End User License Agreement
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT (“EULA”). YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
END-USER LICENSE AGREEMENT FOR Open Automation Software
This OAS End-User License Agreement (“EULA”) is a legal AGREEMENT between you (either as a registered individual or as the registered developer/representative and on behalf of a single entity) and Open Automation Software for the Open Automation Software software product (“SOFTWARE PRODUCT”) identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT, the original purchaser may, however, return it to the place of purchase within ninety days of the date of original purchase for a full refund.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1) GRANT OF LICENSE. This EULA grants you, the registered computer software developer, the following rights:
- The OAS Service may be installed for use on one computer for each license purchased. Open Automation Software HMI and Open Automation Software .NET Client Components can be installed on unlimited numbers of PCs to connect to each licensed service. The SOFTWARE PRODUCT may not be loaned to software developers of other firms other than the stated purchaser. The SOFTWARE PRODUCT in whole or form may not be resold as a development software package. OEMs can market their own software products that use Open Automation Software components for their specialized industry.
- You may not sell, transfer or convey the Software to any third party without Licensor’s prior express written consent.
You will not be able to use the third party components included with Open Automation Software from Component One or Nevron directly without purchasing the proper license from these firms. You are only authorized to use these products with the Open Automation Software components.
- STORAGE/NETWORK USE. You may make copies of the installation of the SOFTWARE PRODUCT.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Rental. You may not rent or lease the SOFTWARE PRODUCT to any party.
- Termination. Without prejudice to any of Open Automation Software’s other rights, Open Automation Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3) UPGRADES. The licensed user will be provided updates to the SOFTWARE PRODUCT for up to 3 months after purchase at no additional fee, and continually if the software is under a current maintenance plan.
4) COPYRIGHT AND TRADEMARKS.
- All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by Open Automation Software. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT.
- You may not remove, modify or alter any Open Automation Software copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Open Automation Software Setup Wizard dialogue or ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
5) U. S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Open Automation Software, 5077 Bear Mountain Dr., Evergreen, CO 80439 USA (or by FAX +1-303-496-6700, e-mail to: email@example.com).
If you acquired or use this SOFTWARE PRODUCT in the United States, the laws of the State of Washington govern this EULA. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact Open Automation Software for any reason, please write: Open Automation Software, 5077 Bear Mountain Dr., Evergreen, CO 80439 USA (or by FAX +1-303-496-6700, e-mail to: firstname.lastname@example.org).
8) LIMITED WARRANTY
- LIMITED WARRANTY. Open Automation Software warrants that (a) the SOFTWARE PRODUCT will, for a period of one (1) year from the date of your receipt, perform substantially in accordance with Open Automation Software’s written materials accompanying it, and (b) any Support Services provided by Open Automation Software shall be substantially as described in applicable written materials provided to you by Open Automation Software, and (c) Open Automation Software support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you.
To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to one (1) year.
- CUSTOMER REMEDIES. Open Automation Software’s and its suppliers’ entire liability and your exclusive remedy shall be, at Open Automation Software’s option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet Open Automation Software’s Limited Warranty and which is returned to Open Automation Software. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
- NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN AUTOMATION SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN AUTOMATION SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OPEN AUTOMATION SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OPEN AUTOMATION SOFTWARE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00).
- You may terminate this EULA at any time by destroying all your copies of the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software from your computer and destroy any copies of the Software in your possession.
11) EXPORT RESTRICTIONS
- You may not export, ship, transmit or re-export software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.
12) 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 AUTHORS OR COPYRIGHT HOLDERS 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.
13) ENTIRE AGREEMENT
- This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
By clicking the “I accept the terms in the license agreement” button below, you agree to the terms of this EULA.