« Close

Datasheets and User Guides

App Notes

Software & Driver

 

1.4 - End User License Agreement

AzeoTech, Inc., ("AzeoTech") licenses the accompanying software to you (referred to herein as "you" or the "end user") only upon the condition that you accept all of the terms contained within this Agreement relevant to the software. Please read the terms carefully before continuing the installation, as pressing the "Yes" button will indicate your assent to them. If you do not agree to these terms, please press the "No" button to exit the install, and return the full product with proof of purchase to AzeoTech within thirty (30) days of purchase.

I. LICENSE TERMS APPLICABLE TO ALL SOFTWARE

The following terms and conditions are applicable to any and all AzeoTech software products. The software which accompanies this Agreement is the property of AzeoTech and/or its licensors and is protected by U.S. Copyright law and state and federal trademark law, in addition to other intellectual property laws and treaties. This software is licensed to you, not sold. While AzeoTech continues to own the software, upon your acceptance of this Agreement you will have the following specifically defined rights and obligations arising from your license:

Once you have purchased a software license from AzeoTech, you may do the following:

(a) Use only one copy of the relevant software on a single computer;

(b) Make one copy of the software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(c) Use the software on a network, provided that you have a licensed copy of the software for each computer that can access the software over that network;

(d) Upon written notice to AzeoTech and your receipt of AzeoTech’s written approval, transfer the software on a permanent basis to another person or entity, provided that you retain no copies of the software, and that the transferee agrees to the terms of this Agreement.

(e) If you are an entity, you may designate one individual within your organization to have the right to use the software in the manner provided herein. The software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, or other storage device) of that computer.

The following are strictly prohibited by this Agreement:

(a) Copying the documentation which accompanies this software;

(b) The distribution of this software or copies of this software to third parties, except as provided in Section II(A) herein regarding the distribution of copies of Evaluation Software for evaluation purposes;

(c) Sublicensing, renting or leasing any portion of this software;

(d) Reverse engineering, decompiling, disassembling, modifying, or translating the software, attempting to discover the source code of the software, or creating derivative works of the software; and

(e) Using a previous version or copy of the software after you have received a disk replacement set or an upgraded version as a replacement of the prior version. Upon upgrading the software, all copies of the prior version must be immediately destroyed.

II. LICENSING TERMS RELEVANT TO SPECIFIC SOFTWARE PRODUCTS

A. DAQFactory and DAQFactory Runtime. The following provisions apply only to the use and license of all versions of DAQFactory and DAQFactory Runtime, but shall not apply to the use and license of DAQFactory Runtime in conjunction with DAQFactory-Developer, as provided in Section II(B) below, or to the use and license of DAQFactory Express, as provided in Section II(C) below.

1. AzeoTech provides a temporary version ("Evaluation Software") of DAQFactory and DAQFactory Runtime to all potential end users for a twenty-five (25) day evaluation period. At the end of the evaluation period, the Evaluation Software automatically shuts down and ceases to work unless the end user purchases a license from AzeoTech for the full versions of the products. Upon payment, AzeoTech provides the end user with a code that allows full use of the software. If at the end of the evaluation period, you have not purchased a license to use the full version of DAQFactory or DAQFactory Runtime from AzeoTech, any continued or additional use is in violation of this Agreement and of U.S. Copyright laws.

2. You may distribute the Evaluation Software to third parties for evaluation purposes only. Such copies shall be subject to the relevant terms and conditions of this Agreement in the same manner as if distributed directly by AzeoTech.

B. DAQFactory-Developer. The following provisions apply only to the use and license of DAQFactory-Developer and the use and license of DAQFactory Runtime in conjunction with DAQFactory-Developer and all documents and applications created with DAQFactory-Developer.

1. If you have purchased a license for DAQFactory-Developer, AzeoTech grants you permission to distribute your created documents and applications, together with DAQFactory Runtime, to third parties without a licensing fee. In exchange, you agree to be bound by all of the relevant terms and conditions set forth in this Agreement.

