This OPC Foundation Specifications Agreement of Use is an agreement between you and the OPC Foundation (the “Agreement”). Subject to the terms and conditions of the Agreement and your compliance therewith, OPC Foundation hereby grants you a limited, non-exclusive, revocable, non-assignable, non-transferable, non-sub licensable license to use the OPC Foundation Specifications documentation (the “Specifications”).
A. Copyright Restrictions
Any unauthorized use of the Specifications may violate copyright laws, trademark laws, and communications regulations and statutes. The Specifications contain information that is protected by copyright, with all rights reserved. No part of the work covered by the 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.
You (whether you are an OPC Foundation member or non-member) are prohibited from copying and redistributing the Specifications. All copies of the Specifications must be obtained on an individual basis, directly from the OPC Foundation Website https://opcfoundation.org.
You agree that compliance with or adoption of the Specifications may require use of an invention covered by patent rights. OPC Foundation shall not be responsible for identifying patents for which a license may be required for use of any of the Specification or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention.
C. Warranty and Liability Disclaimers
THE SPECIFICATIONS ARE LICENSED “AS-IS.” YOU BEAR THE RISK OF USING THE SPECIFICATIONS. THE OPC FOUNDATION MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THE SPECIFICATIONS, 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.YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE OPC FOUNDATION EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE OPC FOUNDATION BE LIABLE FOR ERRORS CONTAINED IN THE SPECIFICATIONS 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 THE SPECIFICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE USING THE SPECIFICATIONS IS BORNE BY YOU AND/OR THE USER.
D. Restricted Rights Legend
The Specifications 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. The Contractor/Manufacturer is the OPC Foundation, 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830.
E. Compliance and Certification
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 the Specifications may claim compliance or conformance with the Specifications if and only if the software satisfactorily meets the certification requirements set forth under the OPC Foundation Certification Program. Products that do not meet these requirements may claim only that the product was based on the Specifications and must not claim compliance or conformance with the Specifications.
Most computer and software brand names have trademarks or registered trademarks. The individual trademarks have not been listed here.
G. 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 embodies the entire understanding between you and the OPC Foundation with respect to, and supersedes any prior understanding or agreement (oral or written) relating to the Specifications.
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