Version 1.1, February 06, 2017, OPC Foundation

This OPC Foundation CTT Agreement of Use is an agreement between you and the OPC Foundation (the “Agreement”). The following sections apply to OPC Compliance Test Tools (the “Software”):

A. Grant of License

The Software license referenced above is granted by you acknowledging the Agreement as part of the download of the Software. Each license is for a single developer (i.e., all copies of the Software must be obtained on an individual basis, directly from the OPC Foundation Website).

The license above grants the use of the Software for the purpose of self-testing OPC enabled applications. Multiple copies of the Software may exist on more than one computer, as long as the use of the Software is by the same developer.

You may not:

• disclose the results of any benchmark tests of the Software to any third party without OPC Foundation’s prior written approval;
• work around any technical limitations in the Software;
• reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the Software than specified in this Agreement or allowed by applicable law, despite this limitation;
• publish the Software for others to copy; or
• rent, lease or lend the Software.

You shall only be granted a limited right of usage to the extent to which it is absolutely necessary for the purposes of this Agreement. None of OPC Foundation’s copyright, intellectual property or any other rights to or in the Software shall not be impacted or otherwise exhausted by this Agreement.

B. Copyright Restrictions

Any unauthorized use of the Software may violate copyright laws, trademark laws, and communications regulations and statutes.

You are prohibited from copying and redistributing the Software. All copies of the Software must be obtained on an individual basis, directly from the OPC Foundation Website.

You may not lease, assign, or sublicense the Software, in whole or in part. You may not make accessible the Software to third parties and you must make sure that no one except you as the authorized licensee under the Agreement has access to the computer(s) where the Software is installed.

C. Warranty and Liability Disclaimers

The main purpose of the Software is testing and validation of the compliance of OPC Foundation applications to the corresponding OPC Specification.

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. Compliance and Certification

The Software tests specific elements of the OPC Foundation standards. The Software is regularly enhanced to address additional elements. It is not assured, therefore, that the Software covers the complete standard.

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 Software may claim compliance or conformance with the Software if and only if the software satisfactorily meets the certification requirements under the OPC Foundation Certification Program. Products that do not meet these requirements may claim only that the product was based on the Software and must not claim compliance or conformance with the Specifications. The OPC Foundation reserves the right to arbitrarily change the rules for certification in its sole discretion. Use of all certification marks, trademarks and other special designations to indicate compliance to be OPC Foundation-certified must have written approval from the OPC Foundation.

E. Trademarks and Logos

This Agreement does not authorize you to use any OPC Foundation name, trademark or logo.