Appendix A - End User License Agreement

 

*** END USER LICENSE AGREEMENT ***

 

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

1. LICENSE

 

By receiving, opening the file package, and/or using Gen7 Systems SCADASuite("SCADASuite") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

 

Unless you have a different license agreement signed by Gen7 Systems your use of SCADASuite indicates your acceptance of this license agreement and warranty.

 

Subject to the terms of this Agreement, Gen7 Systems grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SCADASuite in accordance with this Agreement and any other written agreement with Gen7 Systems. Gen7 Systems does not transfer the title of SCADASuite to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Gen7 Systems and the purchasers or users of SCADASuite.

 

If you do not agree to be bound by this agreement, remove SCADASuite from your computer now and, if applicable, promptly return to Gen7 Systems by mail any copies of SCADASuite and related documentation and packaging in your possession.

 

2. DISTRIBUTION

 

SCADASuite and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of SCADASuite contact Gen7 Systems.

 

3. USER AGREEMENT

 

3.1 Use

 

Your license to use SCADASuite is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of App SCADASuite.

 

3.2 Use Restrictions

 

You shall use SCADASuite in compliance with all applicable laws and not for any unlawful purpose.

 

3.3 Copyright Restriction

 

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SCADASuite. Nor can you create any derivative works or other works that are based upon or derived from SCADASuite in whole or in part.

 

Gen7 Systems' name, logo and graphics file that represents SCADASuite shall not be used in any way to promote products developed with SCADASuite. Gen7 Systems retains sole and exclusive ownership of all right, title and interest in and to SCADASuite and all Intellectual Property rights relating thereto.

 

Copyright law and international copyright treaty provisions protect all parts of SCADASuite, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Gen7 Systems.

 

3.4 Limitation of Responsibility

 

You will indemnify, hold harmless, and defend Gen7 Systems, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Gen7 Systems' Software.

 

In no event (including, without limitation, in the event of negligence) will Gen7 Systems, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SCADASuite or the use or inability to use SCADASuite or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

 

Gen7 Systems' entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Gen7 Systems) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Gen7 Systems.

 

3.5 Warranties

 

Except as expressly stated in writing, Gen7 Systems makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

 

3.6 Governing Law

 

The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Alberta for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Alberta.

 

3.7 Termination

 

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SCADASuite and destroy all copies of SCADASuite supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

 

3.8 Severibility

 

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

 

3.9 Force Majeure

Gen7 Systems will be free of liability to the Licensee where Gen7 Systems is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Gen7 Systems  has taken any and all appropriate action to mitigate such an event.

 

4. DISCLAIMER OF WARRANTY

 

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SCADASuite AS WELL.

 

5. CONSENT OF USE OF DATA

 

You agree that Gen7 Systems may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to SCADASuite. Gen7 Systems may also use this information to provide notices to you which may be of use or interest to you.