ogamma Visual Logger end user license agreement. This ogamma Visual Logger end user license agreement ("Agreement") is by and between One-Way Automation Inc., located in Edmonton, Canada, ("VENDOR") and you, or the entity on whose behalf you are entering into this agreement ("CUSTOMER"), and governs your use of the ogamma Visual Logger and any updates to it made available by the VENDOR to you ("Licensed Software"). 1. License. 1.1. Licensed Software. Subject to CUSTOMER’s compliance with the terms and conditions of this Agreement, VENDOR hereby grants CUSTOMER a perpetual, revocable, non-exclusive, non-transferable, non-sub-licensable license to download, install and use the Licensed Software solely in object code format, and solely for CUSTOMER’s internal business purposes. To start using of the Software, CUSTOMER must activate each instance of it with software license key, which can be obtained following instructions at online store: https://onewayautomation.com/online-store. 1.2. Open Source Software. The Licensed Software includes certain VENDOR's or third party software that is distributed or otherwise made available as “free software”, “open source software” or under a similar licensing or distribution model (“Open Source Software”). Such Open Source Software is distributed or made available under the terms of the open source license agreements referenced in the applicable distribution or the applicable help, notices, about or source files. Copyrights and other proprietary rights to the Open Source Software are held by the copyright holders identified in the applicable distribution or the applicable help, notices, about or source files. 1.3. Payment. Subject to CUSTOMER’s compliance with the terms and conditions of this Agreement, the Licensed Software shall be provided to the CUSTOMER after payment of certain amount depending on Edition of the License Software. Licenses for Community and Academic Editions are provided free of charge. 1.4. Terms applicable for specific Editions of the Licensed Software. 1.4.1. Community, Standard and Enterprise Editions can be used on commercial projects. 1.4.2. Community and Standard Editions have some restrictions on number of records in configuration database tables, such as number of variables, and limitations on some functional features. Details can be found on product page at company web site. 1.4.3. Academic and Enterprise Editions have no limitations or restrictions. 1.4.4. License for Academic Edition is provided for free to use in scientific-research and academic projects by universities and other government funded education and research organizations, as well as on projects performed by government organizations. Transfer of a license for Academic Edition to other organizations and use on commercial projects is prohibited. 1.5. Support. CUSTOMER may purchase support and maintenance services from VENDOR by contacting at: [https://www.onewayautomation.com/index.php/contact-us]. 2. Restrictions. CUSTOMER shall not, and shall not encourage any third party to: 2.1. Modify, adapt, alter, translate, or create derivative works of the Licensed Software; 2.2. Reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Licensed Software, in whole or in part, except to the extent that such activities are permitted under applicable law; 2.3. Distribute, license, sublicense, lease, rent, loan, or otherwise transfer the Licensed Software to any third party; 2.4. Remove, alter, or obscure in any way the proprietary rights notices (including copyright, patent, and trademark notices and symbols) of VENDOR or its suppliers contained on or within in any copies of the Licensed Software; 3. Ownership of Licensed Software. VENDOR and its licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, including any improvements, modifications, and enhancements to it. Except for the rights expressly granted in this Agreement, CUSTOMER shall acquire no other rights, express or implied, in or to the Licensed Software, and all rights not expressly provided to CUSTOMER hereunder are reserved by VENDOR and its licensors. All the copies of the Licensed Software provided or made available hereunder are licensed, not sold. 4. Term. VENDOR may immediately terminate this Agreement if CUSTOMER breaches any terms of this Agreement. Upon the termination of this Agreement the license granted herein will automatically terminate and CUSTOMER will discontinue all use of the Licensed Software. Sections 2, 3, 5, 6, and 7 shall survive any termination or expiration of this Agreement. 5. No Warranties. CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF THE LICENSED SOFTWARE IS AT CUSTOMER’S SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." VENDOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VENDOR OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (a). CUSTOMER’S USE OF THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OR (b). CUSTOMER’S USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VENDOR'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. 6. Limitation of Liability. 6.1. Exclusion of Damages. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT VENDOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY CUSTOMER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE FOREGOING LIMITATIONS ON VENDOR'S LIABILITY SHALL APPLY WHETHER OR NOT VENDOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VENDOR'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 6.2. Liability Limit. THE TOTAL LIABILITY OF VENDOR ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED AMOUNT PAID FOR LICENSE KEYS. 7. Miscellaneous. 7.1. This Agreement will be governed by the laws of Alberta province of Canada. 7.2. Notwithstanding the foregoing, VENDOR may assign the entirety of its rights and obligations under this Agreement, without consent of the CUSTOMER, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. 7.3. Future versions of the Licensed Software might have licensing conditions different than defined in this Agreement. Licenses for dependency libraries are available via online User Manual at: https://onewayautomation.com/visual-logger-docs/html/introduction.html#licenses-of-open-source-dependencies