Important — Read Carefully:
This End-User License Agreement ("EULA") is a legal agreement between you the end user (either an individual or a single entity) and Rockwell Automation, Inc. ("Rockwell") for the computer software (including firmware) accompanying this EULA, which may include associated media, printed materials, and "online" or electronic documentation (collectively the "Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY OPENING THIS SEALED MEDIA PACKAGE, CLICKING "I ACCEPT", INSTALLING, OR OTHERWISE USING THE SOFTWARE OR THE PRODUCT IN WHICH THE SOFTWARE MAY BE EMBEDDED. IF YOU DO NOT AGREE, DO NOT OPEN, INSTALL OR USE THE SOFTWARE OR PRODUCT IN WHICH IT MAY BE EMBEDDED; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
Grant of License
Subject to the following terms and conditions, Rockwell Automation, Inc. ("Rockwell") and its third party licensors grants to the end user ("You") a non-exclusive, non-transferable, fully paid and royalty-free license, without the right of sublicense, to use the Software solely in the form of the object code or binary firmware image provided. This license is not a sale. You may not rent, lease, or lend the Software. Rockwell may cancel this EULA if you do not abide by its terms and conditions. This License applies to updates or supplements to the original Software, unless we provide other terms along with the update or supplement.
Reservation of Rights.
Rockwell and its Licensors reserves all rights not expressly granted to you in this EULA. Title and copyrights to the Software remain with Rockwell or its Licensors.
Limitation on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Software. You may not copy the Software or transfer it to other devices without the express prior written consent of Rockwell.
To use Software identified as an upgrade, you must first be licensed for the Software identified by Rockwell as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. When you install the Software, the Software replaces the component being upgraded, and you may use the Software in accordance with the terms of this EULA unless additional terms are provided along with such upgrade. EXPORT. You agree that you will not export or re-export the Software (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Software (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Software (or portions thereof) in the Softwareion of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. If the Software contains strong encryption and cannot be exported outside of the United States (including Puerto Rico, Guam and all other territories, dependencies and possessions of the United States) or Canada without a U.S. Commerce Department export license or an applicable license exception, You agree that you will not directly or indirectly export or re-export the Software (or portions thereof), other than to Canada without first obtaining an export license or determining that an exception is applicable.
The Software is provided "AS IS," without any representation or warranty whatsoever.
Disclaimer of Warranties
Rockwell and its suppliers provide the Software AS IS AND WITH ALL FAULTS. ROCKWELL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL ROCKWELL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF CONTRACT, AND EVEN IF ROCKWELL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Limitation of Liability and Remedies
The entire liability of Rockwell and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software or U.S.$5.00.
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Wisconsin, without reference to any conflict of laws principles. All disputes arising out of this EULA in the United States shall be subject to the exclusive jurisdiction of the state and federal courts located in Milwaukee, Wisconsin, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
This EULA may not be assigned by YOU without the prior written consent of Rockwell and any attempted assignment by YOU shall be void.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Rockwell relating to the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Rockwell policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.