IMPORTANT – READ CAREFULLY: This “SCADA PRO” Software License Agreement (“Agreement”) is a legal agreement between You (either an individual or a single legal entity) and ACE-Hellas SA (“ACE-Hellas“) for the Software and Related Materials with which this Agreement is delivered. By installing, downloading, copying, accessing or otherwise using the Software and Related Materials, You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND RELATED MATERIALS.
This is a license from ACE-Hellas and not a sale of goods. This Agreement gives You certain limited rights to use ACE-Hellas‘s proprietary Software and Related Materials. All rights not specifically granted in this Agreement are reserved to ACE-Hellas.
1. Definitions: As used in this Agreement, the following words, phrases, or terms shall have the following meanings:
“Software” means the actual copy of all or any portion of ACE-Hellas’s proprietary software technology, including all editions of SCADA PRO, sample Data, and software development kits (“SDK”), on any media and in any format including backups, patches, service packs, updates, extensions, or permitted merged copies.
“Related Materials” means all of the user, reference, operating, training or related information supplied by ACE-Hellas in printed or electronic form including revisions, new and corrected documents.
“Concurrencies” means the maximum number of machines, virtual or otherwise, that will be using the Software at the same time.
2. Permitted Uses: Pursuant to the terms and conditions of this Agreement and any ordering document, ACE-Hellas hereby grants to You one of the following limited, non-exclusive, non-transferable licenses to use the Software and Related Materials:
A. If You acquire a fixed license, You are authorized to install and use one copy of the Software on a single designated machine.
B. If You acquire a floating license authorizing a specified number of Concurrencies, You may install the Software on multiple machines, provided that the number of machines using the Software at any one time is not greater than the authorized number of Concurrencies as controlled by a license manager tool shipped with the Software.
C. If You acquire a server license authorizing a specified number of engines, You may install the Software on multiple machines, provided that the number of engines used at any one time is not greater than the authorized number of engines as controlled by a license manager tool shipped with the Software.
You may provide access to and use of the Software to any consultant or contractor solely for your benefit. Any other use must be approved in writing by ACE-Hellas.
3. Uses Not Permitted: Processing third-party data for the use of third parties is not permitted unless a separate written agreement is obtained from ACE-Hellas. You shall not act as a service bureau or application service provider that allows third party access to the Software. You shall not sell, rent, host, lease, sub-license, lend, timeshare, transfer, or otherwise provide unlicensed third parties access to the Software. You shall not reverse engineer, decompile, disassemble, alter, modify, or create any derivative works of the Software and Related Materials except in accordance with this Agreement and only to the extent described in the Related Materials.
You shall not make additional copies of the Software and Related Materials beyond what is reasonably required for internal backup protection.
Notwithstanding the generality of the foregoing, You shall not use the Software as a component in, or to provide, any turnkey or stand-alone data translation system or service for third parties unless a separate written agreement is obtained from ACE-Hellas. If You want to purchase rights beyond those granted by this Agreement, You may do so by contacting ACE-Hellas at [email protected]
4. Third Party Components: The Software may make use of third party software components (“3rd Party Components”). Copyright notices and/or licenses for 3rd Party Components are available in the Legal Notices file provided with the Software or may be requested by contacting [email protected] All 3rd Party Components’ license terms work in conjunction with this Agreement and together are complete statements of your rights and restrictions with respect to the Software.
5. Sample Data: You may use the Sample Data provided with the Software to test, evaluate and demonstrate features of the Software, and for no other purpose.
6. Upgrades: If You upgrade the Software from one license type to another (for example, from fixed to floating) or to an edition with additional functionality (for example, from Standard Edition to Professional Edition), then You agree to uninstall the old Software license key prior to installation of the upgraded Software license key. All upgrades are provided to You on a license exchange basis. By using the upgraded Software, You voluntarily terminate your rights to use any previous version of the Software, except to the extent that the previous version is required to transition to the upgraded Software.
7. Ownership & Copyright: Except for 3rd Party Components, ACE-Hellas retains exclusive title to and ownership of any copy of the Software and Related Materials licensed under this Agreement. ACE-Hellas warrants that it has the power to grant the license rights described in this Agreement.
The Software and Related Materials are owned by ACE-Hellas and are protected by European and American copyright laws and applicable international treaties and/or conventions. The structure, organization, and code are the valuable trade secrets of ACE-Hellas. You shall not remove, obscure, or deface any logo, notice, or legend of copyright, trademarks, or trade secrets from the Software or any Related Materials. You have no right to use any of ACE-Hellas’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree not to export the Software and Related Materials into a country that does not have copyright laws that will protect ACE-Hellas’s proprietary rights. From the date of receipt, You agree to use reasonable efforts to protect the Software and Related Materials from unauthorized use, reproduction, distribution, or publication.
8. Third Party Applications for the Software: If You use the Software in conjunction with applications developed by third parties, You agree that ACE-Hellas is not responsible for those applications and is not liable for any loss or damage resulting from the use of such third-party applications.
If You use a third party application licensed under an open source license in conjunction with the Software, You must ensure that its use does not: (a) create, or purport to create, obligations for ACE-Hellas or its third party licensors with respect to the Software; or (b) grant, or purport to grant, any immunities under this Agreement or rights to ACE-Hellas’s intellectual property.