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END USER LICENSE AGREEMENT
FOR AUTOMATED SOLUTIONS OPC SERVER SOFTWARE

IMPORTANT: READ CAREFULLY

 

NOTIFICATION OF COPYRIGHT

THIS SOFTWARE PACKAGE ("THE 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.

THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND AUTOMATED SOLUTIONS, INC., AND IT SUPERSEDES ANY PRIOR AGREEMENT, PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, CONTACT AUTOMATED SOLUTIONS, INC., ATTENTION DIRECTOR OF ENGINEERING, 1415 FULTON RD. STE 205-412, SANTA ROSA, CA 95403, OR CALL

GRANT OF LICENSE

This software is licensed for use on a single PC. With your purchase of one PC license, Automated Solutions grants you the right to use one copy of the Software on a single user computer, or on a single node or workstation of a multi-user computer or local area network. Each workstation or node on a multi-user computer and/or local area network must be separately licensed by Automated Solutions. Multi-user "Site" or "Enterprise" licenses may be obtained separately through Automated Solutions.

You may not decompile, disassemble, reverse engineer, copy, transfer, tamper with licensing, or otherwise use this software except as stated in this agreement.

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

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

LICENSE REPLACEMENT

With each machine license purchase, Automated Solutions will replace, at no charge, one license activation for the following reasons:

Any license activation replacement requests beyond initial replacement will be subject to fees up to 100% of original purchase price.

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

Automated Solutions, Inc. expressly disclaims any warranty for THE SOFTWARE. THE SOFTWARE is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Automated Solutions, Inc. does not warrant or assume responsibility for compatibility issues that arise between THE SOFTWARE and target devices due to target device hardware modifications, firmware revisions, and communcations protocol changes. Automated Solutions, Inc. does not warrant or assume responsibility for compatibility or stability of the software on any platform other than Microsoft Windows versions currently supported by Microsoft. Automated Solutions, Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within THE SOFTWARE. Automated Solutions, Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.

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.