MES by Sepasoft® Software License Agreement
Table of Contents:
- MES by Sepasoft® Software License Agreement
- THIRD PARTY LICENSES AND COPYRIGHT NOTICES
- MES by Sepasoft® Software License Agreement IMPORTANT – READ CAREFULLY: THIS MES BY SEPASOFT (THE “SOFTWARE”) SOFTWARE LICENSE AGREEMENT (“SLA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SEPASOFT, INC. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE SLA, INCLUDING THE LIMITED WARRANTY, DISCLAIMERS AND LIMITATION ON LIABILITY PROVISIONS. BY AGREEING TO THIS SLA YOU ARE ALSO AGREEING TO THE INDIVIDUAL SEPASOFT SOFTWARE MODULE LICENSE AGREEMENT (SEPASOFT MLA) AND THE RELEVANT THIRD PARTY SOFTWARE LICENSING AGREEMENTS FOR ANY OF THE MODULES YOU ARE UTILIZING. FURTHER, YOU AGREE THAT THIS SLA CONTROLS ALL ASPECTS OF THE RELATIONSHIP BETWEEN THE PARTIES WITH REGARD TO THE LICENSING OF THE SOFTWARE AND SUPERSEDES ANY OTHER AGREEMENT BETWEEN YOU AND SEPASOFT, INCLUDING, BUT NOT LIMITED TO, LICENSEE PURCHASE ORDERS AND/OR TERMS AND CONDITIONS, AND WHETHER ENTERED INTO BEFORE OR AFTER YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT DON’T INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
Copyright © 2011-2018. Sepasoft. All rights reserved.
BY DOWNLOADING, INSTALLING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE:
- “Software” refers to modules supplied by Sepasoft that are installed on the Ignition platform by Inductive Automation.
- “You” and “Licensee” refers to the person, entity or organization which is using the Software and any successor or assignee of same.
- “Sepasoft” refers to Sepasoft, Inc and its successors or manufacturer and owner of this Software.
- AGREEMENT. After reading the SLA, if You do not agree to all of the terms of the SLA, You may not use the Software. Unless You have a different license agreement signed by an authorized representative of Sepasoft that covers the licensing of the Software, your use of this Software indicates your acceptance of the terms of this SLA, including, but not limited to, the warranty, disclaimers and limitations on liability provisions. All updates to the Software shall be considered part of the Software and subject to the terms of the SLA. Revisions to this SLA may accompany updates to the Software, in which case by installing such update, Customer accepts the terms of the SLA as revised. The SLA is not otherwise subject to addition, amendment, modification or exception unless in writing signed by You and an authorized representative of Sepasoft. If you do not agree to the terms of this SLA, do not install or use the Software.
- GRANT OF LICENSE. The Software is an original work and protected by copyright laws protecting the author’s rights and intellectual property. Sepasoft reserves all rights to any reproduction of the Software, including its documentation, logos, trademarks, icons and interface in whole or in part. This SLA does not give You the right to any technical support for, or upgrades to, the Software which Sepasoft may offer from time to time. Sepasoft may, at its option and as part of its sales policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by Sepasoft.
- Evaluation Copy. You may use the Software without charge on an evaluation basis. In the unregistered version your use is limited by providing a two hour runtime only. You must pay the license fee and activate your copy of the Software if you wish to use the Software without any limitation.
- Redistribution of Evaluation Copy. If You are using the Software on an evaluation basis, You may make copies of the evaluation Software as you wish; give exact copies of the original evaluation Software to anyone; and distribute the evaluation Software in its unmodified form via electronic means (Internet, BBS’s, Shareware distribution libraries, CD-ROMs, etc.). You may not charge a fee for the copy or use of the evaluation Software itself, but You may charge a distribution fee that is reasonably related to any cost You incur distributing the evaluation Software (e.g. packaging). You must not represent in any manner whatsoever that You are selling the Software itself. Your distribution of the evaluation Software will not entitle You to any compensation from Sepasoft. You must distribute a copy of this SLA with any copy of the Software. Anyone to whom You distribute the Software is subject to this SLA.
