End user agreement for XRatel Performance Suite
END-USER LICENSE AGREEMENT FOR XRATEL PERFORMANCE SUITE
IMPORTANT — READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and XRATEL SOFTWARE for the software that accompanies this EULA, (as listed on section 17, which include the physical media, if applicable, and services available over the Internet by XRATEL SOFTWARE) and it’s associates (designated as "Software"). An amendment or addendum to this EULA may accompany the SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING OR USING IT, THE USER AGREED TO BE BOUND BY THE TERMS OF THIS EULA.
IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1 - GRANT OF LICENSE.
XRATEL SOFTWARE grants you the following rights provided that you comply with all terms and conditions of this document:
1.1 - Installation and use.
XRATEL SOFTWARE grants you one limited license and not exclusive for:
(a) install and use 01 (one) copy of the SOFTWARE SERVER (Server Installation) and the SOFTWARE CLIENT (Client Installation) on one personal computer (MONITORING SERVER);
(b) install and use unlimited copies of the SOFTWARE CLIENT (Client Installation) on any other computers or compatible devices, for the exclusive use to remotely connect on the SOFTWARE SERVER mentioned above.
XRATEL SOFTWARE reserves all rights not expressly granted to you in this EULA.
1.2 - License Grant for Remote Assistance/Support.
You may permit any device to access and use your licensed copy of the Software for the only purpose of providing you with technical support and maintenance services.
1.3 - License Grant for Documentation.
XRATEL SOFTWARE grants you license for the documentation which is included in the Software and in XRATEL SOFTWARE website for personal or internal use only. You cannot use the available documentation for commercial purposes and you cannot distribute it either.
2 - DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 - Software Protection.
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE. You may not be able to exercise your rights to the Software under this EULA after a finite time unless you get a full version copy of the Software by contacting XRATEL SOFTWARE when the trial period ends. XRATEL SOFTWARE will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. XRATEL SOFTWARE will not collect any personally identifiable information from your device during this process.
2.2 - Internet-Based Services.
You may not use any XRATEL SOFTWARE Internet-based services associated with the Software in any manner that could disable, damage, impair, overburden or such services or interfere with any other party's use and enjoyment of them. You may not attempt to get unauthorized access to any service, account, computer or networks systems associated with XRATEL SOFTWARE Internet-based services.
3 - REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY LIMITATIONS.
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 presented limitation.
4 - RESERVATION OF OWNERSHIP AND RIGHTS.
XRATEL SOFTWARE reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. XRATEL SOFTWARE or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of XRATEL SOFTWARE and its associates.
5 - NO RENTAL OR LEASE.
You are not allowed to rent, lend or lease this software or any parts of it.
6 - CONSENT TO USE OF DATA.
You agree that XRATEL SOFTWARE 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 Software. XRATEL SOFTWARE may use this information exclusively 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.
7 - LINKS TO THIRD PARTY WEBSITES.
XRATEL SOFTWARE is not responsible for:
(a) the contents of any third-party websites or services;
(b) any links contained in third-party websites or services;
(c) or any changes or updates to third-party websites or services.
XRATEL SOFTWARE is providing these links and access to third-party websites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by XRATEL SOFTWARE of the third-party website or service.
8 - UPGRADES.
To use Software identified as an upgrade, you must first be licensed for the software identified by XRATEL SOFTWARE as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software. XRATEL SOFTWARE will grant free upgrades to the Software within 01 (one) year after the license purchase. After this period, you must contract XRATEL SOFTWARE SMS (Service, Maintenance and Support) to receive free upgrades to the Software.
9 - TECHNICAL SUPPORT
XRATEL SOFTWARE will provide you technical support by email within 01 (one) year after the license purchase. After this period, you must contract XRATEL SOFTWARE SMS (Service, Maintenance and Support) to receive technical support.
10 - ADDITIONAL SOFTWARE AND SERVICES.
This EULA applies to updates, upgrades, supplements, add-on components, or Internet-based services components, of the Software that XRATEL SOFTWARE may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. XRATEL SOFTWARE reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
11 - NOT FOR RESALE SOFTWARE.
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.
12 - SEPARATION OF SOFTWARE COMPONENTS.
Although the Software is composed by a SOFTWARE SERVER and a SOFTWARE CLIENT, it is licensed as a single product. The component parts of the SOFTWARE SERVER may not be separated for use on more than one device/computer. The SOFTWARE CLIENT can be installed and used in more than one computer, but its component parts also cannot be separated.
13 - SOFTWARE TRANSFER TO ANOTHER DEVICE/COMPUTER.
You may transfer your copy of the SOFTWARE SERVER and/or SOFTWARE CLIENT to a different device/computer only if you remove the SOFTWARE SERVER and/or SOFTWARE CLIENT from the former device and follow all conditions specified by this EULA, especially conditions described on section 1 of this document.
14 - SOFTWARE RIGHTS TRANSFER.
If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
15 - TERMINATION.
XRATEL SOFTWARE may terminate this contract if the user ignores any terms and conditions of this EULA. In this case the user will lose the license and must return to XRATEL SOFTWARE all copies of this Software and all related components.
16 - DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears below is the only express warranty made to you and is provided here of any other express warranties or similar obligations (if any) created by any advertising, packaging, documentation, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, XRATEL SOFTWARE and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, statutory, or implied, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability.
XRATEL SOFTWARE WARRANTY: The warranty is not restricted to any country and does not affect any legal rights that user might have from a local reseller or XRATEL SOFTWARE, if the user acquired this software directly from XRATEL SOFTWARE.
WARRANTY. You acknowledge that this Software is for general use and not for a particular use. You also acknowledge that no Software is error-free and therefore you are responsible for making backup copies of your files regularly. If the user acquired a valid license, XRATEL SOFTWARE grants that any eventual service from XRATEL SOFTWARE Technical Support will be available to the user by XRATEL SOFTWARE as described in documents and XRATEL SOFTWARE Technical Support Teams will make all efforts to solve any problems that may happen.
If the Software does not follow the WARRANTY, XRATEL SOFTWARE will take one of the following actions:
i) fix or replace the Software
ii) give a proportional discount in the Software price. This warranty will be void if the cause of problem was resulted from accidents or misuse. Any Software replacement will be granted during the remaining warranty period or for 30 (thirty) days. You acknowledge that the above warranty is your only warranty regarding this software.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XRATEL SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR LOSS OF PRIVACY, FOR PERSONAL INJURY, 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 SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, SOFTWARE, INFORMATON, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, BREACH OF CONTRACT OR BREACH OF WARRANTY OF XRATEL SOFTWARE OR ANY SUPPLIER, AND EVEN IF XRATEL SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17 - LICENSES DESCRIPTION
XRATEL PERFORMANCE SUITE Version 5.0 is composed by the following modules:
- SOFTWARE SERVER:
• Integrated Launcher
• Server Configuration
• Historian Server
• OPC Server
• OPC Server Monitor
- SOFTWARE CLIENT:
• Integrated Launcher
• Tag Explorer
• Health Analyst
• XRatel Reports