This agreement covers the iQagent server and mobile apps. The Archive Data Extractor for WinCC has its own agreement at software.iqagent.com.
iQagent, Inc. (“iQagent”) grants you a non-exclusive, non-transferable license to install and use iQagent (the “Software”) for your internal business operations, within the limits of the license you purchased. iQagent is licensed for a number of users per server: your license sets how many users may use the Software on a server. The server itself does not need a separate license.
Licenses are either perpetual or subscription, as stated on your quote or invoice. A perpetual license has no end date. A subscription license lasts for the period you paid for and ends when it is not renewed. UPDATE: this section depends on the licensing model you settle on for the relaunch. Also state what the fee covers and when it is due.
You may not copy the Software except to install it and make backups, sell, rent or sublicense it, use it to provide a service to third parties unless we agree in writing, reverse engineer it except where the law allows, or remove or circumvent license checks.
CONFIRM: whether updates and support are included, for how long, and how to renew.
You own the data, documents, forms and media that you and your users put into iQagent. They are stored on infrastructure that you control, and you are responsible for backing them up, for securing the server, and for managing who has access. iQagent does not receive your data unless you send it to us.
iQagent displays information for your convenience. It is not a safety system and must not be relied on to control equipment or to make safety-critical decisions. Follow your site’s procedures and the equipment manufacturer’s instructions.
iQagent works with software and services from others, including mobile operating systems and push notification services. Those are subject to their own terms. Siemens, SIMATIC and WinCC are trademarks of Siemens AG. iQagent is not affiliated with or endorsed by Siemens AG.
The Software is provided “as is”, without warranties of any kind, to the extent permitted by law. iQagent’s total liability is limited to the amount you paid for the license. iQagent is not liable for indirect or consequential damages, including loss of data, production or profit.
This agreement ends if you breach it. Then you must stop using the Software and delete copies.
This agreement is governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising from this agreement or the Software will be brought in the state and federal courts located in Fulton County, Georgia, and you consent to their jurisdiction.
You may not use, export or re-export the Software in violation of United States export control or sanctions laws, or the laws of the country where you are located. You confirm that you are not located in a country under a United States embargo and are not on a United States government list of restricted parties.