|
Appendix A
<br />End User License Agreement
<br />1 Definitions.
<br />1.1 'G E Software" shall mean those portions of the Licensed Software, in object code form only that are created by G E or branded as GE
<br />(including integrated third party software) including but not limited to. Software developed and/or configured by G E pursuant to mutually
<br />agreed to specifications, but each not include any Third Party Software.
<br />1.2 "Application Templates" shall mean the part numbered software components created by GE for a specific application, which con include
<br />forms, displays, workflows, reports, user activities, device configuration, and system configuration.
<br />13 "Designated Computer' shall mean the one (11 computer upon which Customer shall «m each copy of the Licensed Software, except In
<br />the case of MAX -ON Software for which "Designated Computer" shall mean the one 11) redundant PLC system consisting of one of two PLC
<br />CPU's upon which Customer shall run each copy of the Licensed Software.
<br />1.4 "Licensed S oftware" sholl mean the G E Software plus any other Software including Third Popp S oftware(, in object code form only, and
<br />any Application Templates supplied by 6 E pursuant to this Agreement. If no operating system software is included in the Software provided
<br />under this Agreement, Customer must make provision for any required operating system software licenses.
<br />1.5 "Open Source Software" means software (including without limitation software libraries and dependencies) usually available without
<br />charge, with access provided to its source code and where use, modification and redistribution is allowed under the terms of the software
<br />license associated with it and includes open source code, free code, community source code, libraries. or similar software.
<br />1.6 "Third Party Software" shall mean software, including but not limited to operating systems, owned or licensed by a third party that is
<br />supplied to Customer by GE, and which is neither branded as GE Software nor integrated into the GE Software.
<br />2 License,
<br />2,1 Except as provided in Section 2.2 below, Customer is granted only a non -transferable, nonexclusive license to install and use the number
<br />of copies of the Licensed Software provided on the quote by GE only on the Designated Computer(s). No copies shall be made unless
<br />authorized in writing by GE Customer may not reverse engineer, decompile or reverse compile or disassemble, re-engineer or otherwise
<br />modify the Software. The Licensed Software, comprising proprietary trade secret information of GE and/or its licensors, shall be held in
<br />confidence by Customer and protected from copying or disclosure to thirdporties. No title to the intellectual property is transferred. Customer
<br />must reproduce and always include all applicable copyright notices and proprietary markings on any copy C ustamer hereby acknowledges
<br />and agrees that any Licensed Software that is embedded within G E hardware, shall be used, redistributed and/or resold only to the extent
<br />permissible under this Agreement and only embedded within the G E hardware with which it was provided.
<br />2.2 If Customer is an authorized G E distributor or an original equipment manufacturer or a system provider who incorporates the Licensed
<br />S oftware into its equipment or system for sale to an end user, or if Customer uses the Licensed Software to create redistributables, Customer
<br />may only transfer the Licensed S oftware to on end user provided that the end user agrees to be bound by the provisions of this Agreement.
<br />Customer shall use its best efforts to enforce its agreement with customers made in accordance with this section, and shall promptly report
<br />any violation or suspected violation to GE.
<br />2.3 Customer shall not use or incorporate any Open Source S oftware in the Licensed Software that would: III create, or purport to create,
<br />obligations of G E or any Third Party S oftware licensor with respect to any Licensed Software; or (ill grant, or purport to grant, to any third
<br />party any rights to or immunities under G Ere intellectual property or proprietary rights in the Licensed Software. For example, Customer's
<br />modifications of Licensed Software may not include any Open Source Software that, when combined with Licensed Software would in any
<br />way require any Licensed Software to be made freely available.
<br />2.4 All rights and benefits afforded to G E under this Agreement shall apply equally to the owner of any Third Party S oftware and its licensors
<br />(collectively, the "Third Parties') with respect to the Third Party S oftware. The T hird Parties are intended third party beneficiaries of this
<br />Agreement. The provisions of this Agreement relating to the Licensed Software, as the some incorporate Third Party Softwore, are made
<br />expressly for the benefitof, and are enforceable by the Third Parties. The Third Parties retain title to the Third Party Software.
<br />2.5 EXCEPT AS PROVIDED IN SECTION 2.2 ABOVE, IF CUSTOMER TRANSFERS POSSESSION OF ANY COPY OF THE LICENSED
<br />SOFTWARE TO ANOTHER PARTY WITHOUT WRITTEN CONSENT OF GE, THIS LICENSE IS AUTOMATICALLY TERMINATED. Any
<br />attempt otherwise to sublicense, assign or transfer any of the right, duties or obligations hereunder is void.
<br />s
<br />G E IP - Terms and Conditions - 130214
<br />
|