OPC DATA.NET COMPONENTS AND OPC WEB CLIENT VERSION 3.X
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:
- OPCData.NET ActiveX and .NET assembly OPC client components
- OPC Web Client
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 Software Toolbox Inc (hereinafter "TOOLBOX"). If you do not agree to the terms of this agreement, do not open the Disk Package. Promptly return the unopened disk package and the other items (including Written Materials, Binder, or other containers) that are part of this product, to the place where you obtained them for a full refund.
GRANT OF LICENSE.
This AGREEMENT grants you the following rights based on which product you purchased. Although this software installation set may be used to install multiple items, you are ONLY LICENSED to use those items for which you have purchased a license. The rights granted for each item are listed below:
Item #41283301 - OPCData.NET Components - Single PC Usage License – You have the right to install the OPCData.NET portion of the SOFTWARE PRODUCT and use it on a SINGLE PC ONLY for development and runtime purposes. You may not distribute applications built with these components to other PCs unless you purchase additional licenses of this same item or purchase the “Item #41283302 - OPCData.NET Components - Single Developer + Runtime Free License”. This license does not grant you any rights to utilize the OPC Web Service portion of the SOFTWARE PRODUCT.
Item #41283302 - OPCData.NET Components - Single Developer + Runtime Free License – you have the rights to install the OPCData.NET portion of the SOFTWARE PRODUCT for DEVELOPMENT purposes on a SINGLE PC ONLY. If you will be installing the OPCData.NETportion of the SOFTWARE PRODUCT for DEVELOPMENT on more than one PC, you need to purchase “Item #41283303 - OPCData.NET Components - Additional Developers License” for each PC you wish to install the DEVELOPMENT license on. This license does not grant you any rights to utilize the OPC Web Service portion of the SOFTWARE PRODUCT. You may distribute applications built using these components along with the runtime portions of these components without payment of additional license fees under the following conditions:
- You do not expose the DEVELOPMENT capabilities of these components to your end users
- You are writing a custom application for use in your facility, as an operator interface on machinery that you are building and selling bundled with the software, or you are a system integrator creating custom software applications for your customers and you are NOT providing source code or development capabilities for your applications to your customer.
- You are not selling an off-the-shelf packaged software application. OEM licenses are available for this use case – please contact Software Toolbox Inc.
Item #41283303 - OPCData.NET Components - Additional Developers License – you have the rights to install the OPCData.NET portion of the SOFTWARE PRODUCT for DEVELOPMENT purposes on a SINGLE PC ONLY. If you will be installing the OPCData.NET portion of the SOFTWARE PRODUCT for DEVELOPMENT on more than one PC, you need to purchase “Item #41283303 - OPCData.NET Components - Additional Developers License” for each PC you wish to install the DEVELOPMENT license on. This item grants you NO RUNTIME DISTRIBUTION RIGHTS. You must first own a license of “Item #41283301 - OPCData.NET Components - Single PC Usage License” or “Item #41283302 - OPCData.NET Components - Single Developer + Runtime Free License” before you may purchase this item. This license does not grant you any rights to utilize the OPC Web Service portion of the SOFTWARE PRODUCT.
Item #41283304 or 41283305 or 41283306 – OPC Web Service - Single PC License – you have the rights to install ONLY the OPC Web Service portion of SOFTWARE PRODUCT on a SINGLE PC.
Item #41283307 – OPC Web Client. Your rights granted when you purchase this item are described above under “Item #41283302 - OPCData.NET Components - Single Developer + Runtime Free License” and “Item #41283304 or 41283305 or 41283306 – OPC Web Service - Single PC License”. No other rights are granted with this license.
RESERVED RIGHTS: Any and all rights not specifically granted above are reserved by Software Toolbox Inc. You should contact Software Toolbox Inc. to request a written clarification if you have a usage case for the SOFTWARE PRODUCT that is not explicitly covered by the GRANT OF LICENSE for your purchased license(s).
BACK-UP COPIES: You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Single COMPUTER.
Usage rights of the SOFTWARE PRODUCT may be constrained to use on a SINGLE COMPUTER. Please refer to the GRANT OF LICENSE section for your particular part number or item for your specific rights relative to the number of computers on which you may install and use the SOFTWARE PRODUCT.
Rental.
You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer.
You, as the original licensee may permanently transfer all of your rights under this AGREEMENT, provided you notify TOOLBOX that the license is being transferred to another user, you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this AGREEMENT and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Support Transfer.
Support is transferable with the SOFTWARE PRODUCT under this AGREEMENT provided that the original licensee has not received any prior product support. If the original licensee has obtained and utilized technical support, purchase of a support agreement or pay by the incident technical support services may be required.
Termination.
Without prejudice to any other rights, TOOLBOX may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
UPGRADES.
If the SOFTWARE PRODUCT is an upgrade from another product, whether from TOOLBOX or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a TOOLBOX product, you now may use that upgraded product only in accordance with this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs which you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by TOOLBOX 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 TOOLBOX.
DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
LIMITED WARRANTY
The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship.
Your sole and exclusive remedy for any breach of representation or warranty is that Licensor, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above).
EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
CERTAIN LIMITATIONS
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will meet your requirements.
LIMITATIONS OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Miscellaneous
This Agreement is governed by the laws of the State of North Carolina, United States of America
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