License and User Agreement

1.                Subject matter

1.1.            Unified-E AG (hereinafter referred to as "Licensor") grants the use of its software product "Unified-E" through this License and User Agreement to User.

1.2.            "Unified-E" (hereinafter referred to as "the Product") contains standard software or modules (DLL files) developed by the Licensor, with which the User can access and operate endpoints (for example the controlling of machines or systems) over an Internet or LAN port.

1.3.            The product comprises the following programs (each recognized as a "Program"):

a)      "Unified-E App Manager" to be installed on a gateway PC, which allows clients to access (via smartphones or PCs) the HMI controls and facilitates the access of the HMI controls to the end points;

b)      "Unified-E App" as HMI control for use through smartphones;

c)      "Unified-E Client" as HMI control for use through Microsoft Windows PCs;

d)      "Unified-E Client" for the creation of HMI controls for smartphones and Microsoft Windows PCs, based on the specific needs of the User;

e)      Various "Endpoint Adapters" for the respective endpoints (for example the control of machines or systems).

1.4.            The "Unified Apps" are available for Android and Apple iOS from their respective app stores.

1.5.            The "Unified-E App Manager", the " Unified-E App Client”, the "Unified-E App Designer", the "Endpoint Adapter" and their corresponding documentation are available for download on the Licensor’s website.

1.6.            The download and use of these programs necessitates the User to accept this Agreement.

1.7.            The technical requirements and the supported operating systems for the installation and use of the Product or its individual programs can be found in its current description at <www.unified-e.com>.

2.                Right of Use

2.1.            The Product and its Programs are protected by copyright. All rights regarding the Product and its Programs are exclusive to the Licensor and its respective Licensors.

2.2.            During the term of this Agreement, the User has the non-exclusive, non-transferrable, non-sublicensable right to use

a)          the Programs and all corresponding documentation in accordance with the current license and use terms and

b)          the Program's open source components in accordance with section 3 hereafter.

2.3.            The User’s rights include the right to install the Program on a Windows PC or smartphone and to use said Program through the maximum allowed number of Users.

2.4.            The intended use of the Product only includes:

a)          the creation of HMI controls for the installation on a Unified-E App Manager;

b)          the installation of HMI controls created through the Unified-E App Designer on a Unified-E App Manager;

c)          the communication with endpoints using HMI controls on a Unified-E App Manager.

2.5.            The User is not authorized:

a)          to change or further develop the Product or its Programs, to use it as basis for other products or outside the legal limits, to decrypt, decompile or subject it to other procedures in order to access the source code;

b)          to sell, sublicense or otherwise distribute the Product or its Programs;

c)          to use the Product outside of the intended use;

d)          to remove copy protection, encryption, digital rights management systems, etc. from the software.

2.6.            Provided the User purchased a gateway license according to section 8.2 hereafter and subject to the agreed usage parameters (number of users and clients), the User is authorized to use the Programs for third parties (for example as a part of support services for a client) or to let third parties participate in the usage of the Programs. The User has to ensure that these third parties comply with this Agreement. He has to indemnify Licensor against all liabilities in connection with unauthorized usage of the Products and the Programs through said third parties.

3.                Open Source Software

The Product contains open source components subject to the license conditions in accordance with Appendix 1. The User shall be held liable for the violation of licensing terms regarding open source components by him or his representatives.

4.                User Restrictions and Obligations

4.1.            The Licensor cannot guarantee the flawless functioning of the Product or its Programs. The User shall thoroughly assess beforehand for which purposes and for which endpoints the Product is to be used. As a rule, the Product and the Programs shall be used as a supplement, and not as replacement, of HMI applications that the User ordinarily uses.

4.2.            The Product may not be used

a)          for purposes or in an environment in which a communication error (e.g. from a network interruption or a software bug ) may lead to material damages or injury to persons or substantial loss of assets;

b)          for endpoints intended for medical uses (e.g. devices which monitor blood-pressure or heart rate);

c)          if a communication error can alter the quality of a medication or a medical product.

4.3.            The User must ensure that

a)          the HMI controls are tested in a testing environment before commencing operations (for example in a program controlled by memory made for test purposes ) and are determined as safe;

b)          back-up copies are made of all data, applications and software (such as programs controlled by memory) located at the endpoints, before using the Product (configuration errors may cause endpoint memory to be overwritten).

5.                Availability

Some operation and communication modes of the Unified-E App Manager require access to the Licensor’s online services. The availability of these online services may be limited at times, particularly due to maintenance. The User may derive no claims due to unavailability of online services for whatever reason.

6.                Warranty and Liability

6.1.            The User is aware that any software cannot be completely fault-free. Only such defects which limit the use of the Product significantly are covered by these warranty terms.

6.2.            No warranty is given in regard to the free use of a Program.

6.3.            If the User determines within three months after the download of the Product that the purchased Program is defective in a way which significantly impairs its purpose and use according to this Agreement, the Licensor will remedy the error by providing a corrected version, or will allow the User the usage of the Product in another appropriate way. The User must report defects with sufficient documentation within 3 months of downloading the Product from the Licensor. Any further warranty is excluded.

6.4.            Problems which result from interaction with the hardware or other software used by the User, or which arise from operating errors, or are caused by intrusions into the Product, are not considered Product defects.

6.5.            Any links to websites and third-party content accessible over the Licensor’s software at www.unified-e.com are made available as a courtesy. The use of these links is done at the User’s own discretion. The Licensor is not responsible for the content published at these links.

