Please read and agree the licensing conditions before downloading below:
The Open Advanced Process Control software that is made available (the "Software") is owned by OpenAPC Project Group (the "Vendor"). This Software is protected by copyright laws, and is being made available solely for use by you in accordance with the following terms and conditions. Any use, reproduction or redistribution of the Software that is not in accordance with this Software License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.
SOFTWARE LICENSE AGREEMENT
THE VENDOR IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. This is a legal agreement between you (either an individual end-user or an entity) and the Vendor ("Agreement"). By using this software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, promptly return the software and other items that are part of this product in their original package with your sales receipt to your point of purchase for a full refund, or if you have downloaded this software from the Vendors web site, then you must stop using the software and destroy any copies of the software in your possession or control.
1. Grant of Agreement.
Subject to the terms and conditions of this Agreement, the Vendor and its suppliers grant to you a non-exclusive license to use one licensed copy of the Software and any documentation accompanying this Agreement on one computer. No other rights are granted. The Software is in use if it is loaded on the computer's permanent or temporary memory. For backup purposes only, you may make one copy of the Software. You must include on the backup copy all copyright and other notices included on the Software as supplied by the Vendor. Installation on a network server for the sole purpose of your internal distribution of the Software is permitted only if you have purchased an individual Software license for each networked computer to which the Software is distributed.
The Software may contain copyrighted material, trade secrets, and other proprietary materials of the Vendor and its licensor's. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will:
(I) decompile, disassemble or reverse engineer the Software;
(II) modify or create derivative works of the Software;
(III) transmit the Software, in whole or in part, over the Internet or other network; or
(IV) sell, distribute, rent, lease, sub license or otherwise transfer the Software to a third party; that does not influence your right to sell the Software together with additional equipment that is controlled by this Software
The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and the Vendor reserves all rights not expressly granted to you in this Agreement. The Vendor and/or its licensor's retain title to the Software, and all intellectual property rights therein.
This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Software shall automatically terminate and the Software must be returned to the Vendor or all copies of the Software must be destroyed. You may also terminate this Agreement at any time by destroying all copies of the Software in your possession or control. If the Vendor makes a request via public announcement or press release to stop using the copies of the Software, you will comply immediately with this request. The provisions of paragraphs 3, 7, 8 and 12 will survive any termination of this Agreement.
5. Limited Product Warranty.
The Vendor warrants to you that the Software will substantially conform to its published documentation and the media containing the Software shall be free from defects in material, each for a period of thirty (30) days from the date of purchase. The Vendors limited warranty is non-transferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
The Vendors entire liability and your exclusive remedy for any breach of warranty shall be, at the Vendors option, to:
(a) repair or replace the Software or media, provided that the Software or media is returned to the point of purchase or such other place as the Vendor may direct, with a copy of the sales receipt, or
(b) refund the price paid.
Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days,whichever is longer. These remedies are void if failure of the Software or media has resulted from accident, abuse, or misapplication.
7. DISCLAIMER OF WARRANTY.
THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. THE VENDOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO DEALER, AGENT, OR EMPLOYEE OF THE VENDOR IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE VENDOR OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY VENDORS PRODUCT OR SERVICE, EVEN IF THE VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE VENDOR ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE VENDORS PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
9. Export Law Assurances.
You agree and certify that neither the Software nor any other technical data received from the Vendor will be exported outside the Federal Republic of Germany except as authorized and as permitted by the laws and regulations of the Federal Republic of Germany. If you have rightfully obtained the software outside of the Federal Republic of Germany, you agree that you will not re-export the Software nor any other technical data received from the Vendor, except as permitted by the laws and regulations of the Federal Republic of Germany and the laws and regulations of the jurisdiction in which you obtained the Software.
10. Agents and Third Party Purchasers.
If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this Agreement.
11. General Terms and Conditions.
This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to or application of its choice of law rules or principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. The Vendor may, in its sole discretion, modify portions of this Agreement at any time. The Vendor may notify you of any changes by posting notice of such modifications on the Vendors web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.
12. The Software is protected by Federal Republic of Germany copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THE WEBSITE OF THE VENDOR:
The information provided is for informational purposes only and is subject to change without notice. It is provided "AS IS" and without any warranty. Any risk arising out of the use of the information on this website shall remain with the reader. IN NO EVENT SHALL THE VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, PERFORMANCE OR USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF THE VENDOR HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
LINKS TO OTHER WEB SITES
Links to other web sites are available on the Vendors web site and these links allow you to leave the Vendors web site. The linked sites are not under the control of the Vendor, the Vendor is not responsible for the contents of any linked site or links within a linked site. These links are provided as a convenience only and do not imply any endorsement or recommendation by the Vendor.