# WebIQ End-User License Agreement (EULA)

## Preamble
Smart HMI (licensor) is a manufacturer of web-based HMI solutions (web HMIs) for industry. For this purpose, Smart HMI develops and sells the Web HMI/SCADA toolbox WebIQ (hereinafter referred to as software), which is based completely on next-generation open web technology (HTML5).
This software enables users to design and develop HMIs or SCADA applications that are intuitive and attractive on the one hand and run on all relevant technical platforms or mobile devices on the other.

THE LICENSOR GRANTS THE LICENSEE THE USE OF THE SOFTWARE, THE RELATED DOCUMENTATION INCLUDING ALL AUTHORIZED COPIES EXCLUSIVELY IN ACCORDANCE WITH THE LICENSE AGREEMENT BELOW.


## Declaration of Ownership
The software, including all documentation and source codes, as well as associated patent applications, is the sole property of the licensor. The software is protected by national and international copyright law and is the sole intellectual property of the licensor. Exceptions to this are used software parts from third-party manufacturers and open-source licenses. A list of the 3rd party or open-source software modules used, and their license conditions can be found in the 'Open-Source & Third-Party Software Licenses' menu, which can be accessed through the 'about screen' of WebIQ Designer.


## License Grant
The licensor grants the licensee the right to use the software. The licensor permits the licensee to install the software in accordance with the agreed conditions and the agreed scope with regard to: number of 'tags', simultaneously usable 'clients', 'IO handler' (control interfaces) and the agreed period of use (subscription term and notice period for WebIQ Designer).

The license agreement describes a right of use, the software is not sold and does not become the property of the licensee.

“Achieved work results" refers to the HMI app created by the user using WebIQ Designer. All rights to the work results achieved with the software - with the exception of the source code of the WebIQ Visuals Framework contained therein, for which only a right of use is granted - belong to the licensee, who may pass these on to its customers with reference to and acknowledgment of these license agreements.


## License Violations
The software may only be used with valid license keys from the licensor. The software may not be rented or loaned, nor can the licenses be transferred to third parties without the permission of the licensor. Licensee is not permitted to decompile, disassemble, decrypt or reverse engineer the software in any way.

The licensor has the right to audit the licensee's compliance with the license terms.


## Copyright Notices and Copyright Information
Copyright notices, references to trademarks and copyright information in the software code and in the achieved work results may not be deleted or changed. The licensee is entitled to add his own copyright notices to trademarks and copyright information.


## Warranty and Liability
The statutory warranty claims apply. Intended use and usage instructions can be found in the documentation or the available online documentation of the licensee.

The licensor has taken out appropriate insurance for product liability. He is liable
a.) for personal injury up to €5 million
b.) for property damage up to €250,000

Liability claims must be addressed to the licensor immediately and in writing. In the event that warranty or liability claims are asserted against the licensor, the licensee is obliged to protect the latter from further damages, penalties, liabilities, costs and additional expenses.

## Export Regulations
The licensee acknowledges that the software or its components or used 3rd party or open-source licenses may be subject to export restrictions for certain countries (see chapter Declaration of ownership).

## Governing Law, Jurisdiction
This Software License Agreement supersedes all prior or contemporaneous oral or written communications, agreements and promises regarding the software. This does not apply to license agreements individually negotiated between the licensee and the licensor.

Modifications to this agreement shall not be binding unless made in writing and signed by authorized representatives of both parties. This software license agreement is subject to German law with the exclusion of the regulations of international private law. The UN sales law does not apply.

General terms and conditions of the licensee are excluded.

Should any of the above provisions violate applicable law, then these provisions will be rescinded or replaced by applicable law.

Place of jurisdiction is Dusseldorf, Germany.
