Basic Documentation

I BT - ReadMe_OSS ,
Issue:31-Aug-16 Rev 1.0 - page 17/36
© Copyright 2016, Siemens Schweiz AG Working copy if printed
MONTHS PRECEDING ANY CLAIM. 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.
Licensee shall not mortgage, assign, sub-license, or otherwise encumber this Agreement without the prior written consent
of OPC Foundation. OPC Foundation shall be entitled to assign this Agreement to any third party with notice to Licensee.
7. 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 fails to maintain its Active
Member status with OPC Foundation; (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. Notices must be in writing, given by mail or by
facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven days after
deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement
will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this
Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither
party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its
control, including without limitation, delays in delivery of the Software.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL THE TERMS.
11. OPC Foundation AE SDK Version 1.00
Upstream Resources:
www.opcfoundation.org
Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT