END USER LICENSE AGREEMENT FOR AUTOMATED SOLUTIONS ASCOMM IoT SOFTWARE

IMPORTANT: READ CAREFULLY

NOTIFICATION OF COPYRIGHT

THIS SOFTWARE PACKAGE ("THE SOFTWARE" and "NON-COMMERCIAL 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.

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 707-578-5882

DEVELOPER EDITION

Developer Edition licenses fall into two categories:

  1. Non-commercial (NON-COMMERCIAL DEVELOPMENT SOFTWARE)
  2. Commercial (COMMERCIAL DEVELOPMENT SOFTWARE)

Refer to RUNTIME LICENSE Sections below to determine whether your application(s) are classified as non-commercial or commercial.

NON-COMMERCIAL DEVELOPMENT LICENSE

NON-COMMERCIAL DEVELOPMENT SOFTWARE is not free. Each copy of NON-COMMERCIAL DEVELOPMENT SOFTWARE must be separately licensed by LICENSOR.

One Development License is required for each development seat; installation on multiple development seats requires multiple Developer 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 NON-COMMERCIAL DEVELOPMENT SOFTWARE on a single development seat. Each development seat must be separately licensed by LICENSOR.

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

You may not sub-license, rent, provide to sub-contractors, or lease NON-COMMERCIAL 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.

COMMERCIAL DEVELOPMENT LICENSE

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

One COMMERCIAL DEVELOPMENT SOFTWARE license is required for each commercial development seat. Installation on multiple commercial development seats requires approval from LICENSOR.

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

Contact Automated Solutions Sales Group (sales@automatedsolutions.com or 707-578-5882) to discuss your commercial licensing requirements.

RUNTIME LICENSE

With your purchase of NON-COMMERCIAL DEVELOPMENT SOFTWARE, LICENSOR grants you the right to use this software to build runtime-free applications as outlined below:

NON-COMMERCIAL USE

The following use cases are considered non-commercial and qualify for runtime-free distribution:

  1. End users that develop applications for deployment within their organization.
  2. System Integrators developing unique custom applications specific to customer requirements.
  3. Applications based on THE SOFTWARE that are an integral component of custom equipment, machines or processes you manufacture, AND, where application software based on THE SOFTWARE is bundled with the equipment and not sold separately.

COMMERCIAL USE

The following use cases are considered commercial applications and DO NOT qualify for runtime-free distribution:

  1. 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.
  2. 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.
  3. Distributing THE SOFTWARE as part of a general purpose and/or configurable commercial application, commercial service, 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.
  4. Developing a product using THE SOFTWARE that competes with THE SOFTWARE in any way.
  5. Applications where multiple copies of the application software based on THE SOFTWARE are sold or distributed for use with a single piece of equipment.
  6. Applications where one or more copies of the application software based on THE SOFTWARE are sold or distributed for use with existing systems.
  7. Applications built utilizing THE SOFTWARE for resale or delivery to the general HMI or automation marketplace.
  8. Commercial service applications (SaaS, cloud, etc.).

Commercial 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. Contact LICENSOR at 707-578-5882 (option 2) to discuss commercial use licensing options.

Non-commercial applications that are distributed with source code can only be sold only with a licensed copy of NON-COMMERCIAL DEVELOPMENT SOFTWARE.

If you are unsure whether your application qualifies for runtime-free distribution, contact LICENSOR at 707-578-5882 (option 2) or send an email to support@automatedsolutions.com.

TECHNICAL SUPPORT / SOFTWARE UPDATES

STANDARD SUPPORT

  1. For a period of thirty (30) days following the purchase of NON-COMMERCIAL DEVELOPMENT SOFTWARE with standard support, LICENSOR will provide email support during LICENSORS normal business hours.
  1. For a period of thirty (30) days following the purchase of NON-COMMERCIAL DEVELOPMENT SOFTWARE with standard support, LICENSOR may at its sole discretion, offer telephone support if an issue cannot be resolved by email
  1. Beyond the initial thirty (30) days, LICENSOR is not obligated to provide maintenance, technical support or product updates to you for THE SOFTWARE or derived works.

SUPPORT SUBSCRIPTION OPTION

  1. For a period of one (1) year following the purchase of NON-COMMERCIAL DEVELOPMENT SOFTWARE with support subscription option, LICENSOR will provide email support during LICENSORS normal business hours.
  1. For a period of one (1) year following the purchase of NON-COMMERCIAL DEVELOPMENT SOFTWARE with support subscription option, LICENSOR offers telephone support during LICENSORS normal business hours.
  1. Beyond the initial one (1) year, LICENSOR is not obligated to provide maintenance, technical support or product updates to you for THE SOFTWARE or derived works.

MACHINE EDITION

Machine Edition software (MACHINE EDITION SOFTWARE) allows you to develop and/or run commercial or non-commercial applications on a single Windows PC.

Applications that are created using MACHINE EDITION SOFTWARE are restricted to Windows Forms, console, service, WPF and Web apps on Windows PCs.

MACHINE EDITION SOFTWARE cannot be used to build apps on the following platforms:

  1. Windows 10 IoT Core
  2. Linux
  3. Xamarain
  4. Universal Windows Platform (UWP) apps on any platform.

MACHINE EDITION SOFTWARE is only available with standard support. Support Subscription Option is not available.

MACHINE LICENSE

Machine licenses are not free. One Machine license must be purchased for each commercial or non-commercial Machine Edition installation.

Applications developed using MACHINE EDITION SOFTWARE may not be deployed to a runtime PC/device without purchasing a license for the runtime PC/device.

TRIAL LICENSE

Machine Edition defaults to free, 30-day trial license by default.

By your use of the trial license 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 edition of THE SOFTWARE. Additional evaluation time may be requested by calling 707-578-5882 (option 2).

TECHNICAL SUPPORT / SOFTWARE UPDATES.

STANDARD SUPPORT

  1. For a period of thirty (30) days following the purchase of MACHINE EDITION SOFTWARE, LICENSOR will provide email support during LICENSORS normal business hours.
  1. For a period of thirty (30) days following the purchase of MACHINE EDITION SOFTWARE, LICENSOR may at its sole discretion, offer telephone support if an issue cannot be resolved by email
  1. Beyond the initial thirty (30) days, LICENSOR is not obligated to provide technical support to LICENSEE for THE SOFTWARE or derived works.

TECHNICAL SUPPORT (ALL EDITIONS)

  1. LICENSOR is not obligated to provide software updates or technical support to your recipients or third parties.
  1. LICENSOR is not obligated to provide on-site support and/or services.
  1. LICENSOR limits included technical support to applications that run on the Windows 10 PC platform. Availability of technical support for non-PC platforms (Windows 10 IoT Core, Android, iOS, Apple, Linux, etc.) is at the sole discretion of LICENSOR. Support for non-PC platforms may require LICENSEE to provide LICENSOR with hardware and associated software to assist in diagnosis.

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 agrees to provide one free replacement activation for each purchased license that is lost due to PC failure. At the discretion of LICENSOR, fees may apply to obtain additional replacement licenses.

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, non-infringement, 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 communications protocol changes. 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 affect the validity or enforceability of the remaining provisions of this agreement. This agreement is governed by the laws of the state of California.