2. All third party users and recipients of documents or applications created with DAQFactory-Developer are bound by all of the terms and conditions of this agreement, and are strictly prohibited from distributing DAQFactory Runtime absent their own purchase of a license for DAQFactory-Developer. In addition, third party users and recipients are strictly prohibited from using DAQFactory Runtime to run applications other than those created with DAQFactory-Developer, except upon their purchase of a license for DAQFactory Runtime from AzeoTech.

3. Neither you nor third party users or recipients are permitted to create generic data acquisition applications using DAQFactory-Developer that would directly compete with DAQFactory or any other AzeoTech software product. This includes, but is not limited to, generic strip chart recorders, data loggers and PID loop controllers.

C. DAQFactory Express. The following provisions apply to the use and license of DAQFactory Express, a separate software product available from AzeoTech and often provided to you in association with hardware from a hardware manufacturer. Using DAQFactory Evaluation Software and selecting the Express option during start up is considered DAQFactory and subject to the provisions in Section II(A) above.

1. If you have received DAQFactory Express in conjunction with hardware from a hardware manufacturer, your license for DAQFactory Express is provided to you free of charge, by AzeoTech, through the hardware manufacturer. This license is strictly limited to your use of DAQFactory Express in conjunction with the accompanying hardware, and this program may not be used on any computer or device which does not contain the accompanying hardware. Despite the fact that you have not paid a licensing fee for this product, it is licensed software, subject to the relevant provisions of this Agreement. If you are a hardware manufacturer, you must enter into a separate agreement with AzeoTech to distribute DAQFactory Express licenses. DAQFactory Express cannot be distributed for free by simply including it with hardware.

2. DAQFactory Express is not "Evaluation Software" as defined in Section II(A) above, and accordingly, there is no 25 day time limit on its use and license. You are not permitted to distribute DAQFactory Express in any form to third parties, or upload this program onto the internet or a network which may be accessed by unlicensed third parties.

III. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

A. Support Services. AzeoTech may provide you with support services related to the software. Use of support services is governed by the AzeoTech policies and programs described in on-line documentation and other materials provided by AzeoTech. Any supplemental software code provided to you as part of the support services shall be considered part of the software and shall be subject to the relevant terms and conditions of this agreement. With respect to technical information provided to AzeoTech as a part of the support services, AzeoTech may use such information for its business purposes, including for product support and development.

B. Termination. Without prejudice to any other rights, AzeoTech may terminate this Agreement, in writing, upon your failure to comply with any of the terms and conditions of this Agreement, with such termination being effective upon your receipt of such notice. In such event, you shall immediately destroy all copies of the software and all of its component parts.

C. DISCLAIMER OF WARRANTIES. AZEOTECH EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. AZEOTECH DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. AZEOTECH HAS TAKEN PRECAUTIONS TO GUARD AGAINST COMPUTER VIRUSES, BUT DOES NOT WARRANT THAT THE SOFTWARE PROVIDED WILL BE WITHOUT ANY COMPUTER VIRUSES. YOU ASSUME ALL RESPONSIBILITY FOR ACHIEVING YOUR INTENDED RESULTS, TAKING PROPER PRECAUTIONS TO GUARD AGAINST COMPUTER VIRUSES, AND FOR THE USE AND RESULTS OBTAINED FROM THE SOFTWARE.

