License

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Copyright © 2016 Sohatex GmbH. All rights reserved.

END-USER LICENSE AGREEMENT FOR CRIISTAL SOFTWARE

IMPORTANT - READ CAREFULLY:

This End-User License Agreement (hereinafter: EULA) is a legal agreement between you (either an individual or a single entity) and SOHATEX GMBH for the CRIISTAL Software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation (hereinafter: CRIISTAL software).

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

Grant of License

SOHATEX GMBH grants you the following rights provided that you comply with all terms and conditions of this EULA:

Installation and Use

You may install, use, access, display, run and otherwise interact (hereinafter: run) the CRIISTAL software for purpose of data collection and control tasks only with a valid license. The software can be used:

  • One single computer, such as a workstation or measurement instrument (hereinafter: Computer). The software is licensed to unique computer IDs. You are allowed to change the measurement hardware (in case of failure) limited by the software license.
  • Specific measurement hardware (such as cDAQ, cRIO, measurements cards, CAN or other device). Software is licensed to the serial number(s) of measurement hardware. You can use the software on any computer (for example same USB measurement device with any laptop), but can’t change the measurement hardware to which the software is licensed.

Software Licensing

You can license the CRIISTAL Software through the use of the Internet. You may also need to reactivate the CRIISTAL Software if you modify your computer hardware or reinstall your operating system. There are technological measures in this CRIISTAL Software that are designed to prevent unlicensed use of the CRIISTAL Software. SOHATEX GMBH will use those measures to confirm you have a legally licensed copy of the CRIISTAL Software. If you are not using a licensed copy of the CRIISTAL Software, you are not allowed to install the CRIISTAL Software or future CRIISTAL Software updates. SOHATEX GMBH will not collect any personally identifiable information from your Computer during this process.

Reservation of Rights

All rights not expressly granted are reserved by SOHATEX GMBH.

Description of other rights and limitations

Separation of Components

The CRIISTAL Software is licensed as a single product. Its component parts may not be separated for use on more than one Computer.

Support Services

SOHATEX GMBH may provide you with support services related to the CRIISTAL Software (hereinafter: Support Services). Use of Support Services is governed by the SOHATEX GMBH policies and programs described in the user manual, in “online” documentation, and/or in other materials provided by SOHATEX GMBH. Any supplemental software code provided to you as part of the Support Services shall be considered part of the CRIISTAL Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to SOHATEX GMBH as part of the Support Services, SOHATEX GMBH may use such information for its business purposes, including for product support and development. SOHATEX GMBH will not utilize such technical information in a form that personally identifies you.

Copyright

All title and copyrights in and to the CRIISTAL software (including but not limited to any images, animations, video, audio, text, and “plugins” incorporated into the CRIISTAL software), the accompanying printed materials, and any copies of the CRIISTAL software are owned by SOHATEX GMBH or its suppliers unless otherwise noted. All title and intellectual property rights in and to the content which may be accessed through use of the CRIISTAL software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this CRIISTAL software contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the CRIISTAL software.

Reservation of right and ownership

SOHATEX GMBH reserves all rights not expressly granted to you in this EULA. The CRIISTAL Software is protected by copyright and other intellectual property laws and treaties. SOHATEX GMBH or its suppliers own the title, copyright, and other intellectual property rights in the CRIISTAL Software. The CRIISTAL Software is licensed, not sold.

Limitations on reverse engineering, decompilation and disassembly

You may not reverse engineer, decompile or disassemble the CRIISTAL Software.

No rental/commercial hosting

You may not rent, lease, lend or provide commercial hosting services with the CRIISTAL Software.

Consent to use data

You agree that SOHATEX GMBH and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the CRIISTAL Software. SOHATEX GMBH may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

Additional software/services

This EULA applies to updates, supplements, add-on components, of the CRIISTAL Software that SOHATEX GMBH may provide to you or make available to you after the date you obtain your initial copy of the CRIISTAL Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. SOHATEX GMBH reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the CRIISTAL Software.

Upgrades

If the CRIISTAL Software is labeled as an upgrade, you must be properly licensed to use a product identified by SOHATEX GMBH as being eligible for the upgrade in order to use the CRIISTAL Software. A CRIISTAL Software labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the CRIISTAL Software is an upgrade of a component of a package of software programs that you licensed as a single product, the CRIISTAL Software may be used and transferred only as part of that single product package and may not be separated for use on more than one Computer.

Not for resale software

CRIISTAL Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

High risk activities

The Firmware or Software is not fault-tolerant and is not designed, manufactured or intended for any use in any environment that requires failsafe performance in which the failure of the Software could lead to death, personal injury or significant property damage (“High Risk Activities”). Such environments include, among others, control systems in a nuclear, chemical, biological or other hazardous facility, aircraft navigation and communications, air traffic control, and life support systems in a healthcare facility. You assume the risks for your use of the Software in any such High Risk Activities.

Termination

Without prejudice to any other rights, SOHATEX GMBH may terminate this EULA if you fail to comply with all the terms and conditions of this EULA. In such event, you must destroy all copies of the CRIISTAL Software and all of its component parts.

Disclaimer of warranties

SOHATEX GMBH and its suppliers provide the CRIISTAL Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the CRIISTAL Software, and the provision of or failure to provide support or other services, information, software, and related content through the CRIISTAL Software or otherwise arising out of the use of the CRIISTAL Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

Exclusion of incidental, consequential and certain other damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOHATEX GMBH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CRIISTAL SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, CRIISTAL SOFTWARE, AND RELATED CONTENT THROUGH THE CRIISTAL SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE CRIISTAL SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SOHATEX GMBH OR ANY SUPPLIER, AND EVEN IF SOHATEX GMBH OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

This EULA is governed by the laws of Republic of Austria and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Vienna, Austria.

Entire agreement; severability

This EULA (including any addendum or amendment to this EULA which is included with the CRIISTAL Software) is the entire agreement between you and SOHATEX GMBH relating to the CRIISTAL Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the CRIISTAL Software or any other subject matter covered by this EULA. To the extent the terms of any SOHATEX GMBH policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

The CRIISTAL Software also includes any updates and supplements to the original CRIISTAL Software provided to you by SOAHTEX GMBH. Any software provided along with the CRIISTAL Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the CRIISTAL Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the CRIISTAL Software.

Should you have any questions concerning this EULA, or if you desire to contact SOHATEX GMBH for any reason, please contact the SOHATEX GMBH subsidiary serving your country, visit SOHATEX GMBH on World Wide Web at http://www.sohatex.com or write:

SOHATEX GMBH Getreidemarkt 9, 1060 Vienna, Austria

Other Licenses

CRIISTAL incorporates parts of the OpenG software package, which are licensed under the following terms:

-- Start of OpenG License

Copyright (c) 2002, Jean-Pierre Drolet <drolet_jp@hotmail.com> Copyright (c) 2002-2006, Jim Kring <jim@jimkring.com>

All rights reserved.

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 SciWare, James Kring, Inc., 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 OWNER 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.

-- End of OpenG License