IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Inductive Automation. By installing, copying, or otherwise using this Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use this SOFTWARE.
BY DOWNLOADING, INSTALLING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE:
DEFINITIONS
"You" and "Licensee" refers to the person, entity or organization which is using this Software, and any successor or assignee of same. "Inductive Automation" refers to Hechtman Enterprises, Inc. dba Inductive Automation and its successors, or manufacturer and owner of this Software.
AGREEMENT
After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may not use this Software. Unless you have a different license agreement signed by Inductive Automation that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both Customer and Inductive Automation. If you do not wish to agree to the terms of this Agreement, do not install or use this Software.
GRANT OF LICENSE
- Evaluation Copy. You may use this Software without charge on an evaluation basis. In the unregistered version you have these limitations: two hour runtime. You must pay the license fee and register your copy if you wish to use this Software without any limitation.
- Redistribution of Evaluation Copy. If you are using this Software on an evaluation basis you may make copies of the evaluation Software as you wish; give exact copies of the original evaluation Software to anyone; and distribute the evaluation Software in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from Inductive Automation. You must distribute a copy of this EULA with any copy of the Software and anyone to whom you distribute the Software is subject to this EULA.
- Registered Copy. After you have purchased the license for this Software, and have received the serial number enabling the registered copy, you are licensed to copy this Software only into the memory of the number of computers corresponding to the number of licenses purchased. Under no other circumstances may this Software be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may terminate this license at any time by destroying the original and all copies of this Software in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of this Software(including copies of all prior versions if the Software is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
RESTRICTIONS
You may not reverse engineer, de-compile, or disassemble this Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not publish or publicly distribute any serial numbers, access codes, unlock-codes, passwords, or other end-user-specific registration information that would allow a third party to activate this Software without a valid license.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS
The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Inductive Automation may make changes to the Software at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Inductive Automation grants no express or implied right under Inductive Automation patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
GRANT OF LICENSE AND PROHIBITIONS
Title to all copies of the Software remains with Inductive Automation. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, translate, decompile, or disassemble the Software for any purpose. The license may be transferred to another Licensee if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. You may not convert this Software or its parts to a different computer language or environment, either manually, or using an automated conversion tool, such that this Software or any modification thereof will run under any language, Software, or program other than implemented by Inductive Automation. You agree that any modifications made to this Software belong to Inductive Automation and are permitted for your exclusive use during the period of this License Agreement, and may not be transferred, sold or licensed to another entity.
LIMITED WARRANTY.
THE SOFTWARE IS PROVIDED AS IS AND INDUCTIVE AUTOMATION DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION ON CONSEQUENTIAL DAMAGES
NEITHER INDUCTIVE AUTOMATION NOR ANYONE INVOLVED IN THE PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF INDUCTIVE AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL INDUCTIVE AUTOMATION LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL INDUCTIVE AUTOMATION BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SOFTWARE.
TERMINATION
This Agreement is effective until terminated. This Agreement terminates on the date of the first occurrence of either of the following events: (1) The expiration of one month from written notice of termination from Customer to Inductive Automation; or (2) At any time if you violate the terms of this Agreement. Upon termination you shall destroy all copies of the Software, including modified copies, if any. You agree that monetary damages alone is not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that you will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Inductive Automation in the event of a breach of this License. Inductive Automation shall not be required to notify you of any breach, nor make any demand or claim against you resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and you agree that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Inductive Automation to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice Inductive Automation in any later enforcement of its rights or rights to seek damages therefrom.
UPGRADES
If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supercedes any prior Agreements. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. You may not have a previous version and the related upgrade version installed on separate computers at any time.
ENTIRE AGREEMENT
This End-User Agreement is the entire agreement between you and Inductive Automation relating to the Licensed Software, and supercedes all prior written or oral statements, promises, representations and agreements.
GOVERNING LAWThe agreement shall be governed by the laws of the State of California. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Sacramento County, California. The parties hereby consent to the jurisdiction of such courts.
