License AgreementPLEASE READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO AGREE TOBE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING PERMITTED TO CONTINUE TOINSTALL THE PRODUCT. THE PROCEDURE FOR ACCEPTING OR REJECTING THE LICENSE AGREEMENT ISSET OUT AFTER THE LICENSE AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR ANY SOFTWARE PRODUCTFOR WHICH YOU HAVE RECEIVED THE LICENSE-KEY(S) THROUGH AN AUTHORIZED SOURCE, THEINSTALLATION PROCESS WILL BE TERMINATED. YOU SHOULD PROMPTLY RETURN THE UNUSEDSOFTWARE PRODUCT FOR A REFUND OF THE AMOUNT PAID FOR THE PARTICULAR PRODUCT WITHINTHIRTY (30) DAYS OF THE DATE OF PURCHASE
LICENSE AGREEMENT FOR IOCOMP SOFTWARE:
VERY IMPORTANT-CAREFULLY READ:
This Iocomp Software License Agreement (hereinafter "LICENSE") is a legal agreement between you(either an individual or a single entity) and Iocomp Software, Inc. ("Iocomp"), for the SOFTWAREPRODUCT obtained through Iocomp or an authorized distributor, which includes computer softwareand associated media and printed materials, and may include "on-line" or electronic documentation("SOFTWARE"). By installing using the correct LICENSE-KEY(s), copying or otherwise using theSOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms ofthis LICENSE, promptly return the unused SOFTWARE to the place from which you obtained it for afull refund.
SOFTWARE LICENSEThe SOFTWARE is protected by copyright laws and international copyright treaties, as well as otherintellectual property laws and treaties. The SOFTWARE is licensed, not sold.
I. LICENSE GRANT. This LICENSE grants you the following rights:
A. You may use one copy of the Iocomp SOFTWARE identified above on a single computer. TheSOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or
installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer.
However, installation on a network server for the sole purpose of internal distribution to one or moreother computer(s) shall not constitute "use" for which a separate license is required, provided you
have a separate license for each computer to which the SOFTWARE is distributed.
B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy
(either in hardcopy or electronic form), provided that the number of copies made shall not exceed
the number of licenses you own for that SOFTWARE, and further provided that such copies shall be
used only for internal purposes and are not republished or distributed to any third party.
C. You may use the trial versions and product tours of the software products for the limited purposesof demonstrations, trials and design time evaluations.
II. TITLE; COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited toany images, photographs, animation, video, audio, music, text and "applets" incorporated into theSOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by
IOCOMP or its suppliers. The SOFTWARE is protected by copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, except thatyou may either (A) make one copy of the SOFTWARE solely for backup or archival purposes or (B)install the SOFTWARE on a single computer provided you keep the original solely for backup orarchival purposes. You may not copy the printed materials accompanying the SOFTWARE.
III. ADDITIONAL RIGHTS AND LIMITATIONS.
A. Reverse Translating, Decompilation, and Disassembly. You may not reverse translate, decompile, ordisassemble the SOFTWARE.
B. No Separation of Components. The SOFTWARE is licensed as a single product and the software
programs comprising the SOFTWARE may not be separated for use by more than one user at a time.
C. Rental. You may not rent or lease the SOFTWARE.
D. Software Transfer. You may NOT transfer any of your rights under this LICENSE.
E. Termination. Without prejudice to any other rights, Iocomp may terminate this LICENSE if you fail
to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copiesof the SOFTWARE.
If Licensee is Authorized to receive the product Source Code, Iocomp grants Licensee the nonexclusive license to view and modify the Source Code for the sole purposes of education andtroubleshooting. If Licensee troubleshoots the Source Code, Licensee may compile the correctedsource code and use and distribute the resulting object code solely as a replacement for thecorresponding Redistributable Files the Source Code compiles into.
The foregoing license is subject to the following conditions: (i) Iocomp shall retain all rights, title andinterest in and to all corrections, modifications and derivative works of the Source Code created byLicensee, including all copyrights subsisting therein, to the extent such corrections, modifications orderivative works contain copyrightable code or expression derived from the Source Code; (ii)
Licensee may not distribute or disclose the Source Code, or any portions or modifications orderivative works thereof, to any third party, in source code form; (iii) Licensee acknowledges that theSource Code contains valuable and proprietary trade secrets of Iocomp and agrees to expend every
effort to insure its confidentiality; (iv) Under no circumstances may the Source Code be used, inwhole or in part, as the basis for creating a product that provides the same, or substantially thesame, functionality as any Iocomp product; (v) If Licensee distributes a compiled version of thecorrected Source Code or portions thereof, Licensee must distribute it in accordance with theconditions listed in section IV ("REDISTRIBUTABLE COMPONENTS") regarding the distribution of
Redistributable Files.
IV. REDISTRIBUTABLE COMPONENTS.
A. Sample Code. In addition to the license granted in Section 1, Iocomp grants you the right to use
and modify the source code versions of those portions of the SOFTWARE which are identified in thedocumentation as the Sample Code and located in the \EXAMPLES(xx) subdirectory(s) of theSOFTWARE, either on disk, CD-ROM or electronic format (collectively "SAMPLE CODE") provided you
comply with section 4.c. You may not distribute the EXAMPLE CODE, or any modified version of theEXAMPLE CODE, in source code form.
