QuickOPC Product Family
END USER LICENSE AGREEMENT
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed for use under the terms of this agreement, not sold. For the purposes of this AGREEMENT, the SOFTWARE PRODUCT consists of the following components:
Which are available for purchase separately or as part of one of the following bundled offerings and editions:
Your specific rights to utilize these components are governed by this AGREEMENT, specifically the GRANT OF LICENSE section, which describes your rights for the product license(s) you have purchased.
This agreement constitutes the complete agreement between you and CODE Consulting and Development, s.r.o., Bolevecka naves 27, Plzen, Czech Republic (hereinafter "DEVELOPER"). If you do not agree to the terms of this AGREEMENT, do not continue with the installation of this software. Promptly contact the place where you obtained the software from to obtain clarification before installing or to obtain authorization for and instructions to obtain a full refund.
GRANT OF LICENSE
This AGREEMENT grants you the following rights based on which product or bundle you purchased a license for. Although the software installation you are provided may be used to install multiple products, you are ONLY LICENSED to use those items for which you have purchased a license.
The rights granted for each item are listed below. Please consult your product delivery receipt and/or invoice for the part number for the item(s) you have licensed so that you can clearly understand your rights. If at any time you have questions about the rights granted by this license, you are encouraged to contact us on firstname.lastname@example.org with your questions.
Site License - you have the rights to install the SOFTWARE PRODUCT for DEVELOPMENT and RUNTIME purposes at a SINGLE PHYSICAL FACILITY ONLY.
ISV/OEM License – you have the rights to install the SOFTWARE PRODUCT for DEVELOPMENT purposes on any number of computers. You may distribute applications built using these components, including off-the-shelf packaged software applications (known as ISV/OEM), along with the runtime portions of these components without payment of additional license fees under the following conditions:
RESERVED RIGHTS: Any and all rights not specifically granted above are reserved by the DEVELOPER. You should contact the DEVELOPER via email@example.com to request a written clarification if you have a usage case for the SOFTWARE PRODUCT that is not explicitly covered by the GRANT OF LICENSE for your purchased license(s).
BACK-UP COPIES: You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Usage rights of the SOFTWARE PRODUCT may be constrained to use on a SINGLE COMPUTER. Please refer to the GRANT OF LICENSE section for your particular part number or item for your specific rights relative to the number of computers on which you may install and use the SOFTWARE PRODUCT.
You may not rent or lease the SOFTWARE PRODUCT.
You, as the original licensee may permanently transfer all of your rights under this AGREEMENT, provided you notify DEVELOPER that the license is being transferred to another user, you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this AGREEMENT and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
DEVELOPER’s initial free support period is 30 days from the purchase date of your license(s) for the SOFTWARE PRODUCT. DEVELOPER provides unlimited e-mail support for the SOFTWARE PRODUCT whether a demo or registered license in the first 30 days after purchase. DEVELOPER will provide free phone support during the initial 30 days to the licensed and registered user provided the applicable license fees for use of the SOFTWARE PRODUCT have been paid. DEVELOPER will provide email and phone support beyond the initial 30 day period as stipulated in the separate Maintenance & Support Agreement, and provided applicable maintenance or support fees have been paid to DEVELOPER. All corrections and maintenance releases will be made available through DEVELOPER’s Internet site. All major product releases of the SOFTWARE PRODUCT are subject to upgrade fees. At no time will on-site support be provided without advance payment to DEVELOPER for a minimum of two days on-site engineering support services, plus all expenses.
Support is transferable with the SOFTWARE PRODUCT under this AGREEMENT provided that the original licensee has not received any prior product support. If the original licensee has obtained and utilized technical support, purchase of a support agreement or pay by the incident technical support services may be required.
Without prejudice to any other rights, DEVELOPER may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
If in the future you obtain
upgraded versions of the SOFTWARE PRODUCT (“UPGRADES”) under the terms of this
AGREEMENT or as entitled to under a separate Maintenance & Support Agreement,
the UPGRADES are to be used on the same computer as the originally licensed
software. Receipt of UPGRADES does not
entitle you to additional licenses of the SOFTWARE PRODUCT to be used on
separate computers. The original
license and the UPGRADES are not-separable. If you transfer the license of your
original license to another computer, you must transfer the UPGRADES with the
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by DEVELOPER or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this AGREEMENT are reserved by DEVELOPER.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship.
Your sole and exclusive remedy for any breach of representation or warranty is that Licensor, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above).
EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will meet your requirements.
LIMITATIONS OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Restrictions on redistribution of the SOFTWARE PRODUCT to prohibited parties.
You may not redistribute any part of the SOFTWARE PRODUCT to any entity that is on the United States Treasury Department Specially Designated Nationals and Blocked Persons List, the United States Department of Commerce’s Bureau of Industry and Security (BIS) Unverified List, Denied Persons List, or EAR Part 744, Supplement 4 Entity List or for applications that are listed in EAR Part 744, Supplement 4. You are solely responsible for assuring your compliance with these requirements.
This Agreement is governed by the laws of the State of North Carolina, United States of America. The validity of the Vienna United Nations Convention on Contracts for the International Sale of Goods (April 11, 1980) is excluded.