Version as of October 3, 2017
This Agreement is a legally binding User Agreement with Altertech s.r.o. (a company established in accordance with the legislation of the Czech Republic) and/or Altertech LLC (a company established in accordance with the legislation of Ukraine) and/or other legal entities of the ALTERTECH group of companies – (hereinafter, where appropriate, separately referred to as the Supplier) which operate independently of each other, for the acquisition and use by the User of EVA ICS "Universal Controller, Logic Manager PLC, SCADA Final Aggregator, SFA Framework, EVA libraries, EVA technical documentation and its components" (hereinafter referred to as the Product). The User’s consent presented in electronic form, installation of the Product or its use mean that the User accepts the terms of this Agreement on his own behalf and on behalf of another natural or legal person which he represents or for the installation of which the User purchases the Product from the Supplier. If you do not agree to the terms of this Agreement, do not continue the installation process of the Product and remove any previously installed copies of the Product.
This Agreement relates to the use by the User of the Product and services (in particular, all updates and upgrades) of the Supplier and all related Documentation. The Documentation in this Agreement refers to technical documentation, user manuals and instructions that the Supplier provides with the Product. This Agreement supersedes and replaces all previously created agreements concerning the previous versions of the Product. The Supplier may amend this Agreement any time by notifying the User thereof in accordance with the terms of this Agreement. Further use of the Product for at least 7 calendar days after the date of notification means that the User accepts amendments to this Agreement. The Supplier may require the User to accept the changes entered to the Agreement to continue using the previously acquired Product.
If the User does not accept amendments to this Agreement, the Supplier has the right to limit the period of use of the Product by the User to which the amendments refer.
- The Supplier grants to the User a limited and non-exclusive license that is not transferable (without the right to sub-license) for the use of the Product and Documentation, including all continuations and updates, provided the User accepts the terms of this Agreement.
The User can install and use the Product on any devices compatible with the Product (hereinafter such devices, including mobile devices, are referred to as the Devices).
The Product can be used by the User for internal corporate, commercial and business and/or personal non-commercial use.
The User has the right to use the Product in any way for educational purposes.
The User has the right to make changes to the source code of the Product on a particular Device except for:
- deletion of the Supplier’s copyright;
- deletion or change of links to the Web sites of the Supplier and/or the Product;
- deletion of any other contact information of the Supplier included in the Product.
THE USE OF THE PRODUCT IN ANY WAY NOT SPECIFIED DIRECTLY IN THIS CLAUSE, AND ALSO RESALE AND FURTHER DISTRIBUTION OF THE PRODUCT IS A SERIOUS VIOLATION OF THIS AGREEMENT AND COPYRIGHT LEGISLATION.
- The Supplier may periodically update or replace the Product without the User’s separate consent and permission. As a result, in some cases when the User will not be able to use the Product (or certain functions of the Product) until he installs or activates the updates in full. In accordance with this Agreement, updates are considered to be a part of the Product. Updates include both addition or removal of separate functions of the Product, and complete replacement of it.
- The Supplier determines the content, functions and functionality of the updated Product at his own discretion. It is possible that the User will need to download and allow the installation of all available updates in order to obtain the maximum benefit from the Product.
- The Supplier may terminate Product support until the User accepts and installs all the updates. The Supplier, at his own discretion, determines when and which updates should be provided, but he is not obliged to provide the User with access to any updates.
- The Supplier, at his own discretion, may terminate the delivery of updates for any version of the Product, or updates that support the use of the Product with certain versions of operating systems, browsers and other programs for which the Product is designed.
- The Product and the Documentation are the intellectual property of the Supplier, which is protected by copyright laws, international agreements and other provisions of the current legislation of the country in which the Product is used. The structure, organization and code of the Product are an important trade secret and confidential information of the Supplier.
- Except as provided in this License the ownership, installation and use of the Product does not give the User any intellectual property rights to the Product and Documentation. All rights to the Product and Documentation, including all related types of copyright, right to trade secret, trademarks and other intellectual property rights, belong to the Supplier.
