INGEAR.NET Components

Please note: This Licensing Agreement applies to the following INGEAR.NET components:

• INGEAR.NET.Logix
• INGEAR.NET.ABLink
• INGEAR.NET.GELink

For information on our Terms of Usage for the Trial software, please click here.

INGEAR.NET components for PLC Communications include runtime free distribution or single computer licenses for your compiled custom applications. We often get questions about what this really means and who it applies to. 

There are 2 areas that need to be addressed with regards to the INGEAR.NET Components

Development Licenses

• A license is required for each computer on which you plan to use the INGEAR.NET component in your development environment.
• Additional developer's licenses are only $595 if purchased at the same time you buy your first license or within 60 days thereafter. 

Runtime Licenses (Applies only to Runtime Free License)

• With your purchase of a development license you receive the rights to distribute the INGEAR.NET component with your compiled custom application that uses the component in runtime mode. Provided that you meet the tests for certain restricted application types outlined below, there are no limits on the number of times you can distribute your custom application without purchasing additional licenses.
• The Runtime Free license is intended for the following usage types:
• System integrators building custom applications for their clients
• End users developing applications for distribution to a number of computers within their plant or company (i.e corporate engineering writing an application for use in all the company's plants)
• Machinery OEMs developing software applications that are installed with and used to manage and/or operate their machinery. