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License Agreement

You must agree to the terms of the OPC Foundation license agreement before you may access any material on this website.

The following License Agreements are covered below:

OPC Unified Architecture (UA) 
OPC Express Interface (Xi)
OPC Classic (COM)

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The Following agreement applies to all UA Specifications:
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-->   AGREEMENT OF USE  <--

Any unauthorized use of this specification may violate copyright laws, trademark laws, and communications regulations and statutes. This document contains information which is protected by copyright. All Rights Reserved. No part of this work covered by copyright herein may be reproduced or used in any form or by any means--graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems--without permission of the copyright owner.
OPC Foundation members and non-members are prohibited from copying and redistributing this specification. All copies must be obtained on an individual basis, directly from the OPC Foundation Web site
http://www.opcfoundation.org.

PATENTS

The attention of adopters is directed to the possibility that compliance with or adoption of OPC specifications may require use of an invention covered by patent rights. OPC shall not be responsible for identifying patents for which a license may be required by any OPC specification, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. OPC specifications are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents.

WARRANTY AND LIABILITY DISCLAIMERS

WHILE THIS PUBLICATION IS BELIEVED TO BE ACCURATE, IT IS PROVIDED "AS IS" AND MAY CONTAIN ERRORS OR MISPRINTS. THE OPC FOUDATION MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THIS PUBLICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL THE OPC FOUNDATION BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The entire risk as to the quality and performance of software developed using this specification is borne by you.

RESTRICTED RIGHTS LEGEND

This Specification is provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer are the OPC Foundation,. 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830

COMPLIANCE

The OPC Foundation shall at all times be the sole entity that may authorize developers, suppliers and sellers of hardware and software to use certification marks, trademarks or other special designations to indicate compliance with these materials. Products developed using this specification may claim compliance or conformance with this specification if and only if the software satisfactorily meets the certification requirements set by the OPC Foundation. Products that do not meet these requirements may claim only that the product was based on this specification and must not claim compliance or conformance with this specification.

TRADEMARKS

Most computer and software brand names have trademarks or registered trademarks. The individual trademarks have not been listed here.

GENERAL PROVISIONS

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. 
This Agreement shall be governed by and construed under the laws of the State of Minnesota, excluding its choice or law rules.
This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, this specification.

ISSUE REPORTING

The OPC Foundation strives to maintain the highest quality standards for its published specifications, hence they undergo constant review and refinement. Readers are encouraged to report any issues and view any existing errata here:
http://www.opcfoundation.org/errata

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OPC UA CODE DELIVERABLE LICENSES
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An overview of the OPC Unified Architecture Licensing scheme can be found here:
http://opcfoundation.org/License

All binaries and documentation files are subject to the term of the "OPC Redistributables License Version 1.00".

The complete license agreement can be found here: 
http://opcfoundation.org/License/Redistributables/1.00/

All source files are subject to one of

OPC Foundation MIT License Version 1.00
OPC Reciprocal Community License ("RCL") Version 1.00
OPC Reciprocal Community Binary License ("RCBL") Version 1.00

The complete license agreements can be found here:

http://opcfoundation.org/License/MIT/1.00/
http://opcfoundation.org/License/RCL/1.00/
http://opcfoundation.org/License/RCBL/1.00/

The applicable license agreement is declared at the top of each source file.

If a declaration is missing from a source file then the file is subject to the OPC Reciprocal Community Binary License ("RCBL") Version 1.00.

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OPC REDISTRIBUTABLES LICENSE 1.00
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OPC FOUNDATION SOFTWARE LICENSE TERMS
OPC FOUNDATION REDISTRIBUTABLES
These license terms are an agreement between the OPC Foundation  and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any OPC Foundation
* updates,
* supplements,
* Internet-based services, and 
* support services
for this software, unless other terms accompany those items.  If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1.	INSTALLATION AND USE RIGHTS.  
a.	Installation and Use.  You may install and use any number of copies of the software on your devices.
b.	Included OPC Foundation Programs.  The software may contains other OPC Foundation programs.  The license terms with those programs apply to your use of them.
2.	ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.	Distributable Code.  The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i.	Right to Use and Distribute.  The code and text files listed below are “Distributable Code.”
* REDIST.TXT Files.  You may copy and distribute the object code form of code listed in REDIST.TXT files.
* Sample Code.  You may modify, copy, and distribute the source and object code form of code marked as “sample”, as well as those marked as follows:
[applicable file directories go here]
* Third Party Distribution.  You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii.	Distribution Requirements.  For any Distributable Code you distribute, you must
* add significant primary functionality to it in your programs;
* require distributors and external end users to agree to terms that protect it at least as much as this agreement; 
* display your valid copyright notice on your programs; and
* indemnify, defend, and hold harmless the OPC Foundation from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii.	Distribution Restrictions.  You may not
* alter any copyright, trademark or patent notice in the Distributable Code; 
* use the OPC Foundation’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by the OPC Foundation; 
* include Distributable Code in malicious, deceptive or unlawful programs; or
* modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License.  An Excluded License is one that requires, as a condition of use, modification or distribution, that
* the code be disclosed or distributed in source code form; or 
* others have the right to modify it.
3.	SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software. The OPC Foundation reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.    You may not
* disclose the results of any benchmark tests of the software to any third party without OPC Foundation’s prior written approval;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software; or
4.	BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.
5.	DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6.	EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.
7.	SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8.	ENTIRE AGREEMENT.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9.	APPLICABLE LAW.
a.	United States.  If you acquired the software in the United States, Minnesota state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b.	Outside the United States.  If you acquired the software in any other country, the laws of that country apply.
10.	LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11.	DISCLAIMER OF WARRANTY.   THE SOFTWARE IS LICENSED “AS-IS.”  YOU BEAR THE RISK OF USING IT.  THS OPC FOUNDATION GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE OPC FOUNDATION EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.	LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.  YOU CAN RECOVER FROM THE OPC FOUNDATION AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00.  YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if the OPC Foundation knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. OPC Foundation n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES.  Vous pouvez obtenir de OPC Foundation et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
* tout  ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
* les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si OPC Foundation connaissait ou devrait connaître l’éventualité d’un tel dommage.  Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE.  Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays.  Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.

