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License Agreement

You must agree to the terms of the OPC Foundation license agreement before you may access any material on this website.

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The Following agreement applies to all UA Specifications:
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-->   AGREEMENT OF USE  <--

Any unauthorized use of this specification may violate copyright laws, trademark laws, and communications regulations and statutes. This document contains information which is protected by copyright. All Rights Reserved. No part of this work covered by copyright herein may be reproduced or used in any form or by any means--graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems--without permission of the copyright owner.
OPC Foundation members and non-members are prohibited from copying and redistributing this specification. All copies must be obtained on an individual basis, directly from the OPC Foundation Web site
http://www.opcfoundation.org.

PATENTS

The attention of adopters is directed to the possibility that compliance with or adoption of OPC specifications may require use of an invention covered by patent rights. OPC shall not be responsible for identifying patents for which a license may be required by any OPC specification, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. OPC specifications are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents.

WARRANTY AND LIABILITY DISCLAIMERS

WHILE THIS PUBLICATION IS BELIEVED TO BE ACCURATE, IT IS PROVIDED "AS IS" AND MAY CONTAIN ERRORS OR MISPRINTS. THE OPC FOUDATION MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THIS PUBLICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL THE OPC FOUNDATION BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The entire risk as to the quality and performance of software developed using this specification is borne by you.

RESTRICTED RIGHTS LEGEND

This Specification is provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer are the OPC Foundation,. 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830

COMPLIANCE

The OPC Foundation shall at all times be the sole entity that may authorize developers, suppliers and sellers of hardware and software to use certification marks, trademarks or other special designations to indicate compliance with these materials. Products developed using this specification may claim compliance or conformance with this specification if and only if the software satisfactorily meets the certification requirements set by the OPC Foundation. Products that do not meet these requirements may claim only that the product was based on this specification and must not claim compliance or conformance with this specification.

TRADEMARKS

Most computer and software brand names have trademarks or registered trademarks. The individual trademarks have not been listed here.

GENERAL PROVISIONS

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. 
This Agreement shall be governed by and construed under the laws of the State of Minnesota, excluding its choice or law rules.
This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, this specification.

ISSUE REPORTING

The OPC Foundation strives to maintain the highest quality standards for its published specifications, hence they undergo constant review and refinement. Readers are encouraged to report any issues and view any existing errata here:
http://www.opcfoundation.org/errata

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The Following agreement applies to all other deliverables:
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NON-EXCLUSIVE LICENSE AGREEMENT

The OPC Foundation, a non-profit corporation (the "OPC Foundation"), has established a set of specifications intended to foster greater interoperability between automation/control applications, field systems/devices, and business/office applications in the process control industry.

The OPC specifications define standard interfaces, objects, methods, and properties for servers of real-time information like distributed process systems, programmable logic controllers, smart field devices and analyzers. The OPC Foundation distributes specifications, prototype software examples and related documentation (collectively, the "OPC Materials") to its members in order to facilitate the development of OPC compliant applications.

The OPC Foundation will grant to you (the "User"), whether an individual or legal entity, a license to use, and provide User with a copy of, the current version of the OPC Materials so long as User abides by the terms contained in this Non-Exclusive License Agreement ("Agreement"). If User does not agree to the terms and conditions contained in this Agreement, the OPC Materials may not be used, and all copies (in all formats) of such materials in User’s possession must either be destroyed or returned to the OPC Foundation. By using the OPC Materials, User (including any employees and agents of User) agrees to be bound by the terms of this Agreement.

All OPC Materials, unless explicitly designated otherwise, are only available to currently registered members of the OPC Foundation (an "Active Member"). If the User is not an employee or agent of an Active Member then the User is prohibited from using the OPC Materials and all copies (in all formats) of such materials in User’s possession must either be destroyed or returned to the OPC Foundation.

LICENSE GRANT:

Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to User a non-exclusive, royalty-free, limited license to use, copy, display and distribute the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. User may not distribute OPC Materials outside of the Active Member organization to which User belongs unless the OPC Foundation has explicitly designated the OPC Material for public use.

All copies of the OPC Materials made and/or distributed by User must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to User by the OPC Foundation.

The OPC Foundation shall retain all right, title and interest (including, without limitation, the copyrights) in the OPC Materials, subject to the limited license granted to User under this Agreement.

The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:

1) User is requested to 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 User’s or Active Member’s application(s).

2) User may include the source code, modified source code, built binaries or modified built binaries within User’s own applications for either personal or commercial use. However, the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together.

In other words, User may use OPC Foundation software to enhance the User’s applications and to ensure compliance with the various OPC specifications. User is prohibited from gaining commercially from the OPC software itself.

PUBLIC USE DECLARATION:

The public is granted non-exclusive, royalty-free, limited license to download, use and redistribute the following deliverables. (The OPC Foundation retains ownership and full copyright)

"OPC Core Components x.xx SDK"
"OPC Core Components x.xx Redistributable"
"OPC COM ProxyStub Merge Module"
"OPC .NET x.x RCWs Merge Module"

CORPORATE MEMBER USE DECLARATION:

OPC Foundation Corporate Members are granted non-exclusive, royalty-free, limited license to download, use and redistribute the following deliverables. (The OPC Foundation retains ownership and full copyright)

"OPC DA x.xx Sample Binaries"
"OPC XMLDA x.xx Sample Binaries"
"OPC HDA x.xx Sample Binaries"
"OPC AE x.xx Sample Binaries"
"OPC DX x.xx Sample Binaries"

WARRANTY AND LIABILITY DISCLAIMERS:

User acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help User understand the relevant OPC specifications. THE OPC MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USER BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. The OPC Foundation and its members do not warrant that the OPC Materials, their design or their use will meet User’s requirements, operate without interruption or be error free.

IN NO EVENT SHALL THE OPC FOUNDATION, ITS MEMBERS, OR ANY THIRD PARTY BE LIABLE FOR ANY COSTS, EXPENSES, LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) OR INJURIES INCURRED BY USER OR ANY THIRD PARTY AS A RESULT OF THIS AGREEMENT OR ANY USE OF THE OPC MATERIALS.
 
GENERAL PROVISIONS:

This Agreement and User’s license to the OPC Materials shall be terminated (a) by User ceasing all use of the OPC Materials, (b) by User obtaining a superseding version of the OPC Materials, or (c) by the OPC Foundation, at its option, if User commits a material breach hereof.  Upon any termination of this Agreement, User shall immediately cease all use of the OPC Materials, destroy all copies thereof then in its possession and 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.

User shall not export or re-export the OPC Materials or any product produced directly by the use thereof to any person or destination that is not authorized to receive them under the export control laws and regulations of the United States.

The Software and Documentation are provided with Restricted Rights.  Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) 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.

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.

This Agreement shall be governed by and construed under the laws of the State of Minnesota, excluding its choice or law rules.

This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, the OPC Materials.