B. Redistributable Code. In addition to the license granted in Section 1, Iocomp grants you anonexclusive, royalty-free right to reproduce and distribute the object code version of those portionsof the SOFTWAREdesignated in the SOFTWARE as (i) those portions of the SOFTWARE which areidentified in the documentation as the VBX ("VBX") and/or OCX ("OCX") Controls; (ii) those portionsof the SOFTWARE which are identified in the documentation as REDISTRIBUTABLE DLLs ("DLLs"); and(iii) SAMPLE CODE (collectively, "REDISTRIBUTABLES"), provided you comply with Section 4.c.
C. Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to (i) distributethe REDISTRIBUTABLES in object code form only in conjunction with and as part of your software
application product which adds significant and primary functionality and which is designed,
developed, and tested to operate; (ii) not use Iocomp's name, logo or trademarks to market yoursoftware application product; (iii) include a valid copyright notice on your SOFTWARE; (iv) indemnify,
hold harmless, and defend Iocomp from and against any claims or lawsuits, including attorney's fees,that arise or result from the use and distribution of your software application product; and (v) notpermit further distribution of the REDISTRIBUTABLES by your end user.
D. OPC Runtime License. If you utilize the OPC (OLE for Process Control) features of the SOFTWARE, aDISTRIBUTION LICENSE must be obtained to distribute the REDISTRIBUTABLES. Installation ofSOFTWARE on additional computers which utilize the OPC features of the SOFTWARE must have an
OPC RUNTIME LICENSE. The OPC FEATURES included with your SOFTWARE LICENSE are for testing
purposes only if you do not purchase an OPC Runtime License. Additional OPC RUNTIME LICENSES
can be purchased from Iocomp Software or from an Iocomp Authorized Reseller. The OPC OEM
Deployment License allows for unlimited distribution of a single application product using the OPC
features of the SOFTWARE.
E. OEM/1000 Development License. If you allow development with the SOFTWARE COMPONENTS
from within your software application product, you will need to obtain an OEM/1000 Development
License. The OEM/1000 Development License allows you to distribute up to 1000 copies of yoursoftware application product that enable development with our SOFTWARE COMPONENTS.
Development must be contained within your software application product. Development is definedas the ability of your software application product to do ALL three of the following: i. Add and/orRemove our SOFTWARE COMPONENTS ii. modify our SOFTWARE COMPONENTS properties,
methods, and/or events iii. Persist or Save/Load the properties of the SOFTWARE COMPONENTS.
V. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, ordisclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of theRights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, asapplicable. Manufacturer is Iocomp Software, Inc., 472 S. Andrea Circle, Haines City, FL 33844.
VI. EXPORT AND USE.
You are acknowledging that you are responsible for complying with all trade regulations and laws
both foreign and domestic and agreeing that you will not use or otherwise export or re-export,
directly or indirectly, this SOFTWARE or underlying information or technology except as authorized
by United States law and the laws of the jurisdiction in which the SOFTWARE was obtained. In
particular, but without limitation, the SOFTWARE may not be exported or re-exported, directly orindirectly, (i) into (or to a national or resident of) any U.S. embargoed country, including without
limitation Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or (ii) to anyone on theU.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department ofCommerce's Table of Denial Orders or (iii) for any end-use that is prohibited by United States law andthe laws of the jurisdiction in which the Technology was obtained. By downloading and/or using theSOFTWARE, you represent and warrant that you are not located in, under control of, or a national orresident of any such country or on any such list and that no U.S. federal agency has suspended,revoked, or denied your export privileges.
LIMITED WARRANTY.
LIMITED WARRANTY. EXCEPT WITH RESPECT TO REDISTRIBUTABLES, WHICH ARE PROVIDED "AS IS,"WITHOUT WARRANTY OF ANY KIND, IOCOMP WARRANTS THAT THE SOFTWARE WILL PERFORMSUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING WRITTEN MATERIALS FOR A PERIOD OFTHIRTY (30) DAYS FROM THE DATE OF RECEIPT. SOME STATES AND JURISDICTIONS DO NOT ALLOWLIMITATIONS OF DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLYTO YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE,IF ANY, ARE LIMITED TO THIRTY (30) DAYS.
CUSTOMER REMEDIES. IOCOMP'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVEREMEDY SHALL BE, AT IOCOMP'S OPTION, EITHER (A) RETURN OF THE PAID PRICE, OR (B) REPAIR ORREPLACEMENT OF THE SOFTWARE. PRODUCTS PURCHASED OTHER THAN DIRECTLY FROM IOCOMPSHALL BE RETURNED THROUGH THE RESELLER FROM WHICH IT WAS PURCHASED. THIS LIMITEDWARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, ORMISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OFTHE ORIGINAL THIRTY (30) DAY PERIOD. OUTSIDE THE UNITED STATES, NEITHER THESE REMEDIESNOR ANY PRODUCT SUPPORT SERVICES OFFERED BY IOCOMP ARE AVAILABLE WITHOUT PROOF OFPURCHASE FROM AN AUTHORIZED INTERNATIONAL SOURCE.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IOCOMP ANDITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGALRIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT SHALL IOCOMP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OFBUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF ORINABILITY TO USE THE SOFTWARE, EVEN IF IOCOMP HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY NOT APPLY TO YOU.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREESTO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETEAND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND
SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHERCOMMUNICATIONS RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.