- Registered Copy. After You have purchased the license for the Software and have received the serial number enabling the registered copy of the Sepasoft modules, You are licensed to copy the Software only into the memory of the number of computers corresponding to the number of licenses purchased. Under no other circumstances may the Software be operated at the same time on more than the number of computers for which You have paid a separate license fee. You may terminate this license at any time by destroying the original and all copies of the Software in whatever form you maintained it in. You may permanently transfer all of your rights under this SLA provided You transfer all copies of the Software (including copies of all prior versions if the Software is an upgrade) and retain none, and the recipient agrees to the terms of this SLA. You acknowledge that you understand that use the MES by Sepasoft requires Ignition by Inductive Automation® and that You must obtain a separate commercial use license from Inductive Automation.
- Virtual Machines. If you plan to run the Software in multiple virtual computers or virtual servers, a license is required for each instance of the virtual computer or server where the Software will be installed. If you plan to install the Software in the host operating system of the computer where the virtual machines are running, a license will also be required for the host operating system.
- License Versions
- Site Version. If you plan to configure the Software for multiple physical production sites, a site license is required for each physical production site. A site license grants you the right to configure unlimited machines within reason.
- Machine Version. If you plan to configure the Software for multiple machines, a machine license is required for each machine.
- RESTRICTIONS. You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease or lend the Software. You may not publish or publicly distribute any serial numbers, access codes, unlock-codes, passwords, or other end-user-specific registration information that would allow a third party to activate the Software without a valid license.
- COMMERCIAL USE. You acknowledge that you understand that if You use the MES by Sepasoft GATEWAY in a manner that results in the functionality of your application being substantially provided by third party modules, You must obtain a separate commercial use license for the Software from Sepasoft.
- HOSTED SYSTEMS. You acknowledge that you understand that hosted commercial systems for use by more than a single physical manufacturing site You must obtain an additional hosted system license. If you are using the Software in this manner, You will contact the Inductive Automation sales department immediately for pricing.
- APPLICATION OF THE MOST RECENT SLA. You acknowledge that You shall comply with the most recent version of the SLA and shall regularly check for updates to the SLA by clicking here: https://sepasoft.com/license
- OWNERSHIP OF SOFTWARE AND COPYRIGHTS. The Software is copyrighted and protected by the laws of the United States and other countries and through international treaty provisions. You may not remove any copyright notices from the Software. Sepasoft may make changes to the Software at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided in this SLA, Sepasoft grants no express or implied right under Sepasoft patents, copyrights, trademarks or other intellectual property rights.
- PROHIBITIONS. Ownership of all copies of the Software remains with Sepasoft. You are not obtaining ownership of the Software or any intellectual property rights related to it by licensing the Software. You may not sublicense, rent, lease, convey, translate, decompile or disassemble the Software for any purpose. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. You may not convert this Software or its parts to a different computer language or environment, either manually, or using an automated conversion tool, such that this Software or any modification thereof will run under any language, software, or program other than implemented by Sepasoft. You agree that any modifications made to this Software belong to Sepasoft and are permitted for your exclusive use during the period of this SLA, and may not be transferred, sold or licensed to another entity.
- WARRANTY. Sepasoft warrants that it is the owner of the Software or has the right to grant the described in this SLA without violating the rights of any third party.
- DISCLAIMER. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF: (a) MERCHANTABILITY; (b) FITNESS FOR A PARTICULAR PURPOSE; AND (c) NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR.
- LIMITATION OF LIABILITY. NEITHER SEPASOFT NOR ANYONE INVOLVED IN THE PRODUCTION OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF SEPASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL SEPASOFT LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
- EXPORT RESTRICTIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. These laws include restrictions on destinations, end users and end use.
