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Note: This Toolkit license agreement must be accepted prior to installing and using the contents of the Modbus TCP Toolkit package. This license agreement (as found on the install computer media) controls and governs the use of the Modbus TCP Toolkit package. To complete the installation and use of the Modbus TCP Toolkit package, you will be required to agree to the terms set forth below.
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (herein collectively called "AGREEMENT") CAREFULLY BEFORE OPENING THE TOOLKIT MEDIA PACKAGE OR COMPLETING THE INSTALLATION BY CLICKING "I AGREE". BY OPENING THE TOOLKIT MEDIA PACKAGE OR CLICKING "I AGREE", YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE TOOLKIT VIA THE MODBUS ORGANIZATION WEBSITE, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "I AGREE" BUTTON. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED TOOLKIT POSTAGE PREPAID TO MODBUS ORGANIZATION, INC. FOR A REFUND OR, IF THE TOOLKIT IS ACCESSED ELECTRONICALLY, THEN DO NOT SELECT "I AGREE".
1. LICENSE TO USE.
MODBUS ORGANIZATION, INC and its suppliers grant you ("Licensee") a non-exclusive and non-transferable limited license for use of the Modbus TCP Toolkit, documentation and any error corrections (collectively "Toolkit") provided by the Modbus Organization, by the type of user for which the corresponding fee has been paid. The fee for the type of user can be found on the Modbus Organization website. The terms of this limited license grant are further defined in later sections of this Agreement.
2. RESTRICTIONS.
The Toolkit is confidential and copyrighted. Title and ownership are retained by the Modbus Organization, Inc. and/or its licensors to the Toolkit and all associated intellectual property rights. Except as specifically authorized in any future Supplemental License Terms, you may make multiple copies of the Toolkit for your sole internal use. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer the binary code contained in the Toolkit. No right, license, title or interest in or to any trademark, service mark, logo or trade name of Modbus Organization, Inc. or its licensors is granted under this Agreement unless otherwise agreed upon in writing with MODBUS ORGANIZATION, INC and its licensors.
3. LIMITED WARRANTY.
Modbus Organization, Inc. warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which the Toolkit is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Toolkit is provided "USE AS IS". Your exclusive remedy and Modbus Organization's entire liability under this limited warranty will be, at Modbus Organization's option, to replace the Toolkit media or refund the fee paid for the Toolkit.
4. DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. NEITHER MODBUS ORGANIZATION NOR ITS LICENSORS WARRANTY AGAINST ANY CLAIM OF INFRINGMENT AGAINST YOU IN THE USE OR MODIFIED USE OF THE TOOLKIT OR ANY MODBUS ORGANIZATION CONTENT YOU MAY ACQUIRE. YOU USE THE TOOLKIT, MODBUS ORGANIZATION MATERIAL OR ANY MODIFICATION THEREOF AT YOUR SOLE RISK.
5. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MODBUS ORGANIZATION OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY OR INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE TOOLKIT, EVEN IF MODBUS ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Modbus Organization's liability to you, whether in contract, tort (including negligence), intellectual property or otherwise, anywhere in the world, exceed the amount paid by you for the Toolkit under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Toolkit. This Agreement will terminate immediately without notice from Modbus Organization if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of the Toolkit.
7. Export Regulations.
All Toolkit 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.
8. U.S. Government Restricted Rights.
If the Toolkit is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Toolkit and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law.
Any action related to this Agreement will be exclusively governed by Massachusetts's law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless the omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration.
This Agreement is the entire agreement between you and Modbus Organization, Inc. relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
MODBUS TCP TOOLKIT SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Toolkit License Agreement (collectively, the "Agreement").
1. Toolkit Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Modbus Technology Restrictions) of these Supplemental Terms, Modbus Organization, Inc. grants you a non-exclusive, non-transferable, limited copyright license to reproduce internally and use internally the Toolkit for the sole purpose of designing, developing and testing your Modbus drivers, function codes, and applications intended to adhere to the Modbus protocol. You may make an unlimited number of internal copies.
2. License to Distribute Toolkit Content.
Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Modbus Technology Restrictions) of these Supplemental Terms, Modbus Organization grants you a non-exclusive, non-transferable, limited copyright license to reproduce, modify and distribute the Toolkit source code.
Distribution of the source code in binary form, with or without modification, are permitted provided that the following conditions are met:
Copyright (c) 2004-2013 The Modbus Organization, Inc. All rights reserved.
2.1 Distributions are only allowed in binary form and must reproduce the above copyright notice, this list of conditions and the disclaimer in the documentation and/or other materials provided with the distribution.
2.2 The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Modbus Organization, Inc and its suppliers."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
2.3 The name "Modbus" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact the Modbus Organization Inc.
2.4 Products derived from this software may not be called "Modbus", or any derivative thereof, nor may "Modbus" appear in their name, without prior written permission of the Modbus Organization Inc.
2.5 Disclaimer: To the extent not prohibited by law, in no event will Modbus Organization or its suppliers be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use other content, even if Modbus Organization or its suppliers have been advised of the possibility of such damages. any use of the toolkit is "USE AS IS".
3. Modbus Technology Restrictions.
The only license grant under this Agreement is the limited right to use the copyrighted source code content. There is no license, of any type, conveyed to the Licensee under any Patent or Trademark owned by or licensed to the Modbus Organization, Inc. The limited license grant of this Agreement does not affect any intellectual property rights of Modbus Organization or its licensors, or those intellectual property rights the Licensee can establish.
4. Trademarks and Logos.
You acknowledge and agree as between you and Modbus Organization that Modbus Organization owns or is licensed to use the Modbus trademarks and all Modbus-related trademarks, service marks, logos and other brand designations ("Modbus Marks"), and that no license to use Modbus Marks is granted under this Agreement.
5. Termination for Infringement.
Either party may terminate this Agreement immediately should any Toolkit content, become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
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