Software License Agreement
Release October 2017
IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE.
By downloading or using the software, you, as the licensee, are entering into an agreement with Advosol Inc. (“Advosol”), as the licencor, the terms of which are set forth down below. If you do not agree to the terms of this agreement, then don't install the software, destroy all copies of the setup files.
With this agreement, Advosol Inc. grants you a non-exclusive license to use the enclosed software and accompanying documentation (software) according the type of license purchased:
- The Single-Instance License is a non-transferable license that grants the non-exclusive right to use the software as a single process on one computer.
- The Bundling License grants the non-exclusive right to distribute the software in binary form as part of the licensee's products. There is no limit on the number of distributed copies.
- The Personal License is a personal, non-transferable license that grants one software developer the non-exclusive right to use the software on his computers. The license cannot be transferred to another developer and may not be taken by the developer to another employer.
- The Single Developer License grants a single developer the non-exclusive right to use the software on computers within a single software development site owned by the licensee. The license can be transferred on a permanent basis to another developer within the same organization. There cannot be not more than one license transfer per month.
- The Site License grants multiple developers the non-exclusive right to use the software on computers within a single software development site owned by the licensee.
- The Source License grants the same rights as the Site License. Access to the source code has to be restricted to the persons that actually need it and are informed about the license terms. Precautions have to be taken to prevent the software from being illegally copied or used.
The source code may be used only as a whole, for the intended purpose of the product. Parts of the source code may not be used for other purposes.
For some products Source Code is offered as an add-on product. In this case the source code licensee must own a license of the current version of the base product. For some products there is a Site License with Source Code. In this case the Site license and Source license apply.
Products for OPC UA include the OPC Foundation UA Stack software. This is Open Source software under a Dual license, the OPC Foundation RCL license for OPC Foundation corporate members and GPL V2 for others. Licensees of Advosol products that include the UA Stack code must accept the OPC Foundation license terms.
- Trial and Evaluation versions of the software, or license key based software without the license file may be used only for evaluation and testing purposes. It is not allowed to use such software in any commercial applications. Applications develop with the evaluation version software may not be distributed.
The software may be integrated into your application software and may be distributed only as an integral part of your application, only in binary form, and only for purposes other than software development. Such distribution of the software is free of additional royalty or license fees. It is strictly forbidden to distribute the documentation or any part of the software in source form.
You may NOT decompile, disassemble, modify, decrypt, extract or otherwise reverse engineer the software product parts not supplied in source form.
This license does not grant you the right to sublicense, rent, assign or lease the software, in whole or in part.
The license is not transferable. However, on request Advosol may grant an exception and allow the transfer of a license, provided the new licensee agrees to the terms of this license agreement. If a license transfer request is granted then the rights and obligations of this license agreement are permanently transferred to the new licensee. The previous licensee must destroy all copies of the software (most recent version and all earlier versions) and all accompanying written materials.
The software product, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.\
Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain license to export, re-export, or import the software product. The software product may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013 (c) (1) (ii) and FAR 52.227-119 (c) (2) as applicable. Any other form of transfer or use of the software which exceeds the scope of this license as described is prohibited.
Advosol Inc. is sole owner of the industrial property rights and copyright of the software product or has the respective distribution rights. References made in or on the software to the copyright or to other industrial property rights must not be altered, deleted or obliterated in any manner.
Advosol Inc. guarantees that the media containing the software will be free from defects in material and workmanship, and that the software, if operated as directed, will perform substantially in accordance with the user documentation supplied.
The warranty covers a period of sixty (60) days from the date on which the license to use the software was purchased. Should a fault arise in the software, Advosol's sole obligation and liability for any breach of this warranty shall be to repair or correct the defective medium or to replace it. If a serious fault in the software, of which you have informed Advosol Inc., cannot be remedied within a period of ninety (90) days, you have the right either to rescind this agreement and to be refunded the purchase price paid by you for the license upon returning the software together with a copy of your receipt, or to claim a reduction in the license fee. Any further warranty claims shall be excluded. Advosol Inc. also accepts no liability if the failure of the software has resulted from accident, abuse, or improper use. Any replacement software shall be covered by this limited warranty for the period remaining under the warranty that covered the original software or for thirty (30) days, whichever is longer.
Updates and Maintenance Subscriptions
Most offered licenses include a support/updates subscription forninety (90) days. During the subscription period, technical support via email or telephone is provided at no cost and newly released product versions can be downloaded. Support is restricted to product usage issues. Application support is available on a fee base.
Subscription Renewals can be purchased to extend the subscription for a twelve (12) month period form the subscription expiration date, independent of the purchase date. Multiple renewals can be purchased for a longer extension. If renewals are purchased together with the related license that includes a subscription then the periods are cumulative, resulting in a subscription for typically 15 month.
Limitation of Liability
Under no circumstances shall Advosol Inc. be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, work stoppage, loss of data or other financial loss) arising from the use of, or inability to use, this software. Any other claims for damages made against Advosol Inc. shall be limited to the fee paid by the licensee for this license to use this software. This exclusion of liability does not apply to damages caused intentionally or by gross negligence on the part of Advosol Inc. Claims made under the terms of product liability remain unaffected.
Advosol Inc. reserves the right to terminate this agreement immediately for good cause, whereby good cause is understood as any gross breach of this agreement. You can terminate the agreement anytime by deleting all copies of the software.
The invalidity of any provision of this agreement shall not affect any other part of this agreement. This agreement represents the complete and exclusive statement concerning this license between the parties. No modification or amendment of this agreement will be binding on any party unless acknowledged in writing by their duly authorized representatives. This agreement shall be governed and construed by the laws of the United States of America.