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RECIPROCAL COMMUNITY LICENSE 1.00 (RCL1.00)
===================================================

Reciprocal Community License (RCL)
Version 1.00, June 24, 2009
Copyright (C) 2008,2009 OPC Foundation, Inc., All Rights Reserved. 
PREAMBLE
The Reciprocal Community License (RCL) is based on the concept of reciprocity or, if you prefer, fairness. 
The RCL is adapted from the Open Source Reciprocal Public License (RPL) where the “Public” in the Open Source RPL license is replaced by the “Community” in the RCL License. In short, the RPL license grew out of a desire to close loopholes in previous open source licenses, loopholes that allowed parties to acquire open source software and derive financial benefit from it without having to release their improvements or derivatives to the community which enabled them. This occurred any time an entity did not release their application to a "third party". While there is a certain freedom in this model of licensing, it struck the authors of the RPL as being unfair to the open source community at large and to the original authors of the works in particular. After all, bug fixes, extensions, and meaningful and valuable derivatives were not consistently faster, growth and expansion of the overall open source software base.
While you should clearly read and understand the entire license, the essence of the RCL is found in two definitions: "Deploy" and "Required Components".
Regarding deployment, under the RCL your changes, bug fixes, extensions, etc. must be made available to the community when you Deploy in any form -- either internally or to an outside party. Once you start running the software you have to start sharing the software.
Further, under the RCL all derivative work components you author including schemas, scripts, source code, documentation, etc. -- must be shared. You have to share the whole pie, not an isolated slice of it. The authored components you must share are confined to the original module licensed (e.g. SDK, stack, wrapper, proxy, utility, etc.). You do not need to share any additional authored components that you create that utilize the licensed component. This license is meant to be friendly to commercial software vendors that must protect the IP in their code. You are not expected to share your proprietary source code that makes use of the module(s) licensed under this agreement.  
The specific terms and conditions of the license are defined in the remainder of this document.
1	LICENSE TERMS
1.1	General; Applicability & Definitions. This Reciprocal Community License Version 1.00 ("License") applies to any programs or other works as well as any and all updates or maintenance releases of said programs or works ("Software") not already covered by this License which the Software copyright holder ("Licensor") makes available containing a License Notice (hereinafter defined) from the Licensor specifying or allowing use or distribution under the terms of this License. As used in this License: 
1.2	"Contributor" means any person or entity who created or contributed to the creation of an Extension. 
1.3	"Deploy" means to use, Serve, sublicense or distribute Licensed Software other than for Your internal Research and/or Personal Use, and includes without limitation, any and all internal use or distribution of Licensed Software within Your business or organization other than for Research and/or Personal Use, as well as direct or indirect sublicensing or distribution of Licensed Software by You to any third party. 
1.4	"Derivative Works" as used in this License is defined under U.S. copyright law. 
1.5	"Extensions" means any Modifications, Derivative Works, or Required Components as those terms are defined in this License. 
1.6	"License" means this Reciprocal Community License. 
1.7	"License Notice" means any notice contained in EXHIBIT A.
1.8	"Licensed Software" means any Software licensed pursuant to this License. Licensed Software also includes all previous Extensions from any Contributor that You receive. 
1.9	"Licensor" means the copyright holder of any Software previously not covered by this License who releases the Software under the terms of this License. 
1.10	"Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Software, or (ii) any new file that contains any part of Licensed Software. 
1.11	"Original Licensor" means the Licensor that is the copyright holder of the original work. For this license the Original Licensor is always the OPC Foundation.
1.12	"Personal Use" means use of Licensed Software by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Licensed Software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. 
1.13	"Required Components" means any text, programs, scripts, schema, interface definitions, control files, or other works created by You which are required by a third party of average skill to successfully install and run Licensed Software containing Your Modifications, or to install and run Your Derivative Works. Required Components by this definition are the supporting works that are necessary to utilize your Modifications and Derivative Works. This does not include your applications and supporting works that utilize the Licensed Software.
1.14	"Research" means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses. 
1.15	"Serve" means to deliver Licensed Software and/or Your Extensions by means of a computer network to one or more computers for purposes of execution of Licensed Software and/or Your Extensions. 
1.16	"Software" means any computer programs or other works as well as any updates or maintenance releases of those programs or works which are distributed publicly by Licensor. 
1.17	"Source Code" means the preferred form for making modifications to the Licensed Software and/or Your Extensions, including all modules contained therein, plus any associated text, interface definition files, scripts used to control compilation and installation of an executable program or other components required by a third party of average skill to build a running version of the Licensed Software or Your Extensions.
1.18	"User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
1.19	"You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 
2.0 Acceptance Of License. You are not required to accept this License since you have not signed it, however nothing else grants you permission to use, copy, distribute, modify, or create derivatives of either the Software or any Extensions created by a Contributor. These actions are prohibited by law if you do not accept this License. Therefore, by performing any of these actions You indicate Your acceptance of this License and Your agreement to be bound by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. 
3.0 Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants You a world-wide, royalty-free, non- exclusive license, subject to Licensor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 
3.1 Use, reproduce, modify, display, and perform Licensed Software and Your Extensions in both Source Code form or as an executable program. You may also sublicense and distribute Licensed Software and Your Extensions as an executable program. OPC Foundation Corporate Members may also sublicense and distribute Licensed Software and Your Extensions in Source Code form.
3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of Licensed Software. 
3.3 Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof. 
