Rockwell Automation 9307 FactoryTalk EnergyMetrix User Manual

Page 316

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FactoryTalk EnergyMetrix Software

316

MISCELLANEOUS.

This EULA shall be governed by the laws of the State of Wisconsin, without regard to any
conflict of laws provisions. The United Nations Convention on the International Sale of
Goods will not apply. You agree to bring any action in connection with this EULA or the
Software exclusively in the state or federal courts of Wisconsin, and You further agree to
the jurisdiction of the state and federal courts of Wisconsin for any action that Rockwell
Automation brings against You.

You may not separate component parts of the Software for independent use. The Software
may contain third party software which requires notices and/or additional terms and
conditions. Such required third party notices and/or additional terms and conditions are
identified in the help or about screens and license.txt or readme text files of the Software
and are made a part of and incorporated by reference into this EULA. By accepting this
EULA, You agree to review such terms and conditions set forth therein, if any, and Your
use of the Software will be deemed to be Your acceptance thereof.

This EULA, and any amendment or addendum to this EULA that accompanies the
Software is the complete and exclusive agreement between Rockwell Automation and
You, and supersedes all prior agreements, whether written or oral, relating to the Software
provided and the Documentation. This EULA may not be changed or modified except by
an instrument in writing signed by a duly authorized representative of Rockwell
Automation. If for any reason a court of competent jurisdiction finds any provision of this
EULA or portion thereof, to be unenforceable, that provision of the EULA shall be
enforced to the maximum extent permissible so as to affect the intent of the parties, and
the remainder of this EULA shall continue in full force and effect.

The parties acknowledge that they have required the EULA to be drafted in English. Les
parties reconnaissent avoir exigé la rédaction en anglais du Contrat. In the event of a
conflict between the English and other language versions, the English version will prevail.

LICENSE ADDENDUM TO END USER LICENSE AGREEMENT FOR RSLOGIX
SOFTWARE

RSLogix License Restriction:

If the Software is RSLogix, this License does not grant You the right to provide or utilize
the Software as part of or in connection with a third party service or software application
that interacts with the Software: (a) without You manually inputting all commands (e.g.
local or remote keyboard emulation without manual keyboard input would be prohibited);
or (b) by providing or applying automated instructions or scripting technology to the
Software. If this Addendum is being provided for an update of Software that did not
contain the above RSLogix License Restriction when it was originally licensed to You,
Your earlier rights of use shall apply for the update if You were previously using the
Software in the manner now restricted.

Automation Interface Program:

Rockwell Automation has developed a programmatic interface to its RSLogix Software
(the “Automation Interface”). The Automation Interface is intended to provide enhanced
functionality between Rockwell Automation software products.

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