Acceptance of Terms
By clicking “I agree,” accessing,
or using the SCADA software (“Sofware”), you agree to be bound by this Software
License Agreement (“Agreement”). If you do not agree, you may not access or use
the Software. Continued use constitutes ongoing acceptance of this Agreement.
SCADA
Software License Agreement
IMPORTANT – READ
CAREFULLY
This Agreement is a legal contract between You (an individual or single legal
entity “Licensee”) and Tanklogix (“Licensor”) regarding the SCADA software and
related materials (“Software” and “Related Materials”). By installing,
downloading, copying, or otherwise using the Software, you indicate that you have
read and understand all terms below, and that you agree to all terms. If You do
not agree, do not install or use the Software.
This Agreement grants You
limited rights to use the Software; it is not a sale of the Software.
All other rights remain with Tanklogix.
1. Definitions
o Software:
The copy of Tanklogix’s proprietary software (all SCADA editions), including
sample data and software development kits (SDK), in any form (e.g., backups,
updates, or permitted merged copies).
o Related
Materials: User guides, references, training materials, and any
other documentation (electronic or print) provided by Tanklogix.
o Concurrencies:
The maximum number of machines (virtual or physical) allowed to run the
Software simultaneously.
2. Permitted
Uses
o Fixed
License: Install and use one copy of the Software on a single
designated machine.
You may allow consultants
or contractors to use the Software exclusively for your benefit. Any other use
requires prior written approval from Tanklogix.
3.
Uses Not Permitted
The Software and Related
Materials may only be used as provided in this Agreement. Any other uses will
result in a breach of this Agreement. Examples of uses not permitted include,
but are not limited to:
1.
Processing
third-party data for third-party benefit without written permission from
Tanklogix.
2.
Acting
as a service bureau or application service provider for third parties.
3.
Selling,
renting, hosting, leasing, sub-licensing, lending, or time-sharing the Software
to unlicensed third parties.
4.
Reverse
engineering, decompiling, or creating derivative works of the Software, except
as clearly allowed in the Related Materials.
5.
Making
additional copies beyond what is necessary for reasonable backup.
6.
Using
the Software to provide data translation systems or services to third parties
without prior written approval from Tanklogix.
7.
Modifying,
enhancing, upgrading, altering, deleting, adding to, or otherwise changing the
software, including but not limited to decompiling, disassembling, reverse
engineering, or attempting to derive the source code of the Software.
Licensee shall not permit
any third party to engage in any of these prohibited uses. Tanklogix reserves
the right to audit Licensee’s use of the Software to ensure compliance with
these prohibitions.
4.
Third-Party Components
The Software may include
third-party components. Their license terms accompany this Agreement and are
available upon request. These terms work in conjunction with this Agreement to
define your rights and restrictions.
5.
Sample Data
Any sample data provided by
Tanklogix is for testing, evaluation, and demonstration purposes only.
6.
Ownership & Copyright
This Agreement does not
transfer any ownership rights in the Software or Related Materials to Licensee.
Except for 3rd Party Components, Tanklogix owns and retains all rights to the
Software and Related Materials. All intellectual property rights,
including but not limited to copyrights, patents, trademarks, trade secrets,
and other proprietary rights, in and to the Software and Related Materials
shall remain the sole and exclusive property of Tanklogix.
You must not remove or
obscure any copyright or trademark notices.
You may not export the
Software to any country lacking sufficient legal protection for Tanklogix’s
rights.
From the date of receipt,
You must safeguard the Software and Related Materials from unauthorized use or
distribution.
7.
Disclaimer of Warranties
The Software is provided
"as is" and "as available" without warranty of any kind,
express or implied. Tanklogix expressly disclaims all warranties, whether
statutory or otherwise, including but not limited to any warranties of
merchantability, fitness for a particular purpose, title, non-infringement,
accuracy, reliability, or completeness of the Software. Any representations
made outside of the agreement are not binding. Tanklogix shall have no
obligation to correct any defects, errors, or malfunctions in the Software.
Licensee acknowledges that the Software may contain errors, bugs, or other
defects and agrees to assume all risks associated with the use of the Software.
8.
Third-Party Applications
If You use the Software
with third-party applications, Tanklogix is not responsible for those
applications or any resulting damages.
If you use open-source
software with the Software, ensure it does not create obligations for
Tanklogix, grant unintended rights, or otherwise conflict with this Agreement.
9.
Limitation of Liability
To the maximum extent
permitted by applicable law, in no event shall Tanklogix be liable for any
special, incidental, indirect, or consequential damages whatsoever arising out
of or related to Licensee’s use or inability to use the Software.
10.
Assignment and Transfer
Licensee shall not
transfer, assign, or sublicense the Software or Related Materials without first
obtaining the express prior written consent of Tanklogix. Any attempted
assignment, transfer, or sublicense in violation of this Section shall be null
and void. Tanklogix’s consent to any proposed assignment, transfer, or
sublicense shall be at Tanklogix’s sole discretion. Tanklogix may withhold
consent for any reason or no reason. Tanklogix’s consent to one assignment,
transfer, or sublicense shall not be deemed consent to any subsequent
assignment, transfer, or sublicense.
11. Indemnification
The Licensee agrees to
indemnify, defend, and hold harmless Tanklogix, its affiliates, successors,
assigns, directors, officers, employees, agents, and representatives from and
against any and all third-party claims, actions, suits, proceedings, losses,
liabilities, damages, costs, and expenses (including, without limitation, reasonable
attorneys’ fees and legal expenses) arising out of or related to:
1.
The
Licensee’s use, misuse, or modification of the Software;
2.
Any
breach or alleged breach of this Agreement by the Licensee;
3.
Any
violation of applicable laws, rules, or regulations by the Licensee in
connection with the use of the Software;
4.
Any
claim that the Licensee’s use of the Software or Related Materials infringes
upon or misappropriates any third-party intellectual property rights.
12.
Termination Conditions
In the event that Licensee
breaches or fails to perform any of the terms, conditions, or obligations set
forth in this Agreement, Tanklogix shall have the immediate right, without
prejudice to any other rights or remedies available under this Agreement or
applicable law, to take possession of the Software and/or to terminate
Licensee’s right to use the Software.
13. Updates
These provisions apply to
all updates, upgrades, and modifications of the Software.
14. Governing
Law
This Agreement shall be
governed by and construed in accordance with the laws of the State of Utah.
The headings and titles
used in this Agreement are for reference and convenience only and shall not be
considered in the interpretation of this Agreement.
15. Severability
If any provision of this
Agreement is held to be invalid, illegal, or unenforceable in any respect under
any applicable law or rule in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other provision or any other jurisdiction,
but this Agreement shall be reformed, construed, and enforced in such
jurisdiction as if such invalid, illegal, or unenforceable provision had never
been contained herein.
16.
Entire Agreement
This Agreement constitutes
the entire agreement between you and Tanklogix regarding your use of the Software
and Related Materials, and supersedes all prior or contemporaneous
understandings. This Agreement may not be modified by you except in a
modification accepted by Tanklogix in a writing that indicates that this
Agreement is being modified by such writing.
BY USING THE TOOL, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
Contact
For any questions or to request additional rights, contact Tanklogix at: support@tanklogix.com.