Basic Documentation
I BT - ReadMe_OSS ,
Issue:31-Aug-16 Rev 1.0 - page 25/36
© Copyright 2016, Siemens Schweiz AG Working copy if printed
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.
14. OPC Foundation DA Redistributables – Version 2.00
Upstream Resources:
www.opcfoundation.org
Copyrights:
©2013 OPC Foundation
Licenses:
END USER LICENSE AGREEMENT
OPC MATERIALS
IMPORTANT NOTICE --- READ CAREFULLY
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, AS AN ACTIVE MEMBER OF THE OPC FOUNDATION (THE
“LICENSEE” OR “YOU”), AND OPC FOUNDATION (“OPC FOUNDATION” OR “WE”). OPC FOUNDATION HAS ESTABLISHED A
SET OF SPECIFICATIONS INTENDED TO FOSTER GREATER INTEROPERABILITY BETWEEN AUTOMATION/CONTROL