This End User License Agreement is a legal agreement between you and ABB for the Product identified below.
BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT ENTITLED TO INSTALL OR USE THE PRODUCT.
1. The product
For the purposes of this agreement, the term “Product” shall mean all software and related information provided by ABB under this agreement including but not limited to ABB proprietary module for Arctic Patrol (m2msys, viola-m2mgw-base, viola-centos-configuration, viola-m2mgw, viola-php-common).
The Product includes computer software and may include a License Key, associated media printed materials, and online or electronic documentation.
Product software can delivered as such or as a part of hardware product (ARM600). The form of delivery is agreed between the Parties.
The term “System of Computers” shall mean a system of one or more interconnected computers on which the Product software is installed and configured such that the computers cooperate as a system to perform the functions of the Product.
The Product may include software, which is owned by a third party. For such software separate license terms and conditions may apply which you agree to comply with.
2. Grant of license
ABB grants you the following non-exclusive and restricted rights, provided that you comply with all the terms and conditions of this agreement.
2.1 Installation and use
You may install and run the Product on one System of Computers, and use, access, and display the functional options that are specified in the License Certificate, for their intended use as defined in the product documentation, and within the configuration and capacity limits that are specified in the License Certificate.
You may not use, access or display functions that are not specified in the License Certificate.
You may not exceed the configuration and capacity limits that are specified in the License Certificate.
A License for the Product may not be shared or used concurrently on different Systems of Computers.
2.2 Storage and network use
You may copy the Product for safekeeping. All copies must carry the same copyright notice as the original product.
You may store a copy of the Product on a storage device, such as a network server, for use for installing the Product over an internal network onto the System of Computers.
You may store a copy of the Product on a storage device, such as a network server, for use for installing the Product over an internal network onto the System of Computers.
2.3 Network connection and Internet based functions
The Product is intended for use on a system of one or more computers that are interconnected by means of a computer communication network. The Product contains functions that can be configured to allow network access to/from other computer systems on the same or other networks. Further, the Product contains functions that can be configured to utilize Internet based services. You acknowledge and agree that you are responsible for the safe and secure configuration and use of these functions and network connections.
2.4 Limitations in use
You may not use the product for planning, construction, maintenance, or operation, directly or indirectly, of nuclear facilities, flight navigation, aircraft control, air traffic control and ground support equipment, missile technology, and facilities for weapons of mass destruction, unless this use is explicitly approved by ABB in writing in each and every case. Such approval shall be granted only if ABB’s liability for damage to property, personal injury and death, damage to plant as well as property located there or in its vicinity, and all consequential and incidental costs and losses connected with any of the aforesaid is excluded by law and by contract to the satisfaction of ABB.
For the purposes of this agreement the term ”nuclear facilities” shall mean any nuclear facility, including, but not limited to, nuclear power plants, nuclear fuel manufacturing plants, uranium enrichment plants, uranium conversion plants, spent nuclear fuel conversion plants, spent nuclear fuel storage plants, and research reactors. The term “facilities for weapons of mass destruction” shall mean any facility for design, manufacturing, storage, transportation, controlling, dispatching, and destruction of weapons of mass destruction, including, but not limited to, nuclear, chemical, and biological weapons.
2.5 Reservation of rights
ABB reserves all rights not expressly granted to you in this agreement.
3. Upgrades
To use a Product identified as an upgrade, you must first be licensed for the product identified by ABB as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.
4. Additional software
This agreement applies to updates or supplements to the original Product provided by ABB, unless other terms are provided along with the update or supplement.
5. Transfer of rights
5.1 Internal
You may move the Product to a different System of Computers. This may require that the License Key be substituted for a new License Key that is tied to the new set of computer hardware.
5.2 Transfer to third party
You may not transfer the rights granted through this agreement to another end user without prior written approval from ABB. Such approval shall not be unreasonably withheld. The transfer must include the License Certificate, the License Key (if any) and all component parts, media, printed materials, and this agreement. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred rights must agree to all the terms of this agreement.
5.3 No rental
You may not rent, lease or lend the Product.
5.4 Third party software
You acknowledge that the Product contains certain proprietary software licensed to ABB by third parties. You agree to such third party software license agreements provided by the said third parties. Such third parties may enforce this Agreement and their own license terms directly against You to the extent of such third party’s interest in the Software.
6. Limitation on reverse engineering, de-compilation, and disassembly
You may not reverse engineer, de-compile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
7 Demonstration and evaluation software
If the License is identified as “Temporary” or “Internal Use”, the Product must not be transferred or used for any purpose other than demonstration, test, or evaluation.
8 Export restrictions
You acknowledge that the Product in part is of U.S. origin and may be subject to U.S. export restrictions. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information contact your ABB representative.