- TERMINATION. This SLA is effective until terminated. This SLA terminates on the date of the first occurrence of either of the following events: (1) The expiration of one month from written notice of termination from You to Sepasoft; or (2) At any time if You violate the terms of this SLA. Upon termination, You shall destroy all copies of the Software, including modified copies if any. You agree that monetary damages alone is not an adequate and just relief resulting from any breach of this SLA, that a court order prohibiting any further breach of this SLA is necessary to prevent further damages, and that you will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Sepasoft in the event of a breach of this SLA. Sepasoft shall not be required to notify You of any breach, nor make any demand or claim against You resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this SLA, and You agree that any breach of this SLA and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Sepasoft to enforce its rights pursuant to this SLA shall not constitute a waiver of such rights and shall not prejudice Sepasoft in any later enforcement of its rights or rights to seek damages therefrom.
- UPGRADES. If You acquired this Software as an upgrade of a previous version, this SLA replaces and supersedes any prior SLA. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. You may not have a previous version and the related upgrade version installed on separate computers at any time. Once you have installed the upgrades and are satisfied that the upgrades are operating correctly, You agree to uninstall any prior versions of the Software from all computers on which it was previously installed.
- ENTIRE AGREEMENT. This SLA is the entire agreement between You and Sepasoft relating to your use of the Software and supersedes all prior written or oral statements, promises, representations, and agreements.
- GOVERNING LAW. The SLA shall be governed by the laws of the State of California. Any action or proceeding brought by either party against the other arising out of or related to this SLA shall be brought only in a state or federal court of competent jurisdiction located in Sacramento County, California. The parties hereby consent to the jurisdiction of such courts.
- RIGHT TO IDENTIFY CUSTOMER IN MARKETING MATERIALS You agree that Sepasoft may use your name (and logo if applicable) in its marketing materials solely for the purpose of identifying customers of Sepasoft who have purchased its software. No explicit representations or warranties shall be made regarding Your recommendation or endorsement of the Software.
2. THIRD PARTY LICENSES AND COPYRIGHT NOTICES The Software may contain software from the following entities, whose inclusion is governed by the following third-party licenses and require the following copyright notices.
- Ignition – The Software requires the Ignition platform by Inductive Automation. This software is licensed under the IASLA license at https://inductiveautomation.com/ignition/license
- Apache Commons – The Software contains various projects bundled under the Apache Commons. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://www.apache.org/licenses/LICENSE-2.0
- Google GSON – The Software contains the Google GSON Library, found at http://code.google.com/p/google-gson/. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://www.apache.org/licenses/LICENSE-2.0
- Google Guava – The Software contains the Google Guava Library, found at http://code.google.com/p/guava-libraries/. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license athttp://www.apache.org/licenses/LICENSE-2.0
- Google Guice – The Software contains the Google Guice Library, found at http://code.google.com/p/google-guice/. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://www.apache.org/licenses/LICENSE-2.0
- JFreeChart – JFreeChart Copyright © 2000-2009, by Object Refinery Limited and Contributors.
- Joda-Time – The Software contains the Joda-Time library, which is protected under the Apache License, Version 2.0. You can get the full source code for the Joda-Time library at: http://www.joda.org/joda-time/. A copy of the Apache License, Version 2.0 can be obtained at http://www.apache.org/licenses/LICENSE-2.0
- JSON – Copyright © 2002 JSON.org
- Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
- The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
- The Software shall be used for Good, not Evil.
- THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- MiG Layout – MiG Layout Copyright © 2007 MiG InfoCom AB
- Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the MiG InfoCom AB nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- HttpAsyncClient – The Software contains various projects bundled under the Apache HttpAsyncClient. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://www.apache.org/licenses/LICENSE-2.0
- XMLSchema – The Software contains the XMLSchema library. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://ws.apache.org/xmlschema/license.html
- WSDL4J – The Software contains the WSDL4J library. This software is licensed under the Common Public License – v 1.0. You can get the full source code for the wsdl4j library at: https://sourceforge.net/projects/wsdl4j/
- XMLSEC – The Software contains the XMLSEC library. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://www.apache.org/licenses/LICENSE-2.0
- WSS4J – The Software contains the WSS4J library. This software is licensed under the Apache License, Version 2.0. You may obtain a copy of the license at http://ws.apache.org/wss4j/license.html