D. No Liability for Damages. In no event shall AzeoTech or its suppliers be liable for any damages whatsoever, including, without limitation, any special, consequential, indirect or similar damages, including damages for loss of business profits, lost data arising out of the use or inability to use the software, business interruption, loss of business information, or any other pecuniary loss, arising from or out of the use of or inability to use the AzeoTech software, even if AzeoTech has been advised of the possibility of such damage. In any case, AzeoTech’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the software. The disclaimers and limitations set forth herein will apply regardless of whether you accept the software. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

E. WARNING. AZEOTECH’S SOFTWARE IS NOT DESIGNED FOR COMPONENTS OR TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH ANY APPLICATION WHERE MALFUNCTION OF HARDWARE OR SOFTWARE COULD RESULT IN INJURY OR DEATH, OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY OR DEATH. THE SOFTWARE MUST NEVER BE USED FOR ANY PURPOSE THAT, IF THE SOFTWARE FAILED, COULD CAUSE INJURY OR DEATH TO ANY PERSON. IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE SOFTWARE CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO THE FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER VIRUSES, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILER AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OF APPLICATIONS DESIGNER (THE ADVERSE FACTORS SUCH AS THE FOREGOING EXAMPLES ARE HEREAFTER TERMED "SYSTEM FAILURE"). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY OR DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. BECAUSE EACH END-USER IS CUSTOMIZED AND DIFFERS FROM AZEOTECH TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE AZEOTECH PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY AZEOTECH, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF AZEOTECH PRODUCTS WHENEVER AZEOTECH PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.

IV. COPYRIGHT

All title and copyrights in and to AzeoTech software, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software, any printed materials, and any copies of the software are owned by AzeoTech and its suppliers. The software is protected by U.S. Copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material, subject to the terms of this agreement.

V. U.S. GOVERNMENT RESTRICTED RIGHTS

The software and documentation are provided with restricted rights. The software may constitute "commercial computer software" or "commercial computer software documentation" as those terms are used in 48 CFR 12.212. Unless otherwise agreed, the use, duplication or disclosure of such software and documentation by U.S. Government agencies is subject to the restrictions set forth in 48 CRR 52.227-14 (ALT III), 48 CFR 52.227-19 and the Defense Federal Acquisition Regulation Supplement (DFARS) 252.227.7013, as applicable, and the use, duplication or disclosure by the Department of Defense is subject to the restrictions set forth in 48 CFR 252.227-7013(c)(1)(ii) (Oct.1988). The manufacturer is AzeoTech, Inc., 443 Allison Street, Ashland, Oregon 97520.

VI. EXPORT RESTRICTIONS

You agree that you will not export or re-export the software, any part thereof, or any process or service that is the direct product of the software (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or to any national or any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You warrant and represent that neither the Bureau of Export Administration (BXA) nor any other U.S. Federal agency has suspended, revoked or denied your export privileges.

VII. GENERAL PROVISIONS

A. Entire Agreement. This Agreement contains the entire agreement of the parties, and may not be amended or modified except in writing signed by all of the parties. This Agreement supercedes any prior or contemporaneous understandings or agreements with respect to the subject matter hereof. Nothing in this Agreement shall be construed to limit any rights that AzeoTech may have under trade secret, U.S. and state trademark, copyright, patent, or other laws.

B. Non-Assignment. The end user may not assign any right or interest in this Agreement without the prior written consent of AzeoTech.

C. Divisibility. In the event that any provision of this Agreement shall be found to be invalid, unenforceable or prohibited by state or Federal law, the Agreement shall be considered divisible as to such part and all remaining provisions shall remain valid, enforceable and binding as though such part were not included in this Agreement.

D. Attorney Fees. In the event it becomes necessary for either party to file suit or instigate mediation or arbitration to enforce this Agreement or any provisions contained herein, and either party prevails in such action, then such prevailing party shall be entitled to recover, in addition to all other remedies or damages, reasonable attorney’s fees and court costs incurred in the mediation, arbitration, at trial, and on appeal in such suit.

E. Choice of Law; Venue. This agreement shall be governed by the laws of the State of Oregon. Venue for all proceedings shall be in the Circuit or Federal Court for the State of Oregon, County of Jackson.

F. Contact Information. If you have any questions concerning this Agreement, or if you desire to contact AzeoTech for any reason, please email AzeoTech at [email protected]