3.4 Licensor reserves the right to release new versions of the Software with different features, specifications, capabilities, functions, licensing terms, general availability or other characteristics. Title, ownership rights, and intellectual property rights in and to the Licensed Software shall remain in Licensor and/or its Contributors. 
4.0 Grant of License From Contributor. By application of the provisions in Section 6 below, each Contributor hereby grants You a world-wide, royalty- free, non-exclusive license, subject to said Contributor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 
4.1 Use, reproduce, modify, display and perform any Extensions Deployed by such Contributor or portions thereof, in both Source Code form or as an executable program, either on an unmodified basis or as part of Derivative Works. You may also sublicense and distribute Extensions Deployed by such Contributor or portions thereof, as an executable program. OPC Foundation Corporate Members may also sublicense and distribute Extensions Deployed by such Contributor or portions thereof,in Source Code form.
4.2 Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, have made, and/or otherwise dispose of Extensions or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof. 
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. Except as expressly stated in Sections 3 and 4, no other patent rights, express or implied, are granted herein. Your Extensions may require additional patent licenses from Licensor or Contributors which each may grant in its sole discretion. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Software. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Licensed Software set forth herein, no assurances are provided by Licensor or any Contributor that the Licensed Software does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Licensed Software, it is Your responsibility to acquire that license before distributing the Licensed Software. 
6.0 Your Obligations And Grants. In consideration of, and as an express condition to, the licenses granted to You under this License You hereby agree that any Modifications, Derivative Works, or Required Components (collectively Extensions) that You create or to which You contribute are governed by the terms of this License including, without limitation, Section 4. Any Extensions that You create or to which You contribute must be Deployed under the terms of this License or a future version of this License released under Section 7. You hereby grant to Licensor and all third parties a world-wide, non-exclusive, royalty-free license under those intellectual property rights You own or control to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Licensed Software, in any form. Any Extensions You make and Deploy must have a distinct title so as to readily tell any subsequent user or Contributor that the Extensions are by You. You must include a copy of this License or directions on how to obtain a copy with every copy of the Extensions You distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Software, or its Extensions that alter or restrict the applicable version of this License or the recipients' rights hereunder. Additionally, you herby grant to the Original Licensor the right to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Licensed Software, in any form, under the terms of this license and/or any other license terms it sees fit.
6.1 Availability of Source Code. You must make available, under the terms of this License, the Source Code of any Extensions that You Deploy, by uploading the Source Code directly to the website of the Original Licensor. The Source Code for any version that You Deploy must be made available within one (1) month of when you Deploy. You may not charge a fee for any copy of the Source Code distributed under this Section. At the sole discretion of the Original Licensor, some or all of Your contributed Source Code may be included in a future baseline version released by the Original Licensor.
6.2 Description of Modifications. You must cause any Modifications that You create or to which You contribute to be documented in the Source Code, clearly describing the additions, changes or deletions You made. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Software and include the names of the Licensor and any Contributor to the Licensed Software in (i) the Source Code and (ii) in any notice displayed by the Licensed Software You distribute or in related documentation in which You describe the origin or ownership of the Licensed Software. You may not modify or delete any pre-existing copyright notices, change notices or License text in the Licensed Software without written permission of the respective Licensor or Contributor.
6.3 Intellectual Property Matters. 
a. Third Party Claims. If You have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, You must include a human-readable file with Your distribution that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact.
b. Contributor APIs. If Your Extensions include an application programming interface ("API") and You have knowledge of patent licenses that are reasonably necessary to implement that API, You must also include this information in a human-readable file supplied with Your distribution. 
c. Representations. You represent that, except as disclosed pursuant to 6.3(a) above, You believe that any Extensions You distribute are Your original creations and that You have sufficient rights to grant the rights conveyed by this License. 
6.4 Required Notices. 
a. License Text. You must duplicate this License or instructions on how to acquire a copy in any documentation You provide along with the Source Code of any Extensions You create or to which You contribute, wherever You describe recipients' rights relating to Licensed Software.
b. License Notice. You must duplicate any notice contained in EXHIBIT A (the "License Notice") in each file of the Source Code of any copy You distribute of the Licensed Software and Your Extensions. If You create an Extension, You may add Your name as a Contributor to the Source Code and accompanying documentation along with a description of the contribution. If it is not possible to put the License Notice in a particular Source Code file due to its structure, then You must include such License Notice in a location where a user would be likely to look for such a notice.
c. User-Visible Attribution. You must duplicate any notice contained in EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display of the Licensed Software and Your Extensions which delineates copyright, ownership, or similar attribution information. If You create an Extension, You may add Your name as a Contributor, and add Your attribution notice, as an equally visible and functional element of any User-Visible Attribution Notice content. To ensure proper attribution, You must also include such User-Visible Attribution Notice in at least one location in the Software documentation where a user would be likely to look for such notice.
6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Software. However, You may do so only on Your own behalf, and not on behalf of the Licensor or any Contributor except as permitted under other agreements between you and Licensor or Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Licensor and every Contributor for any liability plus attorney fees, costs, and related expenses due to any such action or claim incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by virtue of being Derivative Works of another product or similar circumstance, fall under the terms of another license, the terms of that license should be honored however You must also make Your Extensions available under this License. If the terms of this License continue to conflict with the terms of the other license you may write the Licensor for permission to resolve the conflict in a fashion that remains consistent with the intent of this License. Such permission will be granted at the sole discretion of the Licensor. 
