OmniServer License Agreement

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Licensing

OmniServer I/O Driver

Software License Agreement

SOFTWARE TOOLBOX, INC., ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU OPEN THIS PACKAGE, BECAUSE BY OPENING THIS SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, THIS UNOPENED DISK PACKAGE, AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.

Ownership of the Software

The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor and are protected by United States copyright laws, by laws of other nations, and by international treaties.

Demonstration and Enabled Software

The software may run in two modes, demonstration and enabled. A software license number ("License Code") is provided with each purchased copy of the Software. The Software runs in demonstration mode without the License Code. Once the Licence Code is entered into the software during the registration process, a code to unlock the software ("Unlock Code") will be provided by the Licensor. The software will operate in enabled mode only with both the License Code and the Unlock Code.

Grant Of License

Licensor grants to you the right to use the Software in demonstration on any computer.
Licensor grants to you the right to use the License Code and Unlock Code on a single computer. You may load one copy into permanent memory of one computer and may use it only on that same computer. Hence, the License Code and Unlock Code may enable the Software only on one computer.

Restrictions on Use and Transfer

If you have not purchased the license, then you may only execute the Software in a demonstration mode for evaluation purposes only.
This Software package contains only a CD-ROM disk. You may not make copies of the CD-ROM disk itself.
You may not transfer or communicate the License Code or Unlock Code to another user except as part of a permanent transfer as detailed below.
You may not copy the written materials, the License Code or the Unlock Code.
You may permanently transfer the Software, License Code, Unlock Code, and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
You may not reverse engineer, decompile, or disassemble the Software.

Limited Warranty

Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.
This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Other

This Agreement is governed by the laws of the State of North Carolina, United States of America.
Support is limited to phone, fax or email for 30 days after purchase unless the Licensor has a valid maintenance contract which would extend support.
Re-registration, which is the issuance of a new Unlock Code for the same License Code for use of the software on the same or a different computer, often the result of loss of license because of hardware failure or re-installation of software is limited to 2 events without a maintenance contract. LICENSOR reserves the right to deny issuance of a new Unlock Code if it has reason to believe that the reason for the request of a new Unlock Code is to circumvent the terms of this Agreement granting license to use the Software on a single computer.
If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Software Toolbox, Inc. 148A East Charles Street, Matthews, North Carolina 28105 USA or call +1-704-849-2773.
Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Software Toolbox, Inc. 148A East Charles Street, Matthews, North Carolina 28105 USA.

Third Party Licenses and Open Source License Acknowledgements

The following license terms apply to OPC UA server interface portions of the OmniServer product.

OpenSSL

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).

1.1 Copyright

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)

This Windows version of this product includes software written by Tim Hudson (tjh@cryptsoft.com)

1.2 License Issues

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.

OpenSSL License:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software must display the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)".

The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
Redistributions of any form whatsoever must retain the following acknowledgment:

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT AS IS™ AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License:

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).

The implementation was written so as to conform with Netscapes SSL. This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Youngâ€™s, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software must display the following acknowledgement:

"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)".

The word `cryptographic'™ can be left out if the routines from the library being used are not cryptography-related.
If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)".

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License].

LibXML2

This product includes code that was developed for the XML toolkit from the GNOME project (http://xmlsoft.org/).

2.1 Copyright

2.2 License Issues

The libxml2 library is released under the MIT Licence and includes following copyright notice:

Except where otherwise noted in the source code (e.g. the files hash.c, list.c and the trio files, which are covered by a similar licence but with different Copyright notices) all the files are:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE DANIEL VEILLARD BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of Daniel Veillard shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from him.

OPC UA ANSI C Stack

This product includes software that was developed by the OPC Foundation (http://www.opcfoundation.org/). The included software, the OPC UA ANSI C Stack, contains of two modules which are different in licensing:

the Ansi C Stack Portability Layer (containing the platform specific abstraction)
the Ansi C Stack Core Module (containing the general functionality)

3.1 Ansi C Stack Portability Layer

This module is released under the MIT License and includes following copyright notice, except where otherwise noted in the source code all the files are:

3.1.1 Copyright

3.1.2 License Issues

The above copyright notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The complete license agreement can be found here:

http://opcfoundation.org/License/MIT/1.00/

3.2 Ansi C Stack Core Module

This module is released under the RCL Licence and includes following copyright notice, except where otherwise noted in the source code all the files are:

3.2.1 Copyright

3.2.2 License Issues

Unless explicitly acquired and licensed from Licensor under another license, the contents of this file are subject to the Reciprocal Community License ("RCL") Version 1.00, or subsequent versions as allowed by the RCL, and You may not copy or use this file in either source code or executable form, except in compliance with the terms and conditions of the RCL.

All software distributed under the RCL is provided strictly on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RCL for specific language governing rights and limitations under the RCL.

3.2.3 License in Short

The Ansi C Stack Core Module stays under the Reciprocal Community License (RCL) which is based on the concept of reciprocity or, if you prefer, fairness.

The RCL is adapted from the Open Source Reciprocal Public License (RPL) where the â€œPublicâ€ in the Open Source RPL license is replaced by the â€œCommunityâ€ in the RCL License. In short, the RPL license grew out of a desire to close loopholes in previous open source licenses, loopholes that allowed parties to acquire open source software and derive financial benefit from it without having to release their improvements or derivatives to the community which enabled them. This occurred any time an entity did not release their application to a "third party". While there is a certain freedom in this model of licensing, it struck the authors of the RPL as being unfair to the open source community at large and to the original authors of the works in particular. After all, bug fixes, extensions, and meaningful and valuable derivatives were not consistently faster, growth and expansion of the overall open source software base.

While you should clearly read and understand the entire license, the essence of the RCL is found in two definitions: "Deploy" and "Required Components".

Regarding deployment, under the RCL your changes, bug fixes, extensions, etc. must be made available to the community when you Deploy in any form -- either internally or to an outside party. Once you start running the software you have to start sharing the software.

Further, under the RCL all components you author including schemas, scripts, source code, etc. -- regardless of whether they're compiled into a single binary or used as two halves of client/server application -- must be shared. You have to share the whole pie, not an isolated slice of it.

The complete license agreement can be found here:

http://www.opcfoundation.org/License/Redistributables/1.00/

http://opcfoundation.org/License/RCL/1.00/

P: 1-888-665-3678 (US-Sales) or 704-849-2773 (Support & International), F: 704-849-6388
148A East Charles Street, Matthews, North Carolina, USA 28105
Copyright Software Toolbox, Inc., 1996-2006, All Rights Reserved Worldwide.