6.6.            The Licensor is not liable for damages on a contractual, tortious or any other legal basis, nor for direct, indirect, or subsequent damages such as lost earnings, additional expenses, unrealized savings, data loss or third-party claims. The Licensor is also not to be held liable for damages caused through auxiliary persons.

6.7.            All compulsory statutory liability provisions are reserved. In each case the User must prove the Licensor's culpability.

7.                Data Protection

The User’s data will be handled confidentially and shall not be passed on to third parties. The Licensor retains the right to pass on data to service providers for operational processing purposes (e.g. accounting). Adequate data protection is additionally guaranteed through compliance with data protection laws in Switzerland, the EU, and all relevant countries, as well as through corresponding contractual regulations with the Licensor’s service providers.

8.                Duration, Termination, Delivery and License Fees

8.1.            This Agreement shall take effect at the time of the download of Program, regardless of whether or not this Program is subject to a charge.

8.2.            Upon purchase of a gateway license, the User is obligated to pay a license fee.

8.3.            Upon purchase of a gateway license, the User receives a gateway name and password, and can then login on the App-Manager. After a successful login, all functions necessary for communication with the endpoints will be activated.

8.4.            The amount of the license fee according to section 8.2 above can vary according to duration, number of clients and scope of services. It will be shown on the Licensor’s website at the time of order, and must be paid within 30 days of order or before the initial login on the App-Manager.

8.5.            The User has the option to purchase either a limited or an unlimited gateway license. The unlimited gateway license will be renewed automatically after 1 year if the User does not give a written notice of termination 3 months before the end of the one-year period. The limited license cannot be terminated and expires automatically at the end of the agreed period.

8.6.            The Licensor reserves the right to deny User access to the Product and its Programs and to terminate the Agreement prematurely, if the User employs the Licensor’s Product or services in an unlawful manner or in violation of this Agreement, or fails to pay the license fee. Any license fees already paid will not be refunded in this case.

8.7.            The User’s rights regarding use of the Product and its Programs shall expire at the end of this Agreement.

9.                Applicable Law and Jurisdiction

This Agreement is subject to Swiss substantive law under exclusion of the UN Convention on Contracts for the International Sale of Goods. The courts of the Licensor’s domicile have exclusive jurisdiction for all disputes with or in relation to this Agreement.

Winterthur, 04/04/2016


Appendix: Open Source Software

The Programs contain the following open source software. In addition to the provisions in the License and User Agreement, the following open source license provisions apply:

Unified-E Software

Open Source

component

License

Link to license provisions

All Unified-E programs

Xam.Plugins.Settings
(James Montemagno)

MIT

https://github.com/jamesmontemagno/SettingsPlugin/blob/master/LICENSE

Unified-E App Manager

DeepEqual
(James Foster)

MIT

https://github.com/jamesfoster/DeepEqual/blob/master/LICENSE.txt

Unified-E App Manager

Open.NAT
(Alan McGovern, Ben Motmans)

MIT

https://github.com/lontivero/Open.NAT/blob/master/LICENSE

Unified-E App Manager

BouncyCastle.Crypto
(The Legion of the Bouncy Castle Inc)

MIT

https://www.bouncycastle.org/csharp/licence.html

Unified-E App Manager

QrCodeNet
(George Mamaladze)

MIT

http://qrcodenet.codeplex.com/license

Modbus Adapter

NModbus4
(Scott Alexander, Dmitry Turin)

MIT

https://raw.githubusercontent.com/NModbus4/NModbus4/portable-3.0/LICENSE.txt

Unified-E App Designer

AvalonDock
(Xceed Software Inc.)

NewBSD

http://avalondock.codeplex.com/license

Siemens S7 Adapter

S7.NET
(Jürgen Schildmann)

MIT

https://github.com/killnine/s7netplus/blob/master/License.txt

Unified-E App (iOS, Android)

Zxing.Net.Mobile

Apache License 2.0

https://github.com/Redth/ZXing.Net.Mobile/blob/master/LICENSE.txt

Alle Windows-Programme

Newtonsoft.Json
(James Newton-King)

MIT

https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md


Xam.Plugins.Settings

The MIT License (MIT)

Copyright (c) 2016 James Montemagno


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


DeepEqual

The MIT License (MIT)

Copyright (c) 2014 James Foster


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


Open.NAT

The MIT License

Copyright (C) 2006 Alan McGovern

Copyright (C) 2007 Ben Motmans


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


BouncyCastle.Crypto

Copyright (c) 2000 - 2015 The Legion of the Bouncy Castle Inc. (http://www.bouncycastle.org)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


QrCode.Net

Copyright (c) 2011 George Mamaladze


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


NModbus4

The MIT License (MIT)

Copyright (c) 2006 Scott Alexander, 2015 Dmitry Turin


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


AvalonDock

Copyright (c) 2007-2013, Xceed Software Inc.

All rights reserved.


Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.


THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


S7.NET

The MIT License (MIT)

Copyright (c) 2009 Jürgen Schildmann


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


Zxing.Net.Mobile

Apache License Version 2.0, January 2004, http://www.apache.org/licenses


TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

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"Legal Entity" shall mean the union of the acting entity and all
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direction or management of such entity, whether by contract or
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outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity
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"Source" form shall mean the preferred form for making modifications,
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"Object" form shall mean any form resulting from mechanical
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"Work" shall mean the work of authorship, whether in Source or
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Newtonsoft.Json

Copyright (c) 2007 James Newton-King

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.