7.0 Versions of This License. Licensor may publish from time to time revised versions of the License. Once Licensed Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Licensed Software under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Software created under this License.
7.1 If You create or use a modified version of this License, which You may do only in order to apply it to software that is not already Licensed Software under this License, You must rename Your license so that it is not confusingly similar to this License, and must make it clear that Your license contains terms that differ from this License. In so naming Your license, You may not use any trademark of Licensor or of any Contributor. Should Your modifications to this License be limited to alteration of a) Section 13.8 solely to modify the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define License Notice text, or c) to EXHIBIT B solely to define a User-Visible Attribution Notice, You may continue to refer to Your License as the Reciprocal Community License or simply the RCL.
8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 
10.0 Restricted Rights Legend.  This Specification is provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer are the OPC Foundation,. 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830
11.0 Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License which specifically disclaims warranties and limits any liability of the Licensor. This paragraph is to be used in conjunction with and controlled by the Disclaimer Of Warranties of Section 8, the Limitation Of Damages in Section 9, and the disclaimer against use for High Risk Activities in Section 10. The Licensor has thereby disclaimed all warranties and limited any damages that it is or may be liable for. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis consistent with the terms of this License including Sections 8, 9, and 10. Nothing herein is intended or shall be deemed to constitute any admission of liability. 
12.0 Termination. This License and all rights granted hereunder will terminate immediately in the event of the circumstances described in Section 13.6 or if applicable law prohibits or restricts You from fully and or specifically complying with Sections 3, 4 and/or 6, or prevents the enforceability of any of those Sections, and You must immediately discontinue any use of Licensed Software. 
12.1 Automatic Termination Upon Breach. This License and the rights granted hereunder will terminate automatically if You fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Software that are properly granted shall survive any termination of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive. 
12.2 Termination Upon Assertion of Patent Infringement. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom You file such an action is referred to herein as "Respondent") alleging that Licensed Software directly or indirectly infringes any patent, then any and all rights granted by such Respondent to You under Sections 3 or 4 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period You either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for Your past or future use of Licensed Software made by such Respondent, or (ii) withdraw Your litigation claim with respect to Licensed Software against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to You under Sections 3 and 4 automatically terminate at the expiration of said Notice Period. 
12.3 Reasonable Value of This License. If You assert a patent infringement claim against Respondent alleging that Licensed Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 3 and 4 shall be taken into account in determining the amount or value of any payment or license. 
12.4 No Retroactive Effect of Termination. In the event of termination under this Section all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by You or any distributor hereunder prior to termination shall survive termination. 
13.0 Miscellaneous. 
13.1 U.S. Government End Users. The Licensed Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Software with only those rights set forth herein. 
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between or among You, Licensor, or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance, or otherwise. 
13.3 Independent Development. Nothing in this License will impair Licensor's right to acquire, license, develop, subcontract, market, or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Extensions that You may develop, produce, market, or distribute. 
13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. 
13.5 Severability. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. 
13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Licensed Software due to statute, judicial order, or regulation, then You cannot use, modify, or distribute the software. 
13.7 Export Restrictions. You may be restricted with respect to downloading or otherwise acquiring, exporting, or reexporting the Licensed Software or any underlying information or technology by United States and other applicable laws and regulations. By downloading or by otherwise obtaining the Licensed Software, You are agreeing to be responsible for compliance with all applicable laws and regulations. 
13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by Minnesota law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any dispute relating to this License shall be submitted to binding arbitration under the rules then prevailing of the American Arbitration Association. You further agree that Minnesota USA is proper venue and grant such arbitration proceeding jurisdiction as may be appropriate for purposes of resolving any dispute under this License. Judgment upon any award made in arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrator shall award attorney's fees and costs of arbitration to the prevailing party. Should either party find it necessary to enforce its arbitration award or seek specific performance of such award in a civil court of competent jurisdiction, the prevailing party shall be entitled to reasonable attorney's fees and costs. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License. 
13.9 Entire Agreement. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. 
EXHIBIT A 
The License Notice below must appear in each file of the Source Code of any copy You distribute of the Licensed Software or any Extensions thereto:
Unless explicitly acquired and licensed from Licensor under another license, the contents of this file are subject to the Reciprocal Community License ("RCL") Version 0.9, or subsequent versions as allowed by the RCL, and You may not copy or use this file in either source code or executable form, except in compliance with the terms and conditions of the RCL.
All software distributed under the RCL is provided strictly on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RCL for specific language governing rights and limitations under the RCL. 
EXHIBIT B
The User-Visible Attribution Notice below, when provided, must appear in each user-visible display as defined in Section 6.4 (c):
“Portions copyright © by OPC Foundation, Inc. and licensed under the Reciprocal Community License (RCL)”

