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PROFESSIONAL END USER LICENSE AGREEMENT FOR GEB Automation IDE v3.2

ATTENTION: READ CAREFULLY BEFORE you purchase the PROFESSIONAL License.

This is an agreement between you, either an individual or a single entity ("END USER") and GEB Automation LLC, a limited liability company registered in Texas, USA ("GEB"), for the GEB Automation IDE, a software tool that helps you -the END USER- to translate IEC 61131-3 code into C code -readable by several devices - and may include printed materials, and online or electronic documentation ("IDE"). By installing, copying or otherwise using the IDE or the documentation, you accept the terms of this Professional License Agreement ("AGREEMENT"). If you do not agree to the terms of this AGREEMENT, do not install or use the IDE.

The IDE is protected by copyright laws and international copyright treaties. The IDE is licensed, not sold.

LICENSE:

Upon payment by END USER of the PROFESSIONAL License purchase price and subject to the terms and conditions of this Agreement, GEB grants and you accept a personal, non-exclusive, non-transferable license (without the right to grant sublicenses) to use the IDE for use on a single computer. All rights not expressly granted to you are reserved by GEB.

Except as otherwise explicitly permitted in this AGREEMENT or allowed by law, you may not: (a) modify, reverse-engineer, distribute, or create derivative works of the IDE or any part thereof; (b) copy (except to install and make one archival back-up copy), distribute, sell, loan, lease, assign, or otherwise transfer your rights to the IDE; or (c) remove or alter any trademark, copyright, or other proprietary notice in the IDE (d) provide access (directly or indirectly) to the Programs via a web or network application (e) disclose the activation key and/or license.  This AGREEMENT does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the IDE.

The installation and use of the IDE by the END USER, is permitted for the purpose of (i) porting new devices, (ii) programming any ported devices. Any other use is expressly prohibited.

A valid license key will be provided by GEB (information available at www.gebautomation.com).

If GEB detects usage violations (e.g. usage of same key in different locations), it will revoke the technical authorization for the license key provided.

NEED TO BE CONNECTED:

Be aware that at start up and/or randomly when you use the IDE to generate the C code, the IDE may send information to GEB's Internet license server and/or verify that the license is a valid one. If the IDE cannot communicate through Internet with the license server, then no C code will be generated and/or the IDE will cease to work and/or other limitations to the IDE will be applied. Therefore you will need to have an Internet connection working properly to use the IDE. Should you need to execute the IDE while offline, you will need to contact GEB (www.gebautomation.com) and obtain -paying the applicable price- a special permission with piece of hardware (hard lock key) at an extra cost. GEB is not obliged to grant this permission -and the hard lock- for working offline, and may deny it without cause.

GEB will provide a License server services to allow the IDE to verify the license keys and work accordingly. In the event that GEB definitively stops providing this License Server service -except in cases of maintenance of momentary failures-, it will make available a version of the GEB IDE that will work with hard lock keys for you, at no extra cost.

LIMITED WARRANTY:

The GEB IDE is a tool that helps you -the End User- to translate IEC 61131-3 code into C code but you will be responsible for reviewing the result, debugging the final code and testing it prior to using the result in any kind machine, procedure or production.

To the maximum extent permitted by applicable law, GEB provides the Software AS IS and hereby disclaims all warranties and conditions, either express, implied, or statutory, including but not limited to any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of negligence or lack of workmanlike effort, all with regard to the IDE, and the provision of or failure to provide support services.

LIMITATION OF LIABILITY:

AS EXPLAINED ABOVE, THE IDE IS A TOOL THAT DOES NOT ENSURE A PROPER RESULT. THEREFORE, IN NO EVENT WILL GEB BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST REVENUE OR PROFITS, LOST DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS IDE, EVEN IF GEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GEB LIMITS ITS LIABILITY TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE PRICE PAID. GEB does not assume any liabilities under the laws of any Country or Territory worldwide for any event resulting from the execution of GEB IDE resulting code, as standalone program or in conjunction with code generated by OTHERS running in any type of programmable machinery or device featured with programming capabilities, including but not limited to PLC's, microprocessors, computers, and controllers capable of performing any type of action perceivable or non- perceivable by human beings, or affecting life and environment. Neither GEB assumes any liabilities for non-compliances with the IEC 61131 standard, its modifications, corrections or errors. GEB's liability to you for direct damages for any causes whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the IDE.

INDEMNITY:

You hereby agree to indemnify, defend, and hold harmless GEB from and against any and all liabilities, damages, claims, costs, and expenses (including attorneys' fees and expenses related thereto) suffered or incurred by GEB relating to or arising from the use or distribution of your software applications. Notwithstanding the above, GEB shall have the right to defend any action, suit, or proceeding brought against you involving the use of the IDE, at its own expense, with counsel of its own choosing.

TERM AND TERMINATION:

This AGREEMENT is effective until terminated. You may terminate it at any time by destroying all copies of the IDE and all of its component parts. It will also terminate immediately without notice if you fail to comply with any term or condition of this AGREEMENT. Upon such termination you agree to destroy all copies of the IDE and all of its component parts. You may not assign or provide the license key to any third party.

MAINTENANCE, SUPPORT AND UPGRADE SERVICES:

Maintenance Services do not include (i) correction or elimination of faults or failures; (ii) rectification of lost or corrupted data; (iii) visits to the "End user" site; or (iv) new GEB IDE versions.

GEB will provide assistance requested and provided through e-mail or Skype for a total of two (2) non-consecutive hours during the first six months of this Agreement. This assistance will be provided during GEB’s office hours.

GEB is not obligated to provide upgrades, maintenance or technical support other than the amount of hours described above. Shall GEB decide to provide any of the following services then rates and conditions will be available on the webpage www.gebautomation.com: (i) Technical support: Assistance requested and provided through e-mail or phone. (ii) Upgrades: The right to install all available upgrades to new releases of the IDE for a period of two years.  (iii) Maintenance: GEB may modify the IDE, increasing or limiting its capabilities and publishing said modifications on its website. GEB has the right -not the obligation- to notify the existing users of the new versions published.

CONFIDENTIALITY:

GEB's policy is to keep all the information of the End Users confidential, however, you hereby acknowledge that some information, including without limitation data, questions, comments, suggestions shall be expressly deemed to be non-confidential, that GEB may publish it for technical or commercial information and that you will not claim any intellectual property right over said information or over any development made as a consequence of the information provided.

SOFTWARE OF THIRD PARTIES:

Third Parties License Notices and trademark notices are available as part of the IDE or in electronic formats.

MISCELLANEOUS:

This AGREEMENT is the entire AGREEMENT relating to the IDE and the support services. If any provision of this AGREEMENT is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

This AGREEMENT is governed by the laws of the State of Texas, USA.

If a portion of this AGREEMENT is held unenforceable, the remainder shall be valid. It means that if one section of the AGREEMENT is not lawful, the rest of the AGREEMENT is still in force. A party's failure to exercise any right under this AGREEMENT will not constitute a waiver of (a) any other terms or conditions of this AGREEMENT, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this AGREEMENT.

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