Version 1.0, February 16, 2024, OPC Foundation

1. Acceptance of Terms of Use

This website and the materials made available by and through this website are provided by OPC Foundation ("OPCF"), a not-for-profit Arizona corporation. By accessing, browsing, or using this website ("Website" or "Websites") or any materials provided by the website ("Materials"), you accept and agree to be bound by these Terms of Use and any additional terms and conditions which may accompany the Materials made available through this Website (collectively, the "Terms"). If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to agree to the Terms on behalf of that entity and to bind that entity to the Terms. If you do not agree to the terms, do not access or use this Website or any Materials from it.

2. Terms, Modifications, Suspension.

2.1 Supplementary Terms for Materials and Sub-Sites

Certain Materials or sub-sites accessible via the Website may have their own supplementary terms and conditions specific to them. By accessing or using those Materials or sub-sites, you accept and agree to be bound by the applicable supplementary terms and conditions. To the extent these Terms conflict with or are superseded by any such supplementary terms and conditions, the supplementary terms and conditions will govern and control.

2.2 Changes and Updates to Terms.

OPCF may change or remove any part of the Terms at any time without notice to you. Such Terms will be effective when posted and your use of the Website or Materials after the posting of the changed or removed Terms will be deemed your acceptance of and agreement to be bound by the Terms.

2.3 Suspension of Websites and Materials.

OPCF may suspend the Website, the Materials or your account, temporarily or permanently, at any time in its sole discretion without notice to you.

2.4 Links to Other Materials or Sites.

The Websites or Materials may contain links to other sites. The linked sites are not under the control of OPCF and OPCF is not responsible for the content of any linked site or any link contained in a linked site. If you decide to access or use linked sites, you do so entirely at your own risk.

3. Security and Privacy

3.1 Personal Information

Personal information you submit to OPCF through forms on the Website or the Materials is governed by OPCF's Privacy Policy. By accessing and using the Website, you acknowledge that you have read and understand the Privacy Policy. By creating an account, you acknowledge that certain personal information is exempt under governing privacy legislation and will not be deleted even if such a request is made, including records of acceptance of license terms, records indicating your role as a representative for an OPCF member and any contributions to standards committees, online forums or shared code repositories.

3.2 Member Account and Security.

Accessing certain Materials and/or sub-sites may require that you establish a personal member account and password. It is a condition of your use of the Materials and sub-sites that all the information you provide as part of registering for an account is accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for activities that occur under your account.

4. No Unlawful or Prohibited Use.

You agree that you will not use the Websites or the Materials for any purpose that is unlawful or prohibited by the Terms.

5. Retained Rights

5.1 Copyright & Retained Rights.

You acknowledge and agree that the Websites and Materials are protected by worldwide copyright laws. Except as set forth in these Terms or as otherwise specified in the Materials and any license terms or permissions that apply to the Materials (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) notwithstanding Section 5.1(a) you may display, copy and download the Materials for internal purposes only but may NOT modify, distribute, transmit, perform, publish, license, create derivative works from, transfer, or sell the Websites or the Materials.

5.2 Trademarks.

"OPC Foundation", the OPC Foundation logo, OPC UA logo, and other OPC Foundation logos and titles are registered trademarks or service marks of the OPC Foundation. Any trade names, trademarks, service marks, logos, trade dress, and other brand features ("Trademarks") displayed on or featured on the Websites or the Materials are the property of OPCF or third-party licensors. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on these sites without prior written permission of OPCF or other trademark owners.

5.3 Third Party Content.

The Websites and the Materials may contain third party submitted content. Such content is not reviewed, approved, or endorsed by OPCF and is provided solely as a convenience to you. Under no circumstances will OPCF be liable to you or to any third party in any way for any third-party submitted or provided content, including but not limited to any errors or omissions, or damages of any kind. By your use of the Website or Materials, you agree that you must evaluate, and bear all risks associated with, the use of any third-party content, including any reliance on the accuracy, completeness, or usefulness of such third party content.

5.5 User Input.

Unless otherwise provided in the Terms, any communication, material or feedback with regard to the Websites transmitted by a user of these sites via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Materials or other information contained on these Websites, such information shall be deemed to be non-confidential and OPCF shall have no obligation of any kind with respect to such information. Each user of these sites grants OPCF a perpetual, worldwide, nonexclusive, irrevocable, fully sublicensable and transferable license to reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such information for any purpose, provided such use complies with the OPCF Privacy Policy, and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, OPC Foundation shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, without limitation, publication on these Websites, or other OPCF publications, and developing, manufacturing, and marketing products using such information. OPCF shall have no obligation to compensate the contributor of such information in any manner.

6. Disclaimer.

THE CONTENT OF THE WEBSITES AND MATERIALS ARE PROVIDED "AS IS" AND OPCF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITES OR MATERIALS INCLUDING BUT NOT LIMITED TO NO REPRESENTATIONS OR WARRANTIES OF ACCURACY. OPCF ASSUMES NO LIABILITY WHATSOEVER, AND OPCF DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE USE OF OPCF WEBSITES OR MATERIALS, INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT.

7. Limitation of Liability.

NEITHER OPCF NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, MATERIALS OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE OR MATERIALS AND WILL NOT MAKE ANY CLAIM AGAINST OPCF FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE OR MATERIALS.

8. DMCA Copyright Infringement Claim.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to OPCF's designated copyright agent at:
OPCF Copyright Agent
16101 N. 82nd Street, Suite 3B
Scottsdale, Arizona 85260-1868 USA
Phone: 480 483-6644
Fax: 480 483-7202
OPCF may terminate or suspend an account for repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the OPCF agent and provide information sufficient under the statute to verify the account holder or subscriber is a repeat infringer.

9. Severability.

If any provision of these Terms is held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.

10. Governing Law, Venue, Jurisdiction.

Any action, proceeding, dispute, claim or controversy arising out of or relating to the Terms is governed by the laws of the United States and of the State of New York. You consent to the exclusive jurisdiction of the state and federal courts in the State of New York and to the personal jurisdiction and venue in those courts.

11. Export Restrictions.

You acknowledge and agree that the Materials may be subject to U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to applicable U.S. law and other applicable laws is prohibited. You agree to comply strictly with all applicable laws, including but not limited to U.S. export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

12. Complete Agreement.

These Terms represent the entire understanding between you and OPCF related to the use of the Website and Materials and, other than as described in Sections 1 and 2.1 of this Agreement, will prevail over any prior or contemporaneous, conflicting or additional, communications.

13. Indemnification.

You agree to defend, indemnify, and hold harmless OPCF, its officers, directors, employees, members, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms or any claim by a third-party related to your actions. OPCF shall provide notice to you promptly of any such claim, suit, or proceeding and will provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.