Basic Documentation

I BT - ReadMe_OSS ,
Issue:31-Aug-16 Rev 1.0 - page 24/36
© Copyright 2016, Siemens Schweiz AG Working copy if printed
b) All copies of the OPC Materials made and/or distributed by Licensee must include all copyright and other proprietary
rights notices included on or in the copy of such materials provided to Licensee by the OPC Foundation. In other words, Licensee
may not remove any copyright or other proprietary rights notices included on or in the OPC Materials.
c) The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:
i) Licensee must acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page
www.opcfoundation.org from the About box of the Licensee’s or Active Member’s application(s).
ii) Licensee may include the source code, modified source code, built binaries or modified built binaries within Licensee’s own
applications for either personal or commercial use; provided, however, that the source code, modified source code, built binaries or
modified built binaries cannot be sold as is, either individually or together. 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. This Agreement does not convey to You an interest in or to
the OPC Materials, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this
Agreement constitutes a waiver of OPC Foundation’s intellectual property rights under any law. Licensee understands and
acknowledges that the OPC Materials may contain or include proprietary confidential information and trade secrets of OPC
Foundation and its licensors. Unless the OPC Foundation has explicitly designated the OPC Material for public use, Licensee shall
take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard
Your or Your company’s own trade secrets and confidential information, but no less than a reasonable degree of care.
b) Licensee acknowledges and agree that any breach of these terms and conditions will cause irreparable harm and injury to
OPC Foundation for which monetary damages may not be adequate remedies. Therefore, Licensee agrees that OPC Foundation
shall be entitled to injunctive and/or other equitable relief without the requirement to post a bond or prove monetary damages, in
addition to all other remedies provided under this Agreement or available at law or equity.
c) Licensee acknowledges and agrees that the OPC Materials are provided with restricted rights. Use, duplication or
disclosure by the U.S. government is subject to restrictions as set forth in (i) this Agreement pursuant to DFARs 227.7202-3(a); (ii)
subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (iii) the
Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/
manufacturer is the OPC Foundation, 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ 85260-1830, USA.
3. WARRANTIES:
a) Licensee Warranty. Licensee represents and warrants that: (a) it is a current and Active Member of the OPC Foundation
and it has the right and authority to enter into this Agreement; (b) all information supplied by Licensee during the registration process
is true, accurate, current and complete; and (c) Licensee will comply with the terms and conditions of this License Agreement.
b) Disclaimer of OPC Foundation Warranty. Licensee acknowledges that the OPC Foundation has provided the OPC
Materials for informational purposes only in order to help You understand the relevant OPC specifications. THE OPC MATERIALS
ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OPC
FOUNDATION AND ITS LICENSORS HEREBY DISCLAIM ANY DUTY OR COMMITMENT TO PROVIDE ANY FIX OR
CORRECTION TO ANY PROBLEM, BUG, DEFECT OR DEFICIENCY IN THE OPC MATERIALS. LICENSEE BEARS ALL RISK
RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. OPC FOUNDATION AND ITS
LICENSORS DO NOT WARRANT THAT THE OPC MATERIALS WILL BE ERROR FREE, OR THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES
SO TO THE EXTENT THAT THEY ARE EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. NEITHER OPC FOUNDATION NOR ITS
LICENSORS SHALL BE LIABLE TO LICENSEE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND SIMILAR DAMAGES (WHETHER FOR LOSS OF
PROFIT, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR
CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT, EVEN IF WE HAVE
BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT, AND OPC FOUNDATION WOULD NOT LICENSE THE OPC MATERIALS TO YOU
WITHOUT SUCH LIMITATION. IF ANY LIABILITY IS IMPOSED ON OPC FOUNDATION OR ITS LICENSORS, OPC
FOUNDATION AND ITS LICENSORS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE MEMBERSHIP FEES PAID TO
OPC FOUNDATION BY LICENSEE OVER THE 12 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.