Software Toolbox Opc Quick Client Download
1 SUBJECT MATTER OF AGREEMENT SUBJECT MATTER OF AGREEMENT between you (“LICENSEE“) and Softing Industrial Automation GmbH (“SOFTING“) is the computer program stored on a data carrier and the corresponding program documentation. (Hereinafter referred to as “SOFTWARE“.) SOFTING points out that it is not possible, at the state of the art, to produce computer programs with high complexity which work free of errors in all applications and combinations. 2 PROPERTY RIGHTS, RIGHTS OF USE With the purchase of the product the LICENSEE acquires only property of the medium on which the SOFTWARE is stored. As soon as we have received the full payment of the invoice, SOFTING grants the non-exclusive right to use the SOFTWARE only on a single computer and only at one place. The LICENSEE may transfer the SOFTWARE from one computer to another at any time, provided that the use of the SOFTWARE on the original computer was terminated.
If the single computer is a multi-user system, the SOFTWARE can be used by all users of this system. If software of third parties is included into the SUBJECT MATTER (“Third Party Software“ the license agreement of these third parties which is attached to the Third Party Software applies with priority. All rights not specifically granted above are retained by SOFTING, especially all ownership rights in and to the SOFTWARE and any copies thereof as well as all rights to publish, to copy, to adapt and to exploit. All rights on design, knowhow and working methods, which are used by Softing remain with SOFTING. 3 SPECIAL RESTRICTIONS The LICENSEE agrees without the prior written consent of SOFTING not a) to change, to compile, to reverse develop, to decompile, to disassemble the SOFTWARE, to produce derived products. B) to loan, rent, sub-license, grant any rights or otherwise transfer the SOFTWARE in any form. However, the first acquirer may make a one-time permanent transfer of the rights to use the SOFTWARE only direct to an end user.
NET HMI • Vertical industry-specific suites (see SPECIFICATIONS sheet for details) TOP Server brings you the best–in– class driver and OPC technology of Kepware combined with Software Toolbox’s best–in–class technical support and value-added software.
The transferee of such one-time transfer must agree to comply with the terms of this license agreement, including the obligation not to further transfer the right to use. C) to remove any proprietary, originator or copyright notices, labels or marks on the SOFTWARE or the documentation.
D) to use the SOFTWARE in planes, in applications for the planning, construction, production or delivery of planes or parts thereof, in application in nuclear power plants, for navigation, for the production of weapons, in medical applications which may lead to personal injury, in applications, which might cause damages to water or in facilities which require official approval or are notifiable according to conservation regulations. 4 REPRODUCTION The SOFTWARE and all associated documentation are protected by the copyright law. The LICENSEE may duplicate/copy the SOFTWARE only as far as this is necessary for the intended use of the SOFTWARE (e.g. Installation of the SOFTWARE and loading into the memory) and/or for the production of a backup copy. Other duplications, including printing the program code and copying the documentation, are only allowed with the prior written consent of SOFTING. On all complete or partial reproductions of the SOFTWARE (including data medium), the LICENSEE shall attach the copyright notice and all other remarks concerning commercial protection rights in the same manner as these are contained in the original version of the SOFTWARE.
5 RECORDS The LICENSEE is obligated to maintain accurate records which document the SOFTWARE including the current version, the place where it is installed or located and the number of produced copies. The LICENSEE will submit the record to SOFTING on request. 6 TERM OF AGREEMENT The rights to use the SOFTWARE are granted for an indefinite term. The LICENSE and the LICENSEE's right to use the SOFTWARE are automatically terminated if the LICENSEE fails to comply with any provision of this agreement.
In this case, SOFTING will terminate this agreement by written notice. Then the LICENSEE is obligated to destroy all copies of the SOFTWARE being in his possession, including all documentation, data carriers and copies thereof. 7 CLAIMS IN CASE OF DEFECTS 7.1 The contract subject matter is free of defects, if at the moment of transfer of risk it shows the composition described in the product or performance description and is free of defects in title.