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Implementation of the OPC UA Information Model for Analyzers (ADI)

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File	Implementation of the OPC UA Information Model for Analyzers 1.00.pdf
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END USER LICENSE AGREEMENT OPC MATERIALS (NON-MEMBERS) IMPORTANT NOTICE --- READ CAREFULLY THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS NON-MEMBER OF THE OPC FOUNDATION (THE “LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A SET OF SPECIFICATIONS INTENDED TO FOSTER GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL APPLICATIONS, FIELD SYSTEMS/DEVICES, AND BUSINESS/ OFFICE APPLICATIONS IN THE PROCESS CONTROL INDUSTRY. THE OPC FOUNDATION’S SPECIFICATIONS DEFINE STANDARD INTERFACES, OBJECTS, METHODS, AND PROPERTIES FOR SERVERS OF REAL-TIME INFORMATION LIKE DISTRIBUTED PROCESS SYSTEMS, PROGRAMMABLE LOGIC CONTROLLERS, SMART FIELD DEVICES AND ANALYZERS. OPC FOUNDATION DISTRIBUTES SPECIFICATIONS, PROTOTYPE SOFTWARE EXAMPLES, BINARIES, DOCUMENTATION FILES, SOFTWARE, SOFTWARE CODE SAMPLES, SOFTWARE TOOLS, LIBRARIES, UTILITIES, PRINTED MATERIALS, DOCUMENTATION, SPECIFICATIONS, STANDARDS AND/OR RELATED DOCUMENTATION (COLLECTIVELY, THE "OPC MATERIALS") TO CERTAIN NON-MEMBERS AS PART OF WORKING GROUPS IN ORDER TO FACILITATE THE DEVELOPMENT OF OPC COMPLIANT APPLICATIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE OPC MATERIALS. ALL USE OF THE OPC MATERIALS PROVIDED BY OPC FOUNDATION AND/OR BY ANY REPRESENTATIVE OR AGENT ON OPC FOUNDATION’S BEHALF ARE, AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. 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In other words, while Licensee may use OPC Foundation’s software to enhance Licensee’s applications and to ensure compliance with the various OPC specifications, Licensee is prohibited from gaining commercially from the OPC software itself as a stand-alone module or platform. 2. PROPRIETARY RIGHTS; NON-DISCLOSURE. a) The OPC Materials are not for sale and shall remain the sole property of OPC Foundation and its licensors. All intellectual property rights (including, without limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned or controlled solely by OPC Foundation and its licensors. The OPC Materials are owned only by OPC Foundation or its licensors and are protected by United States copyright, patent, trade secret and other laws and international treaty provisions. 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IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250.00). THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT. This limitation applies to anything related to the OPC Materials, services, content (including software code) on third party Internet sites, or third party programs. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages. 5. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled as follows: Both parties shall for not more than 30 days first attempt in good faith to promptly resolve the dispute by negotiations between their respective authorized representatives. If such dispute cannot be so resolved, either party may seek final and binding arbitration (“Arbitration”) by a single arbitrator administered by the American Arbitration Association in accordance with its International Arbitration Rules (the “Rules”) in force when the notice of Arbitration is submitted in accordance with the Rules. Any Arbitration hearing shall be held in Cleveland, Ohio, United States of America in the English language. Judgment on any such Arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any such Arbitration or related legal proceeding shall receive its reasonable attorneys’ fees and legal costs thereby incurred in addition to any other relief that may be granted. 6. ASSIGNABILITY. This Agreement shall inure to the benefit of OPC Foundation, its successors and assigns, but will be personal to Licensee, and shall be assignable by Licensee only with the prior written consent of OPC Foundation. 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TERM/TERMINATION a) This Agreement and the license granted may be terminated, in whole or in part, by OPC Foundation upon the happening of one or more of the following events: (i) if Licensee or Licensee’s company is no longer an Active Participant with an OPC Foundation Working Group; (ii) if Licensee materially breaches the terms of this Agreement; (iii) if Licensee’s company is adjudicated bankrupt and a receiver or trustee is appointed for Licensee’s company or if an assignment is made for the benefit of creditors; or (iv) if Licensee fails to notify OPC Foundation of any sale or transfer of ownership of, or any change in the legal status of Licensee’s company that would in any way affect this license or OPC Foundation’s rights in the OPC Materials. b) This Agreement shall automatically terminate upon the happening or one or more of the following events: (i) by Licensee’s ceasing all use of the OPC Materials or (ii) by Licensee’s obtaining a superseding version of the OPC Materials and accepting a superseding License Agreement thereto. c) Upon the expiration or termination of this Agreement: (i) the license granted to Licensee in this Agreement shall expire and Licensee, upon termination, shall discontinue all further use of the Software; (ii) Licensee shall immediately cease all use of the OPC Materials; (iii) Licensee shall erase/delete any of the foregoing held by Licensee in electronic form; and (iv) Licensee shall take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession. Licensee shall certify to OPC Foundation in writing that Licensee has complied with the requirements of this Section. d) Sections 2, 3, 4, 5, 7 (c) and (d), 8 and 9 shall survive any termination of this Agreement. 8. EXPORT RESTRICTIONS. The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limitation, those of the United States. Licensee agrees to fully comply with all such export/import laws as are set forth herein and any update made thereto from time to time. Licensee agrees to indemnify, defend, and hold OPC Foundation, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from Licensee’s failure to comply with these requirements. 9. GENERAL. Neither party is deemed an agent of the other. 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