9 Intellectual property rights
The Product is protected by copyright and other intellectual property rights, including but not limited to patents. ABB or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold. You may not disclose to any third party the software or any information of commercial or technical nature provided by ABB as part of or in association with the Product.
You agree to not disclose benchmark test results related to the Product to any third party.
10 Entire agreement
This agreement, including any addendum or amendment to this agreement that is included with the Product, is the entire agreement between you and ABB relating to the Product and related support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations, with respect to the Product or any other subject matter covered by this agreement. To the extent the terms of any ABB policies or programs for support services conflict with the terms of this agreement, the terms of this agreement shall control.
11 Termination
Without prejudice to any other rights, ABB may cancel this agreement if you do not abide by the terms and conditions of this agreement, in which case you must return all copies of the Product and all of its component parts to ABB.
12 Applicable law
This Agreement shall be governed by and construed in accordance with the substantive laws of Finland.
All disputes, differences or questions between the Parties with respect to any matter arising out of or relating to the Agreement shall be finally determined in arbitration in accordance with the rules of International Chamber of Commerce. The Place of arbitration shall be Helsinki, Finland and the language shall be English.
13 Indemnification
13.1 ABB will indemnify you against any third party claim that the Product infringes upon intellectual property rights of any third party, provided that (i) you promptly notify ABB in writing of the claim; (ii) ABB shall have the sole control of the defense and all related settlement negotiations; and (iii) you provide ABB with the assistance, information and authority necessary for ABB to perform its obligations under this section. ABB shall have no liability towards you in respect of an actual or alleged intellectual property right infringement if this results from any breach by you of (i) your obligations under these license terms or (ii) of any other agreement between you and ABB.
13.2 If the Product is held to constitute an intellectual property rights infringement, or such is considered by ABB to constitute such infringement, ABB shall have the option, at its own expense, to: (i) modify the Product so that it no longer constitutes an infringement; (ii) obtain a license for you to continue using the Product notwithstanding such infringement; or (iii) replace the Software Product with substitutes which do not constitute infringements, provided that such substitutes do not entail a material diminution in performance or function.
14. Warranty
Provided that you have a valid license to use the Product, ABB warrants that a) for a period of 90 days from the date of shipment of your license (the “Warranty Period”) that it will perform substantially in accordance with the written materials that accompany the Product; and b) any related support services provided by ABB shall be substantially as described in applicable written materials provided to you by ABB, and ABB support engineers will use commercially reasonable efforts, care and skill to remedy by repair or replacement or supply a temporary fix, or make an emergency bypass, if the Product yields incorrect results. In the event that the Product fails to comply within the warranty period, ABB will either a) repair or replace the Product or b) return the price you paid for the Product.
The foregoing warranty shall not apply to defects resulting from unauthorized modification. ABB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by You or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs."
The foregoing warranties shall not apply to Software which (1) have been improperly modified or altered; (2) have been subjected to misuse, negligence or accident; (3) have been used in a manner contrary to ABB's instructions, including instructions concerning appropriate environmental specifications; (4) are used in combination with equipment, components or products not specified by ABB; and/or (5) where the damage is attributable to external factors, including, without limitation, failure or fluctuation of electrical power or air conditioning.
The foregoing warranties shall not apply to Software which (1) have been improperly modified or altered; (2) have been subjected to misuse, negligence or accident; (3) have been used in a manner contrary to ABB's instructions, including instructions concerning appropriate environmental specifications; (4) are used in combination with equipment, components or products not specified by ABB; and/or (5) where the damage is attributable to external factors, including, without limitation, failure or fluctuation of electrical power or air conditioning. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE WARRANTY ABOVE, ABB DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE WRITTEN MATERIALS THAT ACCOMPANY THE PRODUCT. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO ONE YEAR OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, WHICHEVER PERIOD IS GREATER. THE REMEDIES STATED HEREIN CONSTITUTE YOUR EXCLUSIVE REMEDIES AND ABB’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
15 Exclusion of liability
To the maximum extent permitted by applicable law, ABB and its suppliers shall not be liable for any damages whatsoever resulting from this agreement, the granted license, or the use of the Product. Without limiting the applicability of the above exclusion, it is explicitly agreed that ABB shall under no circumstance be liable for loss of income or profits, business interruption, loss of data, loss of business information or other pecuniary loss as well as for any special, indirect or consequential losses or damages, arising out of the use or inability to use the Product, even if ABB or any of its suppliers has been advised of the possibility of such damages. In any case ABB’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Product.
ABB or its suppliers shall not be liable towards any party for consequential costs as result of upgrading from one software version to another, such as, but not limited to, the need for newer or other versions of third party software, or the need for higher capacity or performance hardware.