END USER LICENSE AGREEMENT FOR AUTOMATED SOLUTIONS ASComm.NET SOFTWARE.

END USER LICENSE AGREEMENT FOR AUTOMATED SOLUTIONS ASComm.NET SOFTWARE.

IMPORTANT: READ CAREFULLY

NOTIFICATION OF COPYRIGHT

THIS SOFTWARE PACKAGE ("THE SOFTWARE" and "THE DEVELOPMENT SOFTWARE") IS A PROPRIETARY PRODUCT OF AUTOMATED SOLUTIONS, INC. AND IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATY. YOU MUST TREAT THE SOFTWARE LIKE ANY OTHER COPYRIGHTED MATERIAL, EXCEPT THAT YOU MAY EITHER MAKE ONE COPY OF THE SOFTWARE SOLELY FOR BACKUP OR ARCHIVAL PURPOSES, OR YOU MAY PLACE THE SOFTWARE ON A SINGLE HARD DISK, PROVIDED THAT YOU KEEP THE ORIGINAL SOFTWARE SOLELY FOR BACKUP OR ARCHIVAL PURPOSES. COPYRIGHT LAWS PROHIBIT MAKING ADDITIONAL COPIES OF THE SOFTWARE FOR ANY OTHER REASONS. YOU MAY NOT COPY THE WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE.

SOFTWARE LICENSE AGREEMENT

READ THIS LICENSE AGREEMENT BEFORE INSTALLING THE SOFTWARE. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND AUTOMATED SOLUTIONS, INC ("LICENSOR") GOVERNING THE USE OF THIS SOFTWARE. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT SHALL ALSO BE BINDING ON ANY SUBSEQUENT, AUTHORIZED LICENSEE.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, CONTACT AUTOMATED SOLUTIONS, INC., ATTENTION DIRECTOR OF ENGINEERING, 1415 FULTON RD. #205-A12, SANTA ROSA, CA 95403, OR CALL (707) 575-9631.

DEVELOPMENT LICENSE

THE DEVELOPMENT SOFTWARE is not free. Each copy of THE DEVELOPMENT SOFTWARE must be separately licensed by LICENSOR.

THE DEVELOPMENT SOFTWARE may be licensed in one of two ways:

1. Single Machine License

2. Full Development License

In both cases, one Development License is required for each development seat; installation on multiple development seats requires multiple Development License purchases from LICENSOR. Discounted multi-user, site, or enterprise licenses may be obtained separately through LICENSOR.

With each Development License purchase from LICENSOR, LICENSOR grants you the right to use one copy of THE DEVELOPMENT SOFTWARE on a single development seat. Each development seat must be separately licensed by LICENSOR.

You may not use THE DEVELOPMENT SOFTWARE in a 'floating license' arrangement unless a site or enterprise license has been purchased from LICENSOR. Floating license refers to installation on multiple PCs exceeding the number of purchased licenses.

You may not sub-license, rent, provide to sub-contractors, or lease THE DEVELOPMENT SOFTWARE.

LICENSOR further grants you the right to make a backup/archival copy of THE SOFTWARE setup file as set forth in the notification of copyright above. You may not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use THE SOFTWARE except as stated in this agreement.

RUNTIME LICENSE

1. Single Machine License

With your purchase of a Single Machine License, LICENSOR grants you the right to use one copy of THE SOFTWARE on a single PC. Each PC must be separately licensed by LICENSOR.

2. Full Development License

With your purchase of a Full Development License, LICENSOR grants you the right to use this software to build runtime-free applications as outlined below:

The following situations qualify for runtime-free distribution:

a. End users that develop applications for deployment within their organization.

b. System Integrators developing applications specific to customer requirements.

c. Machine Builders and OEMs developing applications that are dedicated to operation of their equipment, AND, where application software based on THE SOFTWARE is bundled with the equipment or sold in a single application software to single machine scenario.

The following situations DO NOT qualify for runtime-free distribution:

a. Wrapping THE SOFTWARE into a custom control, component, module, plug-in, shared library, loadable module, or dynamic link library, for commercial distribution, whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.

b. Wrapping THE SOFTWARE into a custom control, component, assembly, module, plug-in, shared library, loadable module, or dynamic link library, for use by developers who have not purchased a development license from LICENSOR, within or outside of your organization, regardless of whether payment, profit or financial gain is sought directly or indirectly and regardless of whether payment or gain is actually realized.

c. Distributing THE SOFTWARE as part of a general purpose HMI application, OPC Data Access Server, I/O Server, custom control, component, assembly, module, plug-in, shared library, loadable module, or dynamic link library in a commercial application.

d. Developing a product using THE SOFTWARE that competes with THE SOFTWARE in any way.

e. Certain OEM applications where multiple copies of the application software based on THE SOFTWARE are sold with a single piece of equipment.

f. Applications built utilizing THE SOFTWARE for resale or delivery to the general HMI or automation marketplace.

Applications built using THE SOFTWARE that do not qualify for runtime-free distribution are subject to royalties and may not be distributed without written permission from LICENSOR.

Applications that are distributed with source code can only be sold only with a licensed copy of THE DEVELOPMENT SOFTWARE.

If you are unsure whether your application qualifies for runtime-free distribution, contact LICENSOR at 707-575-9631 or support@automatedsolutions.com

TRIAL VERSION

By your use of the trial version of THE SOFTWARE you understand and agree that approximately after 30 days from installation of THE SOFTWARE, you may not be able to continue to access and/or use THE SOFTWARE or any data you have entered into THE SOFTWARE unless you purchase the right to use the appropriate full version of THE SOFTWARE. Additional evaluation time may be requested by calling 707- 575-9631.

REFUNDS

This software purchase is non-refundable. Fully functioning 30-day trial versions of this software can be freely downloaded from LICENSOR'S website. The trial version is intended to allow you to evaluate the capabilities of this software, determine whether this software meets your requirements, and to confirm reliability over a reasonable period of time.

For warranty claims, refer to section titled 'LIMITED WARRANTY/LIMITATIONS OF REMEDIES'.

TERMINATION

If you materially breach this License Agreement, we may terminate your right to use THE SOFTWARE by notice to you. You agree that, upon termination of the License, you will either return to us or destroy all copies of THE SOFTWARE in your possession.

EXPORT RESTRICTIONS

You agree that you will not export or re-export THE SOFTWARE to any country, person, entity or end user subject to U.S.A. export restrictions.
Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

LIMITED WARRANTY/LIMITATIONS OF REMEDIES

LICENSOR will replace, at no charge, defective media that is returned within 90 days of the original date of purchase.

LICENSOR warrants that THE SOFTWARE will perform in substantial compliance with the written materials accompanying THE SOFTWARE. If you report, in writing, a significant defect to LICENSOR and LICENSOR is able to recreate the problem in a test environment but is unable to correct it within 90 days of the date you report the defect, you may return THE SOFTWARE and the accompanying materials, and LICENSOR will refund the purchase price minus shipping charges.

SUCH WARRANTIES ARE IN LIEU OF OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF LICENSOR OR AN AUTHORIZED LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. LICENSOR WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.

This limited warranty gives you specific legal rights. Some states provide other rights, and some states do not allow excluding or limiting implied warranties or limiting liability for accidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you. Furthermore, some jurisdictions have statutory consumer provisions, which may supersede this section of agreement.

If any provisions of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not effect the validity or enforceability of the remaining provisions of this agreement. This agreement is governed by the laws of the state of California.