page 25/36
APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC
FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC
Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation
shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a); (ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12 MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with OPC Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
15. OPC Foundation DA SDK – Version 2.00 Upstream Resources:
xxx.xxxxxxxxxxxxx.xxx Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO XXXXXX GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL
INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO ITS MEMBERS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY DOWNLOADING OR USING THE OPC MATERIALS OR ANY REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUG FIXES, UPDATES, UPGRADES, ANY OTHER RELEASE THERETO, AND/OR ANY PART THEREOF, CLICKING ON THE ‘ACCEPT’ BUTTON, OR OTHERWISE USING THE OPC MATERIALS, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL FORM THE ENTIRE AGREEMENT BETWEEN THE LICENSEE AND OPC FOUNDATION RELATING TO THE DOWNLOAD AND USE OF THE OPC MATERIALS, AND SHALL SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN LICENSEE AND OPC FOUNDATION AND/OR BETWEEN LICENSEE AND ANY REPRESENTATIVE OR AGENT ON OPC
FOUNDATION’S BEHALF.
BY ACCEPTING THIS AGREEMENT, LICENSEE REAFFIRMS ITS ACCEPTANCE OF THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AGREEMENT AND THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY, THE OPC FOUNDATION INTELLECTUAL PROPERTY POLICY SHALL CONTROL.
AS PART OF THIS LICENSE AGREEMENT, YOU MUST REGISTER WITH OPC FOUNDATION AND PROVIDE YOUR COMPANY NAME, PRIMARY CONTACT NAME, ADDRESS OF PRINCIPAL OFFICE, E-MAIL ADDRESS AND TELEPHONE NUMBER. ALL OPC MATERIALS, UNLESS EXPLICITLY DESIGNATED OTHERWISE, ARE ONLY AVAILABLE TO CURRENTLY REGISTERED MEMBERS OF THE OPC FOUNDATION (AN "ACTIVE MEMBER"). IF YOU ARE NOT AN EMPLOYEE OR AGENT OF AN ACTIVE MEMBER, THEN YOU ARE PROHIBITED FROM USING THE OPC MATERIALS AND ALL COPIES (IN ALL FORMATS) OF SUCH MATERIALS IN YOUR POSSESSION MUST EITHER BE DESTROYED OR RETURNED TO THE OPC FOUNDATION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND/OR DO NOT DOWNLOAD AND/OR INSTALL AND/OR PRINT AND/OR USE THE OPC MATERIALS, AND IMMEDIATELY DESTROY OR RETURN ALL COPIES (IN ALL FORMATS) OF THE OPC MATERIALS IN YOUR POSSESSION TO THE OPC FOUNDATION.
Licensee may print and keep a copy of this Agreement.
If You comply with these license terms, You have the rights and obligation set forth below:
1. LICENSE GRANT:
a) Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to Licensee, and Licensee accepts, a non-exclusive, royalty-free, limited license to use, copy, display and distribute (as set forth herein) the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. Licensee may not distribute OPC Materials outside of the Active Member organization to which You belong unless the OPC Foundation has explicitly designated the relevant OPC Material for public use.
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page xxx.xxxxxxxxxxxxx.xxx from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together. In other words, while Licensee may use OPC Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform.
2. PROPRIETARY RIGHTS; NON-DISCLOSURE.
a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. This Agreement does not convey to You an interest in or to the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a); (ii) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 00000 X. 00xx Xxxxxx, Xxxxx 0X, Xxxxxxxxxx, XX 00000-0000, XXX.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT
Issue:31-Aug-16 Rev 1.0 - page 29/36
LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO OPC FOUNDATION BY LICENSEE OVER THE 12 MONTHS PRECEDING ANY CLAIM. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT.
This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted.
6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. TERM/TERMINATION
a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company fails to maintain its Active Member status with OPC
Foundation; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials.
b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto.
c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section.
d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements.
9. GENERAL. Neither party is deemed an agent of the other. Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery of the Software.
16. Bosrup overLIB – Version 3.5 Upstream Resources:
xxxx://xxx.xxxxxx.xxx/xxx/xxxxxxx/
Copyrights:
Copyright Xxxx Bosrup 1998-2001. All rights reserved.
Licences :
1.1 License coverage
Note that this license only covers the script and not any supporting material such as this website or the documentation. You may not re-produce or copy the website or other material presented here without explicit written permission from the author.
1.2 2. License (Artistic)
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the package. "You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
1. place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as xxx.xx.xxx, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
2. use the modified Package only within your corporation or organization.
3. rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
4. make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
1. distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
2. accompany the distribution with the machine-readable source of the Package with your modifications.
3. accompany any non-standard executables with their corresponding Standard Version executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
4. make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
7. C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.
8. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17. PixieLib – Version 1998 Upstream Resources:
xxxx://xxx.xxxxxxxx.xxx/XxxxxXxx.xxx Copyrights:
Copyright 1998 Xxxx XxXxxxxx.
Licenses
From xxxx://xxx.xxxxxxxx.xxx/XxxxxXxx.xxx:
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSE AGREEMENT: You may compile XxxxxXxx.XXX into applications that you distribute to others provided that you include the following text along with your own Copyright notice in every source file that uses PixieLib: "Portions of this program borrowed from XxxxxXxx.XXX, Copyright 2005 Xxxx XxXxxxxx." You may not remove the Copyright message or credits in the PixieLib source files.
