The license agreement of software products from mySCADA Technologies s.r.o. enables to use of one copy of the software on one computer. For each copy of the software, you must purchase an additional license.
IMPORTANT-READ THIS AGREEMENT CAREFULLY
This End-User License Agreement (“EULA”) is a legal contract between you (either an individual or a single entity) (“You or Licensee”) and mySCADA s.r.o. (“mySCADA”) for the software product or products that mySCADA s.r.o. licenses to You, which includes computer software and may include associated media (“Software”). mySCADA s.r.o. may also license to You printed materials, and “online” or electronic documentation (“Documentation”). An amendment or addendum to this EULA may accompany the Software. mySCADA s.r.o. IS WILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH ALL ACCOMPANYING ITEMS TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
This Software is licensed to You — not sold. Your rights to use the Software are only those rights specified in this EULA.
GRANT OF LICENSE
Provided You comply with all the terms and conditions of this EULA, mySCADA s.r.o. and its third-party licensors grant You a non-exclusive license to install and use the Software on a single computer, a network server, or on multiple computers owned or leased by the Licensee provided the number of installations and users is not greater than the number of valid software purchases.
If the Software You have acquired is licensed to You based upon a capacity measurement, including but not limited to a specific number of users, units, assets, active tags, or screens, You agree not to take any actions to exceed this capacity. If You desire additional capacity for your Software, You agree to purchase such additional capacity only from mySCADA s.r.o. or its authorized distributors and resellers.
This License does not grant You the right to provide or utilize the Software as an application service provider or the like. Any attempted sublicense, rental, sale, lease, transfer, or commercial hosting of the Software is prohibited. If the Software requires a software activation process You agree to follow this activation process as part of the license to You under this EULA.
If this Software is an upgrade or update to a previous version of a mySCADA s.r.o. product, You may not transfer the prior version to another user. This EULA supersedes any prior license with respect to Your use of the Software.
The Software and Documentation are copyrighted. Unauthorized copying, reverse assembly, reverse engineering, decompilation, and creating derivative works based on the Software are prohibited. You may make a copy of the Software provided that any such copy is only for archival purposes to internally back-up the Software. You may not make any other copies of the Software. You may not copy the Documentation.
The Software is warranted for 30 days after its initial delivery to You that it will substantially conform with its Documentation supplied by mySCADA s.r.o. at the time of initial delivery of the Software. Defective media will be replaced without charge if returned during the warranty period. This warranty shall be void if You attempt to modify the Software in any way. mySCADA s.r.o. makes no representation or warranty, express or implied, that the operation of the Software will be uninterrupted or error-free, or that the functions contained in the Software will meet or satisfy Your intended use or requirements; You assume complete responsibility for decisions made or actions taken based on information obtained using the Software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND mySCADA s.r.o. DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY UNDER UCITA.
SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.
LIMITATION OF REMEDIES
mySCADA s.r.o. entire liability and Your exclusive remedy for breach of the Limited Warranty shall be:
The replacement of the Software not meeting the Limited Warranty specified above which is returned with proof of purchase; or
If mySCADA s.r.o. is unable to deliver replacement Software which meets the Limited Warranty specified above, You may terminate this EULA by returning or destroying the Software as provided herein, and mySCADA s.r.o. or its reseller will refund Your purchase price.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL mySCADA s.r.o. OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOST SAVINGS, FOR LOSS OF PRIVACY, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF mySCADA s.r.o. OR ITS RESELLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. mySCADA s.r.o. MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL CLAIMS AND LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES AND OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE SOFTWARE GIVING RISE TO THE CLAIM OR LIABILITY. ALL OF THESE DISCLAIMERS AND LIMITATIONS OF REMEDIES AND/OR LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION OF THIS EULA OR ANY OTHER AGREEMENT BETWEEN YOU AND mySCADA s.r.o. AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF mySCADA s.r.o.’S VENDORS, APPOINTED DISTRIBUTORS, AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES.
TERM AND TERMINATION
This EULA takes effect upon Your use of the Software and remains effective until terminated for any reason. You may terminate it at any time by destroying all copies of the Software and Documentation in Your possession. It will also automatically terminate if You fail to comply with any term or condition of this EULA. You agree on termination of this EULA to either return to mySCADA s.r.o. or destroy all copies of the Software and Documentation in Your possession. If this Software has been licensed to You as part of a subscription service, this EULA shall terminate after the period of the subscription has lapsed.
If this Software was purchased for academic or research use by an educational institution, it may be used for teaching and research purposes only. Commercial use of the Software is prohibited if the software was intended for educational use. Only the instructor/professor registered to the software is eligible to contact mySCADA s.r.o. for technical support and product updates.
As an accommodation to Licensee, mySCADA s.r.o. may provide Licensee with a preproduction release of the Software (often labeled a “beta release”). These releases are not suitable for production use. SUCH RELEASES ARE PROVIDED ON AN “AS IS” BASIS. mySCADA s.r.o. DOES NOT WARRANT PREPRODUCTION RELEASES.
The Software may contain samples that are provided as an accommodation to You (“Sample Project Files”). These Sample Project files are intended to be used for example only. The Sample Project Files may be contained in the Software, Documentation (electronic or printed) or downloaded from the mySCADA s.r.o. website. mySCADA s.r.o. and its third-party licensors make no representations or warranties regarding Your use of the Sample Project files and related Documentation. All such Sample Project Files are provided “as is”. mySCADA s.r.o. disclaims all warranties with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
You agree that mySCADA s.r.o. may audit your use of the Software for compliance with these terms, upon reasonable notice. In the event that such audit reveals any use of the Software by You other than in full compliance with the terms of this EULA, You shall reimburse mySCADA s.r.o. for all reasonable expenses related to such audit in addition to any other liabilities You may incur as a result of such non-compliance.
The Software and Documentation are protected by copyright and other intellectual property laws and treaties. mySCADA s.r.o. or its licensors own the title, copyright, and other intellectual property rights in the Software and Documentation. The Software and Documentation are licensed, not sold. Nothing in this EULA constitutes a waiver of our rights under U.S., international, European copyright law or any other law.
This EULA and any amendment or addendum to this EULA that accompanies the Software is the complete and exclusive agreement between mySCADA s.r.o. and You and supersedes all prior agreements, whether written or oral, relating to the Software provided and the Documentation. This EULA may not be changed or modified except by an instrument in writing signed by a duly authorized representative of mySCADA s.r.o. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof, to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.
The parties acknowledge that they have required the EULA to be drafted in English. Les parties reconnaissent avoir exigé la rédaction en anglais du Contrat. In the event of a conflict between the English and other language versions, the English version will prevail.