===================================================
RECIPROCAL COMMUNITY BINARY LICENSE 1.00 (RCBL1.00)
===================================================

Reciprocal Community Binary License (RCBL)
Version 1.00, March 26, 2009
Copyright (C) 2008, 2009 OPC Foundation, Inc., All Rights Reserved. 
PREAMBLE
The Reciprocal Community Binary License (RCBL) is based on the concept of reciprocity or, if you prefer, fairness. 
The RCBL is similar to the Reciprocal Community License with the added restriction that only the Original Licensor may distribute Source Code. All other Licensors may only distribute the licensed components in compiled binary form, including any Contributed code authored directly by the Licensor.
While you should clearly read and understand the entire license, the essence of the RCBL is found in two definitions: "Deploy" and "Required Components".
Regarding deployment, under the RCBL your changes, bug fixes, extensions, etc. must be made available to the community when you Deploy in any form -- either internally or to an outside party. Once you start running the software you have to start sharing the software.
Further, under the RCBL all derivative work components you author including schemas, scripts, source code, documentation, etc. -- must be shared. You have to share the whole pie, not an isolated slice of it. The authored components you must share are confined to the original module licensed (e.g. SDK, stack, wrapper, proxy, utility, etc.). You do not need to share any additional authored components that you create that utilize the licensed component. This license is meant to be friendly to commercial software vendors that must protect the IP in their code. You are not expected to share your proprietary source code that makes use of the module(s) licensed under this agreement.  
The specific terms and conditions of the license are defined in the remainder of this document.
2	LICENSE TERMS
2.1	General; Applicability & Definitions. This Reciprocal Community Binary License Version 1.00 ("License") applies to any programs or other works as well as any and all updates or maintenance releases of said programs or works ("Software") not already covered by this License which the Software copyright holder ("Licensor") makes available containing a License Notice (hereinafter defined) from the Licensor specifying or allowing use or distribution under the terms of this License. As used in this License: 
2.2	"Contributor" means any person or entity who created or contributed to the creation of an Extension. 
2.3	"Deploy" means to use, Serve, sublicense or distribute Licensed Software other than for Your internal Research and/or Personal Use, and includes without limitation, any and all internal use or distribution of Licensed Software within Your business or organization other than for Research and/or Personal Use, as well as direct or indirect sublicensing or distribution of Licensed Software by You to any third party. 
2.4	"Derivative Works" as used in this License is defined under U.S. copyright law. 
2.5	"Extensions" means any Modifications, Derivative Works, or Required Components as those terms are defined in this License. 
2.6	"License" means this Reciprocal Community Binary License. 
2.7	"License Notice" means any notice contained in EXHIBIT A.
2.8	"Licensed Software" means any Software licensed pursuant to this License. Licensed Software also includes all previous Extensions from any Contributor that You receive. 
2.9	"Licensor" means the copyright holder of any Software previously not covered by this License who releases the Software under the terms of this License. 
2.10	"Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Software, or (ii) any new file that contains any part of Licensed Software. 
2.11	"Original Licensor" means the Licensor that is the copyright holder of the original work. For this license the Original Licensor is always the OPC Foundation.
2.12	"Personal Use" means use of Licensed Software by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Licensed Software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. 
2.13	"Required Components" means any text, programs, scripts, schema, interface definitions, control files, or other works created by You which are required by a third party of average skill to successfully install and run Licensed Software containing Your Modifications, or to install and run Your Derivative Works. Required Components by this definition are the supporting works that are necessary to utilize your Modifications and Derivative Works. This does not include your applications and supporting works that utilize the Licensed Software.
2.14	"Research" means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses. 
2.15	"Serve" means to deliver Licensed Software and/or Your Extensions by means of a computer network to one or more computers for purposes of execution of Licensed Software and/or Your Extensions. 
2.16	"Software" means any computer programs or other works as well as any updates or maintenance releases of those programs or works which are distributed publicly by Licensor. 
2.17	"Source Code" means the preferred form for making modifications to the Licensed Software and/or Your Extensions, including all modules contained therein, plus any associated text, interface definition files, scripts used to control compilation and installation of an executable program or other components required by a third party of average skill to build a running version of the Licensed Software or Your Extensions.
2.18	"User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
2.19	"You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 
2.0 Acceptance Of License. You are not required to accept this License since you have not signed it, however nothing else grants you permission to use, copy, distribute, modify, or create derivatives of either the Software or any Extensions created by a Contributor. These actions are prohibited by law if you do not accept this License. Therefore, by performing any of these actions You indicate Your acceptance of this License and Your agreement to be bound by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. 
3.0 Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants You a world-wide, royalty-free, non- exclusive license, subject to Licensor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 
3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed Software and Your Extensions in binary form only (e.g. as an executable program). UNDER NO CIRCUMSTANCES SHALL THE ORIGINAL WORK OR EXTENSIONS BE SUBLICENSED OR DISTRIBUTED IN SOURCE CODE FORM.
3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of Licensed Software. 
3.3 Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof. 
3.4 Licensor reserves the right to release new versions of the Software with different features, specifications, capabilities, functions, licensing terms, general availability or other characteristics. Title, ownership rights, and intellectual property rights in and to the Licensed Software shall remain in Licensor and/or its Contributors. 
4.0 Grant of License From Contributor. By application of the provisions in Section 6 below, each Contributor hereby grants You a world-wide, royalty- free, non-exclusive license, subject to said Contributor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 
4.1 Use, reproduce, modify, display, perform, sublicense and distribute any Extensions Deployed by such Contributor or portions thereof, in both Source Code form or as an executable program, either on an unmodified basis or as part of Derivative Works. 
4.2 Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, have made, and/or otherwise dispose of Extensions or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof. 
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. Except as expressly stated in Sections 3 and 4, no other patent rights, express or implied, are granted herein. Your Extensions may require additional patent licenses from Licensor or Contributors which each may grant in its sole discretion. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Software. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Licensed Software set forth herein, no assurances are provided by Licensor or any Contributor that the Licensed Software does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Licensed Software, it is Your responsibility to acquire that license before distributing the Licensed Software. 
6.0 Your Obligations And Grants. In consideration of, and as an express condition to, the licenses granted to You under this License You hereby agree that any Modifications, Derivative Works, or Required Components (collectively Extensions) that You create or to which You contribute are governed by the terms of this License including, without limitation, Section 4. Any Extensions that You create or to which You contribute must be Deployed under the terms of this License or a future version of this License released under Section 7. You hereby grant to Licensor and all third parties a world-wide, non-exclusive, royalty-free license under those intellectual property rights You own or control to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Licensed Software, in any form. Any Extensions You make and Deploy must have a distinct title so as to readily tell any subsequent user or Contributor that the Extensions are by You. You must include a copy of this License or directions on how to obtain a copy with every copy of the Extensions You distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Software, or its Extensions that alter or restrict the applicable version of this License or the recipients' rights hereunder. Additionally, you herby grant to the Original Licensor the right to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Licensed Software, in any form, under the terms of this license and/or any other license terms it sees fit.
6.1 Availability of Source Code. You must make available, under the terms of this License, the Source Code of any Extensions that You Deploy, by uploading the Source Code directly to the website of the Original Licensor. The Source Code for any version that You Deploy must be made available within one (1) month of when you Deploy. You may not charge a fee for any copy of the Source Code distributed under this Section. At the sole discretion of the Original Licensor, some or all of Your contributed Source Code may be included in a future baseline version released by the Original Licensor.
