END USER LICENSE AGREEMENT
Last updated April 30, 2024
Vision Library+ ("Licensed Application") is licensed to You (End-User) by Software Athlete e.U., located and registered at Industriestraße 4a, Vöcklabruck, Upper Austria, Austria 4840, Austria ("Licensor"), for use only under the terms of this License Agreement.By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as "Services."The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Software Athlete, not the Services, is solely responsible for the Licensed Application and the content thereof.This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). Software Athlete acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.Symbol Collection Plus when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Vision Library+ is to be used on devices that operate with .
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
1. THE APPLICATION
Vision Library+ ("Licensed Application") is a piece of software created to extend the PI System with tailored Software. It is used to Advance PI Vision with Custom Symbols.The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 One License may only be used with one PI Vision installation. Multiple installations require multiple licenses, unless otherwise described.
2.2 Purchase allows one year of use. The customer is given a 30-day notice prior to expiration of the license. After 1 year, if the license is not renewed, it will stop working.
2.3 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.4 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.5 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Software Athlete's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.6 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Software Athlete's prior written consent).
2.7 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.8 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.9 Licensor reserves the right to modify the terms and conditions of licensing.
2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a software version PI Vision 2021 or higher and PI Web API. Licensor recommends using the latest version of the software.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the PI System. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. SUPPORT SERVICES
4.1 Availability: The Licensor may offer support services for its software products, including installation assistance and troubleshooting ("Support Services").
4.2 Requesting Services: Users may request Support Services and new features through specified Licensor channels (via email to contact@software-athlete.com), subject to availability and at the Licensor's discretion.
4.3 Scope: Support is limited to the software's current version and intended use. The Licensor is not responsible for issues caused by software modification, misuse, or external software conflicts.
4.4 Acceptance: Use of Support Services constitutes acceptance of these terms.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. LIABILITY
7.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Software Athlete's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify Software Athlete about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of three hundred sixty five (365) days after discovery.
8.4 If we confirm that the Licensed Application is defective, Software Athlete reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. OPEN SOURCE LIBRARIES
The Licensed Application requires open source libraries, that are included in the package. These open source libraries are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, or other liability, wether in an action of contract, tort or oterhwise, arising from, out of or in connection with the open source libraries or the use of other dealings in the open source libraries.
The open source libraries listed in this section are included in the Licensed Application.
moment.js (Open Source – MIT License) Copyright (c) JS Foundation and other contributors
https://github.com/moment/moment/blob/develop/LICENSE
apexcharts.js (Open Source – MIT License) Copyright (c) 2018 ApexCharts https://github.com/apexcharts/apexcharts.js/blob/main/LICENSE
tabulator(Open Source – MIT License) Copyright (c) 2015-2024 Oli Folkerd https://github.com/olifolkerd/tabulator/blob/master/LICENSE
boxicons(Open Source – MIT License) Copyright (c) 2015-2021 Aniket Suvarna https://github.com/atisawd/boxicons/blob/master/LICENSE
jspdf (Open Source – MIT License) Copyright
(c) 2010-2021 James Hall, https://github.com/MrRio/jsPDF
(c) 2015-2021 yWorks GmbH, https://www.yworks.com/ https://github.com/parallax/jsPDF/blob/master/LICENSE
flatpickr(Open Source – MIT License)
Copyright (c) 2017 Gregory Petrosyan
https://github.com/flatpickr/flatpickr/blob/master/LICENSE.md
luxon(Open Source – MIT License)
Copyright (c) 2019 JS Foundation and other contributors
https://github.com/moment/luxon/blob/master/LICENSE.md
10. PRODUCT CLAIMS
Software Athlete and the End-User acknowledge that Software Athlete, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:(i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Christof Steps
Industriestraße 4a
4840 Vöcklabruck, Upper Austria, Austria
c.steps@software-athlete.com
13. TERMINATION
The license is valid until terminated by Software Athlete or by You. Your rights under this license will terminate automatically and without notice from Software Athlete if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Software Athlete represents and warrants that Software Athlete will comply with applicable third-party terms of agreement when using Licensed Application.In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Software Athlete and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Software Athlete, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Austria excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
