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EUROTECH ESF SOFTWARE
END USER LICENSE AGREEMENT
("EULA")
Eurotech Everyware TM Software Framework v6.x
This Software Evaluation End User License Agreement ("EULA") of Everyware Software Framework v6.x
is embedded in each single hardware device ("the Software Product") and accompanying
documentation is licensed and not sold. This Software Product is protected by copyright laws and
treaties, as well as laws and treaties related to other forms of intellectual property. This Software
Evaluation End User License Agreement ("EULA")
Eurotech SpA or its subsidiaries, affiliates, and suppliers ("EUROTECH" or "Licensor") own intellectual
property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy,
or change the Software Product is subject to these rights and to all the terms and conditions of this
EULA.
Please read this EULA carefully before downloading or using the software accompanying this license.
By downloading or using the software you are agreeing to be bound by all terms and conditions of this
EULA. If you are not willing to be bound by the terms of this EULA, do not download or use the software.
If you are accessing the software or services electronically, signify your agreement to be bound by the
terms of this license by clicking the "AGREE/ACCEPT" button. If you do not agree to the terms of this
license, click "DISAGREE/DECLINE".
Now, therefore, in consideration of the premises and the mutual covenants contained
herein, Eurotech and Licensee agree as follows:
1. Definitions
1.1. "Program" is defined as the following items, including the original and all whole or partial
copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content
(such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use
documents or keys, and (6) documentation.
1.2. "You" and "Your" refer either to an individual person or to a single legal entity.
1.3. This EULA is the complete agreement between You and Licensor regarding the use of the
Program. It replaces any prior oral or written communications between You and Licensor
concerning Your use of the Program. Any terms and conditions of a purchase order or other
document issued by You in connection with the order of the Product shall be superseded by
the terms and conditions of this Agreement.
2. Eurotech Software License
2.1. License Terminology
"Software" also refers to Eurotech's Everyware TM Software Framework (ESF), Version 6.x, in object code
format.
2.2. Commercial License Grant
This EULA entitles you to a worldwide, non-exclusive, non-revocable, non-transferable (except as
otherwise provided herein) license to the Software Product, for you and your affiliates' ordinary course
business use.For clarity and the avoidance of doubt, each device bears an embedded, single license to
the Software Product. This EULA does not permit the installation or use of multiple copies of the
Software Product, or the installation of the Software Product on more than one computer at any given
time, on a system that allows shared used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users. Multiple copy uses or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
2.3. Restrictions on Transfer
Without first obtaining the express written consent of Eurotech, you may not assign your rights and
obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer your rights to the Software Product.
2.4. Restrictions on Commercial Use
You may not use, copy, or install the Software Product on any system with more than one computer,
or permit the use, copying, or installation of the Software Product by more than one user or on more
than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the
Software Product on any system with more than the number of computers permitted by license, or
permit the use, copying, or installation by more users, or on more computers than the number
permitted by license. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt
to derive the source code for the Software Product.
2.5. Development License Grant
Licensor grants you a multi-user license to use the Software Product for internal testing and
development purposes. You may use multiple copies of the Software Proudct and you may install the
Software Product on a system that allows shared use of applications, or on a system of computers that
allows multiple users, provided that such use is limited to internal testing and development only.
2.6. Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its
accompanying documentation. Derivative works include but are not limited to translations. You may
not alter any files or libraries in any portion of the Software Product.
2.7. Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently
demands the creation of a temporary copy stored in computer memory and not permanently affixed
on storage medium. You may make one archival copy which must be stored on a medium other than a
computer hard drive.
2.8. Export Controls
Export laws and regulations of the United States and any other relevant local export laws and
regulations apply to the Software. Licensee agrees that such export control laws govern the use of the
Software (including technical data) and agrees to comply with all such export laws and regulations
(including "deemed export" and "deemed re-export" regulations). Licensee agrees that no data,
information, program and/or materials resulting from the usage of the Software (or direct products
thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose
prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons
proliferation, or development of missile technology.
Accordingly, Licensee agrees the following:
a) Licensee will not download, provide, make available or otherwise export or re-export the
Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor
to citizens, nationals or residents of those countries.
b) Licensee is not listed on the United States Department of Treasury lists of Specially Designated
Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated
Narcotic Traffickers, nor is listed on the United States Department of Commerce Table of Denial
Orders.
c) Licensee will not download or otherwise export or re-export the Software, directly or indirectly,
to persons on the above-mentioned lists.