You may NOT distribute the XxxxxXxx.XXX source code in whole or part to others. You may NOT include PixieLib source code as part of an open-source project or place it under GPL (General Public License) or public domain! For example, you may NOT publish a CD of "101 Programming Gems" that includes portions of PixieLib as one of the gems. This restriction is inherited from Microsoft.
Portions of XxxxxXxx.XXX were first published in Microsoft Systems Journal and MSDN Magazine.
II. Third Party Components Licensed by Siemens
Unless provided below, the terms and conditions of the respective third party COTS components are covered in the accompanying XXXX.
1. Adobe Reader – Version 11.0.5 Upstream Resources:
Copyrights:
Copyright © 1984-2012 Adobe Systems Incorporated and its licensors. All Rights Reserved.
Adobe Reader XI 3rd Party Read Me: xxxx://xxx.xxxxx.xxx/xxxxxxxx/xxxx/xxxxx_xxxxx/xxxxxxx/00/Xxxxxxx_Xxxxxx_XX_0xx_Xxxxx_Xxxx_Xx_xxx_0.xxx
2. BSQUARE winRT Toolkit – Version 4.0 Upstream Resources:
xxx.xxxxxxx.xxx Copyrights:
© Copyright 2013 BSQUARE Corporation
3. Software FX Chart FX- Version 3.0 Upstream Resources:
Copyrights:
© 2008 Software FX, Inc.
Additional Credits:
Issue:31-Aug-16 Rev 1.0 - page 32/36
- This software is based in part on the work of the Independent JPEG Group
- This software is based in part of the work of the FreeType Team
4. Software FX Chart FX - Version 98 Upstream Resources:
xxx.xxxxxxxxxx.xxx Copyrights:
© 2008 Software FX, Inc.
5. Cimetrics BACstac – Version 6.4-e Upstream Resources:
xxx.xxxxxxxxx.xxx Copyrights:
All files in this distribution are Copyright (c) 2009-2013 by Cimetrics, Inc. All rights reserved.
6. Corel DESIGNER – Version 9 Upstream Resources:
xxx.xxxxx.xxx Copyrights:
(C) Copyright 1993-1994 by Micrografx, Inc. All rights reserved. Permission to use this work for any purpose must by obtained in writing from Micrografx, 0000 Xxxxxxx, Xxxxxxxxxx, XX. 75081.
Copyright © 2001 by Micrografx, Inc.
7. CrypKey SDK for Windows - Version 7.8 Upstream Resources:
xxx.xxxxxxx.xxx Copyrights:
Copyright © 1992-2013, CrypKey (Canada) Inc. All rights reserved Copyright 1989-2000 PKWARE Inc. All Rights Reserved .
8. Customized MFC Multithreaded Extensions – Version 4.1 Upstream Resources:
xxx.xxxxxxxxx.xxx Copyrights:
©2013 Microsoft
9. Dialogic System Release PCI for Windows – Version 6.0 Upstream Resources:
xxx.xxxxxxxx.xxx Copyrights:
©Copyright 1991-2013 Dialogic Inc.
10. FactorySoft OPC Server Development Toolkit – Version 1997 Upstream Resources:
No longer available Copyrights:
Copyright (c) FactorySoft, INC. 1997, All Rights Reserved
11. FarPoint Technologies TabPro - Version 2.0 Upstream Resources:
xxxx://xxx.xxxxxxxxxxxx.xxx/XxxxxXxxxx/XxxxxxXxxxxxxx/ Copyrights:
Copyright © 1996-1997 FarPoint Technologies, Inc.
12. XXXX Software Prof-UIS – Version 2.23 Upstream Resources:
xxx.xxxxxxxx.xxx xxx.xxxx-xxx.xxx
Copyrights:
© 2001-2004 XXXX Software, Inc.
13. IEC Intelligent Technologies PEAK –Version 3.0 Upstream Resources:
No longer available. Company is out of business Copyrights:
Copyright 1993-2001, All rights reserved:
IEC Intelligent Technologies 000 Xxxxx Xxxxxx, Xxxxx 000
Xxxxxx, XX 00000
303.277.1503
Peak Components is a trademark of IEC Intelligent Technologies.
14. Infragistics ScheduleX – Version 8.0 Upstream Resources:
xxx.xxxxxxxxxxxx.xxx Copyrights:
©1992-2013 Infragistics, Inc.
15. Flexera Software Installshield – Version 2012 Upstream Resources:
xxx.xxxxxxxxxxxxxxx.xxx Copyrights:
© 2012 Flexera Software LLC.
16. Microsoft ASPnet_setreg.exe - Version 1.0.3705.410 Upstream Resources:
xxx.xxxxxxxxx.xxx Copyrights:
©2013 Microsoft
17. Microsoft .NET Framework - Version 2.0 XX0 Xxxxxxxx Resources:
xxx.xxxxxxxxx.xxx Copyrights:
©2013 Microsoft
18. Microsoft .NET Framework – Version 4.0 Upstream Resources:
xxx.xxxxxxxxx.xxx Copyrights:
©2013 Microsoft
19. Microsoft MSDN Query Status Dialog Sample Code – Version 4.1 Upstream Resources:
xxx.xxxxxxxxx.xxx Copyrights:
©2013 Microsoft
20. Microsoft MSDN RowList Sample Code – Version 4.1 Upstream Resources:
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