License Agreement
- Introduction
The OPC Foundation is an international organization in which users,
vendors and consortia cooperate to develop standards for multivendor,
multiplatform, secure and reliable interoperability in industrial
automation.
As such, the OPC Foundation provides the OPC Foundation members with
unique opportunities to use the Specifications, Technology and Certification
required to develop and apply OPC-based products. This licensing strategy
is in place to protect the OPC Foundation and its members by providing
them the legal infrastructure necessary to build OPC-based products
and bring them to market.
- Agreement of Use
The following sections apply to all OPC Specifications:
- Copyright Restrictions
Any unauthorized use of OPC Foundation Specifications may violate
copyright laws, trademark laws, and communications regulations
and statutes. All OPC Foundation Specifications contain information
that is protected by copyright, with all rights reserved. No part
of the work covered by the copyright herein may be reproduced
or used in any form or by any means—graphic, electronic, or mechanical,
including photocopying, recording, taping, or information storage
and retrieval systems—without permission of the copyright owner.
OPC Foundation members and non-members are prohibited from copying
and redistributing any copyrighted OPC Foundation Specifications.
All copies of the Specifications must be obtained on an individual
basis, directly from the OPC Foundation Website.
- Patents
Adopters are directed to the possibility that compliance with or
adoption of OPC Specifications may require use of an invention
covered by patent rights. OPC Foundation shall not be responsible
for identifying patents for which a license may be required by
any OPC specification, or for conducting legal inquiries into
the legal validity or scope of those patents that are brought
to its attention. OPC Specifications are prospective and advisory
only. Prospective users are responsible for protecting themselves
against liability for infringement of patents.
- Warranty and Liability Disclaimers
While OPC Specifications are believed to be accurate, they are
provided "as is" and may contain errors or misprints.
The OPC Foundation makes no warranty of any kind, expressed or
implied, with regard to their publication, including but not limited
to any warranty of title or ownership, implied warranty of merchantability,
or warranty of fitness for a particular purpose or use. In no
event shall the OPC Foundation be liable for errors contained
therein or for direct, indirect, incidental, special, consequential,
reliance or cover damages, including loss of profits, revenue,
data, or use, incurred by any user or any third party in connection
with the furnishing, performance, or use of this material, even
if advised of the possibility of such damages. The entire risk
as to the quality and performance of software developed using
OPC Specifications is borne by the user.
- Restricted Rights Legend
All OPC Specifications are provided with Restricted Rights. Use,
duplication or disclosure by the U.S. government is subject to
restrictions as set forth in (a) this Agreement pursuant to DFARs
227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical
Data and Computer Software clause at DFARs 252.227-7013; or (c)
the Commercial Computer Software Restricted Rights clause at FAR
52.227-19 subdivision (c)(1) and (2), as applicable. The Contractor/manufacturer
is the OPC Foundation, 16101 N. 82nd Street, Suite 3B, Scottsdale,
AZ, 85260-1830.
- Compliance and Certification
The OPC Foundation shall at all times be the sole entity that may
authorize developers, suppliers and sellers of hardware and software
to use Certification marks, trademarks or other special designations
to indicate compliance with these materials. Products developed
using the Specifications may claim compliance or conformance with
the Specifications if and only if the software satisfactorily
meets the Certification requirements set by the OPC Foundation
Certification Program. Products that do not meet these requirements
may claim only that the product was based on the Specifications
and must not claim compliance or conformance with the Specifications.
The OPC Foundation reserves the right to arbitrarily change the
rules for Certification according to market demand. Use of all
Certification marks, trademarks and other special designations
to indicate compliance to be OPC Foundation-certified must have
written approval from the OPC Foundation.
- Trademarks
Most computer and software brand names have trademarks or registered
trademarks. The individual trademarks have not been listed here.
OPC Foundation has specifically identified and trademarked its
Specification names and logos and has registered the trademarks
accordingly.
- General Provisions
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability
of the other provisions shall not be affected thereby.
The OPC Foundation is incorporated in the state of Minnesota. This
Agreement shall be governed by and construed under the laws of the
State of Minnesota, excluding its choice or law rules. OPC Foundation
is an international organization and may also be governed by rules
subject to the laws of other countries outside of the United States.
This Agreement embodies the entire understanding between the parties
with respect to, and supersedes any prior understanding or agreement
(oral or written) relating to the OPC Specifications.