idako: Industrial Data Collector end user license agreement.

This idako: Industrial Data Collector  end user license agreement ("Agreement")
is by and between One-Way Automation Inc., located in Edmonton, Canada, ("VENDOR") 
and you, or the entity on whose behalf you are entering into this agreement ("CUSTOMER"), 
and governs your use of the idako and any updates to it
made available by the VENDOR to you ("Licensed Software").  

1.	License.  
1.1. Licensed Software.  
Subject to CUSTOMER’s compliance with the terms and conditions of this Agreement, 
VENDOR hereby grants CUSTOMER a perpetual, revocable, non-exclusive, non-transferable, 
non-sub-licensable license to download, install and use the Licensed Software solely in 
object code format, and solely for CUSTOMER’s internal business purposes.
To start using of the Software, CUSTOMER must activate each instance of it with software 
license key, which can be obtained either contacting the VENDOR or following instructions 
at online store: https://onewayautomation.com/online-store.

1.2. Open Source Software.  
The Licensed Software includes certain VENDOR's or third party software that is distributed 
or otherwise made available as “free software”, “open source software” or under a similar 
licensing or distribution model (“Open Source Software”). Such Open Source Software is 
distributed or made available under the terms of the open source license agreements 
referenced in the applicable distribution or the applicable help, notices, about or source 
files.  Copyrights and other proprietary rights to the Open Source Software are held by the 
copyright holders identified in the applicable distribution or the applicable help, notices, 
about or source files.
1.3. Payment.  
Subject to CUSTOMER’s compliance with the terms and conditions of this Agreement, the 
Licensed Software shall be provided to the CUSTOMER after payment of certain amount depending on 
Edition of the License Software. Licenses for Community and Academic Editions are provided 
free of charge.
1.4. Terms applicable for specific Editions of the Licensed Software.
1.4.1. Community, Standard and Enterprise Editions can be used on commercial projects.
1.4.2. Community and Standard Editions have some functional restrictions on number of records 
in configuration database tables, such as number of variables, and limitations on some other 
functional features. Details can be found on product page at company web site.
1.4.3. Academic and Enterprise Editions have no functional limitations or restrictions.
1.4.4. License for Academic Edition is provided for free to use in scientific-research and 
academic projects by universities and other government funded education and research organizations, 
as well as on projects performed by government organizations, excluding 
military-related projects. Transfer of a license for Academic Edition to other organizations 
and use on commercial projects is prohibited.

1.5. Support.  
1.5.1. CUSTOMER may purchase support and maintenance services from VENDOR by contacting at:
[https://www.onewayautomation.com/contact-us]. 
1.5.2. Support of the software instances used with free-of-charge licenses is not guaranteed 
and can be provided solely based on the VENDOR's discretion.

2. Restrictions.
CUSTOMER shall not, and shall not encourage any third party to:
2.1. Modify, adapt, alter, translate, or create derivative works of the Licensed Software; 
2.2. Reverse-engineer, decompile, disassemble, or attempt to derive the source code for the
Licensed Software, in whole or in part, except to the extent that such activities are 
permitted under applicable law; 
2.3. Distribute, license, sublicense, lease, rent, loan, or otherwise transfer the Licensed 
Software to any third party; 
2.4. Remove, alter, or obscure in any way the proprietary rights notices (including copyright, 
patent, and trademark notices and symbols) of VENDOR or its suppliers contained on or within in 
any copies of the Licensed Software; 
2.5. The Licensed Software cannot be used in military-related projects without written permission 
of the VENDOR.
2.6. CUSTOMER should not abuse free of charge Community Edition licenses. It is allowed to run only 
one instance of the application with Community Edition license at a time per CUSTOMER, 
unless there is a written permission obtained from the VENDOR.

3. Ownership of Licensed Software.  
VENDOR and its licensors own and retain all right, title, and interest, including all 
intellectual property rights, in and to the Licensed Software, including any improvements, 
modifications, and enhancements to it.  Except for the rights expressly granted in this 
Agreement, CUSTOMER shall acquire no other rights, express or implied, in or to the 
Licensed Software, and all rights not expressly provided to CUSTOMER hereunder are reserved 
by VENDOR and its licensors. All the copies of the Licensed Software provided or made available
hereunder are licensed, not sold.

4. Term.
VENDOR may immediately terminate this Agreement if CUSTOMER breaches any terms of this
Agreement. Upon the termination of this Agreement the license granted herein will automatically 
terminate and CUSTOMER will discontinue all use of the Licensed Software.  
Sections 2, 3, 5, 6, and 7 shall survive any termination or expiration of this Agreement.

5. No Warranties.  
CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF THE LICENSED SOFTWARE IS AT CUSTOMER’S 
SOLE RISK AND THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE."  
VENDOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND 
DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY 
AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VENDOR OR ELSEWHERE SHALL 
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR, ITS SUBSIDIARIES AND AFFILIATES, AND 
ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: 
(a). CUSTOMER’S USE OF THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OR
(b). CUSTOMER’S USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.  

NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VENDOR'S WARRANTY OR 
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  
CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR 
WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT 
LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR 
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.

6. Limitation of Liability.  
6.1. Exclusion of Damages. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT VENDOR, ITS 
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, 
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY CUSTOMER, HOWEVER 
CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT 
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY 
LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE 
LOSS.  THE FOREGOING LIMITATIONS ON VENDOR'S LIABILITY SHALL APPLY WHETHER OR NOT VENDOR HAS 
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.  
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT VENDOR'S LIABILITY FOR 
LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 

6.2. Liability Limit. 
THE TOTAL LIABILITY OF VENDOR ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED 
AMOUNT PAID FOR LICENSE KEYS.

7. Miscellaneous.  
7.1. This Agreement will be governed by the laws of Alberta province of Canada.
7.2. Notwithstanding the foregoing, VENDOR may assign the entirety of its rights and obligations
under this Agreement, without consent of the CUSTOMER, to its affiliate or in connection with a 
merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
7.3. Future versions of the Licensed Software might have licensing conditions different than 
defined in this Agreement.

Licenses for dependency libraries are available via online User Manual at:
https://onewayautomation.com/visual-logger-docs/html/introduction.html#licenses-of-open-source-dependencies
