End-User License Agreement ("Agreement")
Last updated: January 15, 2019
Please read this End-User License Agreement ("Agreement") carefully before downloading or using eScada HMI Solutions ("Application").
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and HOBBIT di Paris Rossano and it governs your use of the Application made available to you by HOBBIT di Paris Rossano.
If you do not agree to the terms of this Agreement or you are not able to read and understand it, please do not download or use the Application.
The Application is licensed, not sold, to you by HOBBIT di Paris Rossano for use strictly in accordance with the terms of this Agreement.
HOBBIT di Paris Rossano grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your own use, strictly in accordance with the terms of this agreement. The execution of the licensed Application is supervised by a software license key file, supplied separately for the licensed Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of HOBBIT di Paris Rossano.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section 'License'.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of HOBBIT di Paris Rossano or its affiliates, partners, suppliers or the licensors of the Application.
- Use the Software in any way which breaches any applicable local, national or international law
- Use the software without knowing what you or others are doing.
The nature of this Application assumes you must be informed that you are monitoring, parameterizing or in general executing actions on machinery, plants or other equipments that potentially they could be dangerous for people and things.
Therefore is absolutely your responsibility to use the Application in order to avoid dangerous situations for people and things.
Modifications to Application
HOBBIT di Paris Rossano reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
HOBBIT di Paris Rossano may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that HOBBIT di Paris Rossano has no obligation to (I) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
You agree to indemnify and hold HOBBIT di Paris Rossano and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application may display, include or make available third-party content (including data, information, applications and other products services), open source software or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that HOBBIT di Paris Rossano shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. HOBBIT di Paris Rossano does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or HOBBIT di Paris Rossano.
HOBBIT di Paris Rossano may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from HOBBIT di Paris Rossano, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of HOBBIT di Paris Rossano's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
The Application is not fault-tolerant. The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, HOBBIT di Paris Rossano, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, HOBBIT di Paris Rossano provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither HOBBIT di Paris Rossano nor any HOBBIT di Paris Rossano's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of HOBBIT di Paris Rossano are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
No High Risk Use
The Application is not fault-tolerant and is not guaranteed to be error free or to operate uninterrupted.
Unless HOBBIT di Paris Rossano gives its prior written consent and is consulted regarding the specific use, system configuration and Application support plan, End-User has no right to use, and must not use, the Application in any application or situation where the failure of the Application could lead to death or serious bodily injury of any person, or to severe physical or environmental damage, High Risk Use.
High Risk Use does not include utilization of the Application for administrative purpose, to store configuration data, engineering and/or configuration tools, or other applications, the failure of which would not result in death, personal injury, or sever physical or environmental damage.
End-User agrees to indemnify and hold harmless HOBBIT di Paris Rossano from any third-party claim arising out of Licensee’s use of the Application in connection with any High Risk Use.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of HOBBIT di Paris Rossano and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall HOBBIT di Paris Rossano or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if HOBBIT di Paris Rossano or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
HOBBIT di Paris Rossano reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Italy, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application.
Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between you and HOBBIT di Paris Rossano regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and HOBBIT di Paris Rossano.
You may be subject to additional terms and conditions that apply when you use or purchase other HOBBIT di Paris Rossano's services, which HOBBIT di Paris Rossano will provide to you at the time of such use or purchase.
If you have any questions about this Agreement, please contact us.