License Agreement

The following license agreement is valid for all purchases or product delivery’s starting 03-OCT-2020

Version History

  • 19-NOV-2018 Initial version
  • 30-JUN-2019 Support Service Agreement is now part of the license agreement. Updated supported operating systems and support handling
  • 13-AUG-2019 Added Upgrade Protection
  • 09-NOV-2019 Removed Professional Edition
  • 24-NOV-2019 Fixed support links
  • 07-DEC-2019 Renamed Ultimate Edition to Binaries
  • 05-JAN-2020 Updated framework support
  • 12-APR-2020 Updated Product Editions
  • 03-OCT-2020 Simplified license model

TECHNOSOFTWARE (THE “LICENSOR”) IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND ASSOCIATED DOCUMENTATION INCLUDING AUTHORIZED COPIES OF EACH (THE “SOFTWARE”) TO YOU (“LICENSEE”) ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the licensed Software. The licensed Software is licensed, not sold. Technosoftware shall own all right, title and interest including the intellectual property rights in and to the information on bug fixes or error corrections relating to the licensed Software that are submitted by Licensee to Technosoftware as well as any intellectual property rights to the correction of any errors, if any.

PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE UPON THE SOFTWARE WAS FIRST DELIVERED TO YOU OR FIRST DOWNLOADED BY YOU. IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, THEN TECHNOSOFTWARE DOES NOT GRANT ANY LICENSE TO THE SOFTWARE, AND LICENSEE MUST NOT DOWNLOAD OR INSTALL THE SOFTWARE

The detailed license agreement is available here. Below are the most important license information:

License Model

Technosoftware licenses on a simple per-company basis and charges no royalties, runtimes, or server deployment fees unless otherwise specified which maximizes cost savings at application distribution and installations.

Company Site License

  • Software may be used within Licensee’s organization at the location specified.
  • Software may be used by multiple developers at the location specified.
  • Any application developed with the solutions can be delivered to an unlimited number of customers (no royalties)
  • Reporting of issues is included free of charge via GitHub here.
  • Updates and fixes are delivered here free of charge, if/when they are made available.
  • Hotfixes for customer specific issues requires the purchase of an OPC UA Support Subsciption first.
  • For technical support, direct Email contact or remote sessions you need to purchase an OPC UA Support Subsciption first.

Support

Support is not included in the license. For this you need to purchase a support subscription. See also the Support Service Agreement which applies to all licenses.

Grant of License

The following general conditions apply:

  • You may not make accessible the Software to third parties, and you must make sure that no one except your authorized employees has access to the computer where the Software is installed.
  • The Software might be used by being compiled into, linked or bind to your application. All use of the Software shall be solely in accordance with the documentation.
  • You are not allowed to resell, rent, lease or sublicense an unmodified or modified version of this Software as standalone product, nor to build toolkit or developer tools from it. This means that the company the developer is working for must own a separate license.
  • Redistributable’s, if any, shall be licensed to Licensee’s customer “as is”.
  • Licensee’s software product(s) are not an OPC Server and/or Client development tool; licensee may not use the Software in such a way that results in development of product(s) that are directly or indirectly (i.e. simplified version or platform/language adoption) competitive with the licensed Software itself or other Technosoftware developer products family
  • Licensee’s applications must add primary and substantial functionality to the licensed Software; applications may not pass on functionality which in a simple way makes it possible for others to create software with the licensed Software (e.g. you may not distribute libraries and corresponding header files of the Software together with your application)
  • Licensee shall indemnify and hold Technosoftware, its affiliates, contractors, and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of applications
  • Licensee may not use Technosoftware’s name, logo or trademark to market your application without explicit written agreement with Technosoftware

Limitation of Liability

The Software and components are not intended to replace the professional skills and judgment of Licensee and its employees, agents and consultants. Licensee alone shall be responsible for the accuracy and adequacy of information and data furnished for processing and any use made by Licensee of the output of the Software or any reliance thereon.

TECHNOSOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF TECHNOSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND LICENSOR’S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE FOR THE RELEVANT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.

Export Control

Licensee acknowledges that the licensed Software may be subject to export control restrictions of various countries. Licensee shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the licensed Software and/or modified Software and/or applications and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the reexportation of the licensed Software, modified Software or applications.

Entire Agreement

This Agreement and each purchase order placed hereunder shall be subject to the substantive law in force in Switzerland without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded. The parties agree that sole jurisdiction and venue for any dispute relating to the agreement shall be in a court at Technosoftware’s company location in Rüfenach, Switzerland.

The detailed license agreement is available here.