Licensee will not use the Software for and will not allow the Programs to be used for, any purposes
prohibited by applicable law, including, without limitation, for the development, design, manufacture
or production of nuclear, chemical or biological weapons of mass destruction.
3. Warranty and Disclaimers
3.1. Software Warranty
Eurotech warrants that for a period of twelve (12) months (the "Software Warranty Period") the
Software Product shall perform substantially in accordance with the specifications contained in the
applicable specifications and documentation (the "Software Warranty")
3.2. Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY EUROTECH, EUROTECH MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN
AS SET FORTH IN THIS EULA OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE
SOFTWARE PRODUCT.
EUROTECH MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS
OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. EUROTECH MAKES NO WARRANTY THAT
OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM
INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS
YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND
ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR
REQUIREMENTS. EUROTECH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR
THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL EUROTECH, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS
OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE,
INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT,
BREACH OF WARRANTY, OR THE NEGLIGENCE OF EUROTECH OR ANY OTHER PARTY, EVEN IF EUROTECH
IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS EUROTECH'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
3.3. Limitation of Remedies and Damages
Your remedy for a breach of this EULA or of any warranty included in this EULA is the correction or
replacement of the Software Product. Selection of whether to correct or replace shall be solely at the
discretion of EUROTECH. EUROTECH reserves the right to substitute a functionally equivalent copy of
the Software Product as a replacement. If EUROTECH is unable to provide a replacement or substitute
Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund
of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising
under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by EUROTECH to have been caused by you. All limited warranties
on the Software Product are granted only to you and are non-transferable. You agree to indemnify and
hold EUROTECH harmless from all claims, judgments, liabilities, expenses, or costs arising from your
breach of this EULA and/or acts or omissions.
4. Governing Law, Jurisdiction and Costs
a. Unless otherwise provided, the present EULA is governed by the Laws of Italy, with the exclusion
of the Vienna Convention on the International Sale of Goods and of the Laws of conflicts.
b. In case of a dispute caused by or raised in relation to this EULA, the controversy shall be
submitted exclusively to the competent Court where Eurotech has its registered office.
c. Notwithstanding the above-mentioned provisions, if Eurotech is involved in a controversy by a
third-party initiative, it will be entitled to take the Licensee in front of the proceeding judge, and
to apply the Laws in force in the country where the controversy is pending. Notwithstanding
the above-mentioned provisions, the Eurotech is always entitled to start the procedure in front
the Licensee's competent court and ask the Licensee's country Laws in force to be applied.
5. Severability
If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA
shall remain in full force and effect. To the extent any express or implied restrictions are not permitted
by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum
extent permitted by such applicable laws.
6. Intellectual Property
Except to the extent otherwise mandated by applicable law, Licensee will not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object
code or underlying structure, ideas or algorithms of the Product or any technology related to the
Product ("Technology", including any user documentation); modify, translate, or create derivative
works based on the Product or Technology; or copy (except for archival purposes), rent, lease,
distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or Technology; use
the Product for timesharing or service bureau purposes or otherwise for the benefit of a third party; or
remove any proprietary notices or labels with respect to the Product. Except to the extent otherwise
mandated by applicable law, Licensee will not divulge the Technology to any third party and User will
not use the Product or Technology or access to them in order to (A) build a competitive product or
services, (B) build a product or service using similar ideas, features, functions or graphics of the Product
or (C) copy any ideas, features, functions or graphics of the Product. EUROTECH retains all rights in the
Product and Technology. Licensee shall NOT sell, lease, share, transfer, or sublicense the Product or
access or derive income from the use or provision of the Product, whether for direct commercial or
monetary gain or otherwise, unless You are licensed as a reseller or the EUROTECH gives prior, express,
written permission.
7. Software Updates
The Product from EUROTECH may automatically download and install updates from time to time. These
updates are designed to improve, enhance and further develop the Product Services and may take the
form of bug fixes, enhanced functions, new software modules and completely new versions. You agree
to receive such updates (and permit EUROTECH to deliver these to you) as part of your use of the
Product Services. You acknowledge and agree that while EUROTECH may or may not currently have set
a fixed upper limit on the number of transmissions you may send or receive through the Product
Services or on the amount of storage space used for the provision of any Product Service, such fixed
upper limits may be set by EUROTECH at any time, at EUROTECH's discretion.