The User does not have the right to copy and use the Product and Documentation in a manner different from that stated in Clause 2 of this Agreement. The User does not have the right to carry out the following actions or allow them to be carried out by third parties:
Clone the Product or create any new product with the components of the Product and/or include the Product or its components in his own commercial software/hardware products or software/hardware products of third parties, excluding the following:
- The product is an appendix or extension of the Product and cannot function without the original Product installed separately;
- The product components included in the Product are used for work with a separately installed Product.
Modify the Product for further public distribution in any way;
Sub-license Product and/or Documentation;
Use the Product to provide or create a product or services that compete with this Product;
Publicly implement commercial support of the Product without certification or written authorization of the Supplier;
Bypass, attempt to bypass, authorize or assist third parties to bypass restrictions on installation or use of copies of the Product.
- In accordance with Clause 6, the Supplier provides guarantees and is obliged to provide support for the Product only subject to conclusion of an additional agreement for support of the Product between the User and the Supplier.
- ALL PRODUCTS PROVIDED TO THE USER FREE OF CHARGE, ARE PROVIDED ON THE TERMS “AS IS”, “WITH ALL POSSIBLE DISADVANTAGES” AND “ON THE TERMS OF AVAILABILITY” WITHOUT ANY WARRANTIES AND SUPPORT OR OTHER SERVICES FROM THE SUPPLIER.
- The Supplier is liable for any emergency situations, software or hardware failure, damage to health, trespassing, data loss or other losses caused by the Product, only if the User enters into an additional warranty agreement with the Supplier.
- The Supplier may process information and data (for example personal information and/or personal data) associated with the User of the Product and/or any other device using the Product.
Termination of the agreement
- This Agreement will be immediately terminated in case of non-compliance by the User with any obligations set forth therein, which will result in loss of all rights associated with the update of the Product or reimbursement of costs. The Supplier reserves the right to take other legal measures if the violation of this Agreement by the User adversely affects the Supplier, its distributors or agents. If a specific provision of this Agreement is found to be invalid or unlawful, the other parts of this Agreement will remain in full force and effect.
- This Agreement is the entire agreement between the User and the Supplier on the use by the User of the Product and Documentation. This Agreement supersedes all previous and current verbal and written communications, proposals, approvals, warranties and statements relating to the use of the Product and Documentation. Notwithstanding the foregoing, this Agreement will not violate the user’s rights guaranteed by the current consumer protection legislation or other applicable laws in the User’s jurisdiction, the effect of which cannot be canceled by the Agreement. This Agreement, as well as the Documentation, will match as much as possible among each other, but in case of a conflict they will have legal force in the following order: (1) this Agreement (2) Documentation.
- Notifications. The Supplier may send any messages to the User at any time by e-mail, through a pop-up window, dialog window or other means, even if the User cannot receive this message until he launches the Product. Any notification is deemed to be delivered when the Supplier sends it to the User or makes it available through the Product, regardless of the actual date of its receipt by the User.
- Impossibility of execution. The Supplier shall not be liable for any errors or productivity slowdown of the Product resulting from (in whole or in part) errors in the operation of the programs (in particular, related to power supply), problems related to the Internet, telecommunication or information technology services or telecommunication or information technology equipment, strikes, wars or terrorist acts, attacks that cause failure of service or other information attacks and violations affecting the Supplier, due to floods, sabotage, fire, other natural disasters or force majeure circumstances, as well as other circumstances independent of the Supplier.
- Transfer of rights and duties. The User cannot transfer to third parties the rights and obligations related to this Agreement without the written consent of the Supplier. The Supplier may, at his own discretion, transfer rights and obligations under this Agreement at any time without the prior consent of the User.
- Internet connection. If the Documentation provides for the need for an active and stable Internet connection for the normal operation of the Product, the User shall be responsible for ensuring an active and stable Internet connection.
- The Product’s name. The Supplier reserves the right to periodically change the name of the Product at his own discretion.
Terms that are not given elsewhere in this Agreement, but which are used in it and/or Documentation, are understood as follows:
- EVA libraries – software libraries associated with the Product, compiled by the Supplier, supplied during the sale of the Product or received by the User in a different way from the Supplier;
- EVA APIs are the public interfaces of the Product used to communicate with the software of the User or third parties and are described as API (application programming interface or API) in EVA documentation;
- Initial integration is the condition, in which the Product is installed, tested, configured and modified in accordance with the needs of the particular User or third party, but is not yet used for commercial or personal purposes.