6.2 Description of Modifications. You must cause any Modifications that You create or to which You contribute to be documented in the Source Code, clearly describing the additions, changes or deletions You made. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Software and include the names of the Licensor and any Contributor to the Licensed Software in (i) the Source Code and (ii) in any notice displayed by the Licensed Software You distribute or in related documentation in which You describe the origin or ownership of the Licensed Software. You may not modify or delete any pre-existing copyright notices, change notices or License text in the Licensed Software without written permission of the respective Licensor or Contributor.
6.3 Intellectual Property Matters. 
a. Third Party Claims. If You have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, You must include a human-readable file with Your distribution that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact.
b. Contributor APIs. If Your Extensions include an application programming interface ("API") and You have knowledge of patent licenses that are reasonably necessary to implement that API, You must also include this information in a human-readable file supplied with Your distribution. 
c. Representations. You represent that, except as disclosed pursuant to 6.3(a) above, You believe that any Extensions You distribute are Your original creations and that You have sufficient rights to grant the rights conveyed by this License. 
6.4 Required Notices. 
a. License Text. You must duplicate this License or instructions on how to acquire a copy in any documentation You provide along with the Source Code of any Extensions You create or to which You contribute, wherever You describe recipients' rights relating to Licensed Software.
b. License Notice. You must duplicate any notice contained in EXHIBIT A (the "License Notice") in each file of the Source Code of any copy You distribute of the Licensed Software and Your Extensions. If You create an Extension, You may add Your name as a Contributor to the Source Code and accompanying documentation along with a description of the contribution. If it is not possible to put the License Notice in a particular Source Code file due to its structure, then You must include such License Notice in a location where a user would be likely to look for such a notice.
c. User-Visible Attribution. You must duplicate any notice contained in EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display of the Licensed Software and Your Extensions which delineates copyright, ownership, or similar attribution information. If You create an Extension, You may add Your name as a Contributor, and add Your attribution notice, as an equally visible and functional element of any User-Visible Attribution Notice content. To ensure proper attribution, You must also include such User-Visible Attribution Notice in at least one location in the Software documentation where a user would be likely to look for such notice.
6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Software. However, You may do so only on Your own behalf, and not on behalf of the Licensor or any Contributor except as permitted under other agreements between you and Licensor or Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Licensor and every Contributor for any liability plus attorney fees, costs, and related expenses due to any such action or claim incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by virtue of being Derivative Works of another product or similar circumstance, fall under the terms of another license, the terms of that license should be honored however You must also make Your Extensions available under this License. If the terms of this License continue to conflict with the terms of the other license you may write the Licensor for permission to resolve the conflict in a fashion that remains consistent with the intent of this License. Such permission will be granted at the sole discretion of the Licensor. 
7.0 Versions of This License. Licensor may publish from time to time revised versions of the License. Once Licensed Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Licensed Software under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Software created under this License.
7.1 If You create or use a modified version of this License, which You may do only in order to apply it to software that is not already Licensed Software under this License, You must rename Your license so that it is not confusingly similar to this License, and must make it clear that Your license contains terms that differ from this License. In so naming Your license, You may not use any trademark of Licensor or of any Contributor. Should Your modifications to this License be limited to alteration of a) Section 13.8 solely to modify the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define License Notice text, or c) to EXHIBIT B solely to define a User-Visible Attribution Notice, You may continue to refer to Your License as the Reciprocal Community Binary License or simply the RCBL.
8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 
10.0 Restricted Rights Legend.  This Specification is provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer are the OPC Foundation,. 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830
11.0 Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License which specifically disclaims warranties and limits any liability of the Licensor. This paragraph is to be used in conjunction with and controlled by the Disclaimer Of Warranties of Section 8, the Limitation Of Damages in Section 9, and the disclaimer against use for High Risk Activities in Section 10. The Licensor has thereby disclaimed all warranties and limited any damages that it is or may be liable for. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis consistent with the terms of this License including Sections 8, 9, and 10. Nothing herein is intended or shall be deemed to constitute any admission of liability. 
12.0 Termination. This License and all rights granted hereunder will terminate immediately in the event of the circumstances described in Section 13.6 or if applicable law prohibits or restricts You from fully and or specifically complying with Sections 3, 4 and/or 6, or prevents the enforceability of any of those Sections, and You must immediately discontinue any use of Licensed Software. 
12.1 Automatic Termination Upon Breach. This License and the rights granted hereunder will terminate automatically if You fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Software that are properly granted shall survive any termination of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive. 
12.2 Termination Upon Assertion of Patent Infringement. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom You file such an action is referred to herein as "Respondent") alleging that Licensed Software directly or indirectly infringes any patent, then any and all rights granted by such Respondent to You under Sections 3 or 4 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period You either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for Your past or future use of Licensed Software made by such Respondent, or (ii) withdraw Your litigation claim with respect to Licensed Software against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to You under Sections 3 and 4 automatically terminate at the expiration of said Notice Period. 
12.3 Reasonable Value of This License. If You assert a patent infringement claim against Respondent alleging that Licensed Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 3 and 4 shall be taken into account in determining the amount or value of any payment or license. 
12.4 No Retroactive Effect of Termination. In the event of termination under this Section all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by You or any distributor hereunder prior to termination shall survive termination. 
13.0 Miscellaneous. 
13.1 U.S. Government End Users. The Licensed Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Software with only those rights set forth herein. 
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between or among You, Licensor, or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance, or otherwise. 
13.3 Independent Development. Nothing in this License will impair Licensor's right to acquire, license, develop, subcontract, market, or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Extensions that You may develop, produce, market, or distribute. 
13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. 
13.5 Severability. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. 
13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Licensed Software due to statute, judicial order, or regulation, then You cannot use, modify, or distribute the software. 
13.7 Export Restrictions. You may be restricted with respect to downloading or otherwise acquiring, exporting, or reexporting the Licensed Software or any underlying information or technology by United States and other applicable laws and regulations. By downloading or by otherwise obtaining the Licensed Software, You are agreeing to be responsible for compliance with all applicable laws and regulations. 
13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by Minnesota law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any dispute relating to this License shall be submitted to binding arbitration under the rules then prevailing of the American Arbitration Association. You further agree that Minnesota USA is proper venue and grant such arbitration proceeding jurisdiction as may be appropriate for purposes of resolving any dispute under this License. Judgment upon any award made in arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrator shall award attorney's fees and costs of arbitration to the prevailing party. Should either party find it necessary to enforce its arbitration award or seek specific performance of such award in a civil court of competent jurisdiction, the prevailing party shall be entitled to reasonable attorney's fees and costs. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License. 
13.9 Entire Agreement. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. 
EXHIBIT A 
The License Notice below must appear in each file of the Source Code of any copy You distribute of the Licensed Software or any Extensions thereto:
Unless explicitly acquired and licensed from Licensor under another license, the contents of this file are subject to the Reciprocal Community Binary License ("RCBL") Version 1.00, or subsequent versions as allowed by the RCBL, and You may not copy or use this file in either source code or executable form, except in compliance with the terms and conditions of the RCBL.
All software distributed under the RCBL is provided strictly on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RCBL for specific language governing rights and limitations under the RCBL. 
EXHIBIT B
The User-Visible Attribution Notice below, when provided, must appear in each user-visible display as defined in Section 6.4 (c):