8. Support
8.1. First Year Support from Date of Purchase (DOP)
- Included in the Software Warranty
- Applies to any software release of Everyware Software Framework (ESF)
- Duration: This is the 1-year standard support period starting from DOP.
- Renewable: NO. Customer can optionally purchase an Eurotech Support Program.
8.2. Standard Support Subscription Plan
- Optional package that can be purchased before the warranty period expires.
- Applies to any software release of Everyware Software Framework (ESF).
- Duration: three years total, starting from the date of purchase.
- Renewable: YES, in 1-year increments. No limits.
9. Final Provisions
a) Nothing contained in this EULA shall be construed to limit Eurotech's rights to modify the
Software.
b) Eurotech is an independent contractor and is understood that no partnership, joint venture or
agency relation exists with the Licensee.
10. Third Party Code
The Program and future updates and fix packs to the Program may contain certain Third Party
components which are provided to You under terms and conditions which are different from this EULA
6(a "Third Party License"), or which require EUROTECH or Third Parties that provide EUROTECH products
to provide You with certain notices and/or information. For each such Third Party component, either
EUROTECH or Third Parties will identify such Third Party component in a "README" file (or in an
updated "README" file accompanying the fix pack or update), or in a file or files referenced in such
"README" files (and shall include any associated license agreement, notices and other related
information therein).
The Third Party component may contain or be accompanied by its own Third Party License (which may,
for example, be provided when installing or starting such component, or accompanying such
component in a file entitled "README", "COPYING", "LICENSE" or a substantially similar title, or
included among the Program's paper documentation, if any).
To the extent so stipulated by a Third-Party License governing a Third-Party component, such
component is licensed directly to You from the component's licensors and not sublicensed from
EUROTECH, and such component is subject to its respective Third-Party License, not to this License. If,
and to the extent, a Third Party License requires that this License effectively impose, or incorporate by
reference, certain disclaimers, permissions, provisions, prohibitions or restrictions, then such
disclaimers, permissions, provisions, prohibitions or restrictions shall be deemed to be imposed, or
incorporated by reference into this License, as required, and shall supersede any conflicting provision
of this License, solely with respect to the corresponding Third Party component which is governed by
such Third Party License.
If, and to the extent, a Third Party License requires that the source code of its corresponding Third Party
component be made available to You, and such source code was not delivered to You with the Program,
then EUROTECH hereby extends a written offer, valid for the period prescribed in such Third Party
License, to obtain a copy of the source code of the corresponding Third Party component.
Your use of such Program in which such Third-Party components are used, included or integrated,
constitutes your acceptance of their respective Third-Party Licenses. Third Party components may not
be separated from Eurotech's Everyware Software Framework for use in a standalone environment or
with other applications.
The Program may contain some or all of the following third-party components:
1) Eclipse Kura;
2) Apache Commons-beanutils;
3) Apache Commons-collections;
4) Apache Commons-csv;
5) Apache Commons-exec;
6) Apache Commons-lang3;
7) Apache Commons-net;
8) Apache Felix;
9) Apache Logging;
10) Apache Qpid;
11) Apache Servicemix;
12) Eclipse Core;
13) Eclipse Equinox;
14) Eclipse Jetty;
15) Eclipse OSGI;
16) Jboss;
17) Json;
18) JavaX;
19) Google gson;
20) Google guava;
21) Google protobuf;
22) Eclipse jaxrs;
11. TERM AND TERMINATION
Unless terminated under this Agreement, this EULA shall continue in effect indefinitely.
EUROTECH or its supplier may terminate this EULA if you fail to comply with any of the terms and
conditions of this Agreement.
On termination of this EULA for any reason, all your rights granted under this EULA shall be
automatically terminated and you shall promptly cease to use all the Program and, at your costs, i) shall
promptly return all copies of the Program to EUROTECH or its supplier or ii) shall promptly destroy all
copies of the Program and submit to EUROTECH or its supplier a certificate testifying that all copies of
the Program have been destroyed.
12. Acceptance
If you are accessing the software or services electronically, signify your agreement to be bound by the
terms of this license by clicking the "AGREE/ACCEPT" button. If you do not agree to the terms of this
license, click "DISAGREE/DECLINE".