Copyright Notice

Copyright © 1995-2002 Cogent Real-Time Systems, Inc. All rights reserved.

Information in this document is subject to change without notice. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written consent of Cogent Real-Time Systems, Inc.

Cogent Real-Time Systems, Inc. assumes no responsibility for any errors or omissions, nor do we assume liability for damages resulting from the use of the information contained in this document.

Trademark Notice

Cascade DataHub, Cascade Connect, Connect Server, Cascade Historian, Cascade TextLogger, Cascade NameServer, Cascade QueueServer, RightSeat, SCADALisp and Gamma are trademarks of Cogent Real-Time Systems, Inc.

All other company and product names are trademarks or registered trademarks of their respective holders.

NON-COMMERCIAL USE END-USER LICENSE AGREEMENT FOR COGENT SOFTWARE

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Cogent Real-Time Systems Inc. ("Cogent") of 162 Guelph Street, Suite 253, Georgetown, Ontario, L7G 5X7, Canada (Tel: 905-702-7851, Fax: 905-702-7850), from whom you acquired the Cogent software product(s) ("SOFTWARE PRODUCT" or "SOFTWARE"), either directly from Cogent or through one of Cogent's authorized resellers. The SOFTWARE PRODUCT includes computer software, any associated media, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, Cogent is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact Cogent for instructions on return of the unused product(s) for a refund.

The SOFTWARE PRODUCT is protected by copyright laws and copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. NON-COMMERCIAL USE: This EULA intends to make it easy for developers and end users to use Cogent's software Non-Commercial Purposes, where "Non-Commercial Purposes" means:

   1. to evaluate Cogent's software and to do exploratory development and "proof of concept" prototyping of software applications (e.g., control systems, graphical interfaces and embedded systems), whether at home for personal use or at work as a prototyping tool,

   and where "Non-Commercial Purposes" specifically excludes:

   1. development of a system to be used for commercial gain, whether to be sold or to be used within a company, partnership, organization or entity that transacts commercial business,

   2. the use of the SOFTWARE PRODUCT in a commercial business for any reason other than exploratory development and "proof of concept" prototyping, even if the SOFTWARE PRODUCT is not incorporated into an application or product to be sold,

   3. the use of the SOFTWARE PRODUCT to enable the use of another application that was developed with the SOFTWARE PRODUCT,

   4. inclusion of the SOFTWARE PRODUCT in a collection of software, whether that collection is sold, given away, or made part of a larger collection.

   5. inclusion of the SOFTWARE PRODUCT in another product, whether or not that other product is sold, given away, or made part of a larger product.

2. GRANT OF LICENSE: This EULA grants you the following non-exclusive rights:

   Software: You may use the SOFTWARE PRODUCT on any number of computers, either stand-alone, or on a network, so long as every use of the SOFTWARE PRODUCT is for NON-COMMERCIAL USE. You may reproduce the SOFTWARE PRODUCT, but only as reasonably required to install and use it in accordance with this LICENSE or to follow your normal back-up practices.

   Subject to the license expressly granted above, you obtain no right, title or interest in or to the SOFTWARE PRODUCT or related documentation, including but not limited to any copyright, patent, trade secret or other proprietary rights therein. All whole or partial copies of the SOFTWARE PRODUCT remain property of Cogent and will be considered part of the SOFTWARE PRODUCT for the purpose of this EULA.

   Unless expressly permitted under this EULA or otherwise by Cogent, you will not:

   1. use, reproduce, modify, adapt, translate or otherwise transmit the SOFTWARE PRODUCT or related components, in whole or in part;

   2. rent, lease, license, transfer or otherwise provide access to the SOFTWARE PRODUCT or related components;

   3. alter, remove or cover proprietary notices in or on the SOFTWARE PRODUCT, related documentation or storage media;

   4. export the SOFTWARE PRODUCT from the country in which it was provided to you by Cogent or its authorized reseller;

   5. use a multi-processor version of the SOFTWARE PRODUCT in a network larger than that for which you have paid the corresponding multi-processor fees;

   6. decompile, disassemble or otherwise attempt or assist others to reverse engineer the SOFTWARE PRODUCT;

   7. use the SOFTWARE PRODUCT in any application that is intended to create or could, in the event of malfunction or failure, cause serious personal injury or property damage; or

   8. make use of the SOFTWARE PRODUCT for commercial gain, whether directly, indirectly or incidentally.

3. WARRANTY: Cogent cannot warrant that the SOFTWARE PRODUCT will function in accordance with related documentation in every combination of hardware platform, software environment and SOFTWARE PRODUCT configuration. You acknowledge that software bugs are likely to be identified when the SOFTWARE PRODUCT is used in your particular application. You therefore accept the responsibility of satisfying yourself that the SOFTWARE PRODUCT is suitable for your intended use. This includes conducting exhaustive testing of your application prior to its initial release and prior to the release of any related hardware or software modifications or enhancements.

   Subject to documentation errors, Cogent warrants to you for a period of ninety (90) days from acceptance of this EULA (as provided above) that the SOFTWARE PRODUCT as delivered by Cogent is capable of performing the functions described in related Cogent user documentation when used on appropriate hardware. Cogent also warrants that any enclosed disk(s) will be free from defects in material and workmanship under normal use for a period of ninety (90) days from acceptance of this EULA. Cogent is not responsible for disk defects that result from accident or abuse. Your sole remedy for any breach of warranty will be either: i) terminate this EULA and receive a refund of any amount paid to Cogent for the SOFTWARE PRODUCT, or ii) to receive a replacement disk.

4. LIMITATIONS: Except as expressly warranted above, the SOFTWARE PRODUCT, any related documentation and disks are provided "as is" without other warranties or conditions of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume the entire risk as to the results and performance of the SOFTWARE PRODUCT. Nothing stated in this EULA will imply that the operation of the SOFTWARE PRODUCT will be uninterrupted or error free or that any errors will be corrected. Other written or oral statements by Cogent, its representatives or others do not constitute warranties or conditions of Cogent.

   In no event will Cogent (or its officers, employees, suppliers, distributors, or licensors: collectively "Its Representatives") be liable to you for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue, lost or damaged data or other commercial or economic loss, arising out of any breach of this EULA, any use or inability to use the SOFTWARE PRODUCT or any claim made by a third party, even if Cogent (or Its Representatives) have been advised of the possibility of such damage or claim. In no event will the aggregate liability of Cogent (or that of Its Representatives) for any damages or claim, whether in contract, tort or otherwise, exceed the amount paid by you for the SOFTWARE PRODUCT.

   These limitations shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or certain limitations of implied warranties. Therefore the above limitation may not apply to you.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

   Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

   Termination: Without prejudice to any other rights, Cogent may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

6. UPGRADES: If the SOFTWARE PRODUCT is an upgrade from another product, whether from Cogent or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgrade product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Cogent product, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs which you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

7. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and 'applets", incorporated into the SOFTWARE PRODUCT), any accompanying printed material, and any copies of the SOFTWARE PRODUCT, are owned by Cogent or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this EULA are reserved by Cogent.

8. PRODUCT SUPPORT: Cogent has no obligation under this EULA to provide maintenance, support or training.

9. RESTRICTED RIGHTS: Use, duplication, or disclosure by the U.S. Government is subject to restrictions as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as appropriate. Manufacturer is Cogent Real-Time Systems Inc. 162 Guelph Street, Suite 253, Georgetown, Ontario, L7G 5X7, Canada.

If you acquired the SOFTWARE in Canada, this Software License Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of Mississauga, Province of Ontario. If you acquired the SOFTWARE outside Canada, local law may apply.