===================================================
 OPC FOUNDATION MIT LICENSE 1.00
===================================================

OPC Foundation MIT License 1.00

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.

=============================================
The following license applies to all OPC Xi deliverables
=============================================

Express Interface (Xi) Public License (Xi-PL)

-->   AGREEMENT OF USE  <--

This license governs use of the accompanying OPC Express Interface software. No right or license is granted whatsoever if this license is not accepted. Any use of the software will be deemed as an acceptance of the terms of this license. If you do not accept the license, do not use the Express Interface software.

1. Definitions
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.
A “contribution” shall include the original Express Interface software (source code and/or object code) and any additions or changes to the Express Interface software. This Express Interface software shall also include the interface contracts and the Express Interface software used to support the development of clients and servers that use this interface.
A “contributor” is any person that distributes its contribution under this license.
“Licensed patents” are a contributor’s patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
This license grants you a copyright license to make unlimited copies of the Express Interface software in source or object code form, as well as to create derivative works (as that term is defined under US copyright law). This means that in addition to making unlimited copies of the Express Interface software, you have a copyright license to modify the Express Interface software and to use all or part of the Express Interface software to create a derivative work that implements or uses the Express Interface software.
This license expressly prohibits using the Express Interface software or any derivatives of it outside its intended use. In other words, no right or license is granted for the use of the Express Interface software or its derivatives outside the use of implementing the communications between a client and a server over a network or using it to implement the Express Interface client or server. Further, all contributions must maintain the existing interface contracts interoperability with the Express Interface.

3. Conditions and Limitations
(A) No Trademark License - This license does not grant you rights to use any contributors’ name, logo, or trademarks.
(B) If you bring an action of infringement under a patent claim against any contributor for the use or implementation of the Express Interface software, any and all rights granted under this License Agreement may be subject to termination. 
(C) If you distribute any portion of the Express Interface software, you must retain all copyright, patent, trademark, and attribution notices that are present in the Express Interface software.
(D) If you distribute any portion of the Express Interface software in source code form, you may do so only under this license and by including a complete copy of this license with your distribution. If you distribute any portion of the Express Interface software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The Express Interface software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(F) Security Mechanisms are defined explicitly for Express Interface implementations only.

