Version 1.1, February 06, 2017, OPC Foundation

This OPC Foundation Samples Agreement of Use is an agreement between you and the OPC Foundation (the “Agreement”). The following provisions apply to all OPC Samples software (the “Software”):

A. Grant and Scope of License

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 Software available at https://www.opcfoundation.org for your internal use purposes.

The Software license referenced above is granted by you acknowledging the Agreement as part of the download of the Software.

You may install and use, copy and distribute any number of copies of the Software.

The Software is licensed, not sold.

This Agreement only gives you some rights to use the Software. The OPC Foundation reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:

• disclose the results of any benchmark tests of the Software to any third party without OPC Foundation’s prior written approval;
• reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
• publish the Software for others to copy; or
• rent, lease or lend the Software.

B. Additional Licensing Requirements and/or Use Rights.

1. Distribution Requirements. For OPC sample binaries Software you distribute, you must:
• add significant primary functionality to it in your programs;
• require distributors and external end users to agree to terms that protect it at least as much as this Agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless the OPC Foundation from any claims, including attorneys’ fees, related to the distribution or use of your programs.
2. Right to Use and Distribute. Third Party Distribution. You may permit distributors of your programs to copy and distribute the Software as part of those programs.
3. Distribution Restrictions. You may not:
• alter any copyright, trademark or patent notice in the Software;
• use the OPC Foundation’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by the OPC Foundation;
• include the Software in malicious, deceptive or unlawful programs.

C. Warranty and Liability Disclaimers

The main purpose of the Software is to demonstrate OPC UA functionality.

THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING THE SOFTWARE. THE OPC FOUNDATION MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THE SOFTWARE, 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 SOFTWARE 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 SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE USING THE SOFTWARE IS BORNE BY YOU AND/OR THE USER.

D. SUPPORT SERVICES.

Because the Software is provided “as is,” the OPC Foundation may not provide support services for the Software.

E. Compliance

The Software demonstrates some elements of the OPC Foundation standards. It is not assured, however, that the Software is fully compliant.