===========================================================
The Following agreement applies to all other deliverables (Classic COM):
===========================================================

NON-EXCLUSIVE LICENSE AGREEMENT

The OPC Foundation, a non-profit corporation (the "OPC Foundation"), has established a set of specifications intended to foster greater interoperability between automation/control applications, field systems/devices, and business/office applications in the process control industry.

The OPC specifications define standard interfaces, objects, methods, and properties for servers of real-time information like distributed process systems, programmable logic controllers, smart field devices and analyzers. The OPC Foundation distributes specifications, prototype software examples and related documentation (collectively, the "OPC Materials") to its members in order to facilitate the development of OPC compliant applications.

The OPC Foundation will grant to you (the "User"), whether an individual or legal entity, a license to use, and provide User with a copy of, the current version of the OPC Materials so long as User abides by the terms contained in this Non-Exclusive License Agreement ("Agreement"). If User does not agree to the terms and conditions contained in this Agreement, the OPC Materials may not be used, and all copies (in all formats) of such materials in User’s possession must either be destroyed or returned to the OPC Foundation. By using the OPC Materials, User (including any employees and agents of User) agrees to be bound by the terms of this Agreement.

All OPC Materials, unless explicitly designated otherwise, are only available to currently registered members of the OPC Foundation (an "Active Member"). If the User is not an employee or agent of an Active Member then the User is prohibited from using the OPC Materials and all copies (in all formats) of such materials in User’s possession must either be destroyed or returned to the OPC Foundation.

LICENSE GRANT:

Subject to the terms and conditions of this Agreement, the OPC Foundation hereby grants to User a non-exclusive, royalty-free, limited license to use, copy, display and distribute the OPC Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the OPC Materials. User may not distribute OPC Materials outside of the Active Member organization to which User belongs unless the OPC Foundation has explicitly designated the OPC Material for public use.

All copies of the OPC Materials made and/or distributed by User must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to User by the OPC Foundation.

The OPC Foundation shall retain all right, title and interest (including, without limitation, the copyrights) in the OPC Materials, subject to the limited license granted to User under this Agreement.

The following additional restrictions apply to all OPC Materials that are software source code, libraries or executables:

1) User is requested to acknowledge the use of the OPC Materials and provide a link to the OPC Foundation home page www.opcfoundation.org from the About box of the User’s or Active Member’s application(s).

2) User may include the source code, modified source code, built binaries or modified built binaries within User’s own applications for either personal or commercial use. However, the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together.

In other words, User may use OPC Foundation software to enhance the User’s applications and to ensure compliance with the various OPC specifications. User is prohibited from gaining commercially from the OPC software itself.

PUBLIC USE DECLARATION:

The public is granted non-exclusive, royalty-free, limited license to download, use and redistribute the following deliverables. (The OPC Foundation retains ownership and full copyright)

"OPC Core Components x.xx SDK"
"OPC Core Components x.xx Redistributable"
"OPC COM ProxyStub Merge Module"
"OPC .NET API x.xx Redistributables (x86)"
"OPC .NET API x.xx Merge Module (x86)"

CORPORATE MEMBER USE DECLARATION:

OPC Foundation Corporate Members are granted non-exclusive, royalty-free, limited license to download, use and redistribute the following deliverables. (The OPC Foundation retains ownership and full copyright)

"OPC DA x.xx Sample Binaries"
"OPC XMLDA x.xx Sample Binaries"
"OPC HDA x.xx Sample Binaries"
"OPC AE x.xx Sample Binaries"
"OPC DX x.xx Sample Binaries"
"OPC DX x.xx Sample Binaries"
"OPC .NET API x.xx Source Code"

WARRANTY AND LIABILITY DISCLAIMERS:

User acknowledges that the OPC Foundation has provided the OPC Materials for informational purposes only in order to help User understand the relevant OPC specifications. THE OPC MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USER BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE OPC MATERIALS. The OPC Foundation and its members do not warrant that the OPC Materials, their design or their use will meet User’s requirements, operate without interruption or be error free.

IN NO EVENT SHALL THE OPC FOUNDATION, ITS MEMBERS, OR ANY THIRD PARTY BE LIABLE FOR ANY COSTS, EXPENSES, LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) OR INJURIES INCURRED BY USER OR ANY THIRD PARTY AS A RESULT OF THIS AGREEMENT OR ANY USE OF THE OPC MATERIALS.
 
GENERAL PROVISIONS:

This Agreement and User’s license to the OPC Materials shall be terminated (a) by User ceasing all use of the OPC Materials, (b) by User obtaining a superseding version of the OPC Materials, or (c) by the OPC Foundation, at its option, if User commits a material breach hereof.  Upon any termination of this Agreement, User shall immediately cease all use of the OPC Materials, destroy all copies thereof then in its possession and take such other actions as the OPC Foundation may reasonably request to ensure that no copies of the OPC Materials licensed under this Agreement remain in its possession.

User shall not export or re-export the OPC Materials or any product produced directly by the use thereof to any person or destination that is not authorized to receive them under the export control laws and regulations of the United States.

The Software and Documentation are provided with Restricted Rights.  Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is the OPC Foundation, 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ 85260-1830, USA.

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.

This Agreement shall be governed by and construed under the laws of the State of Minnesota, excluding its choice or law rules.

This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, the OPC Materials.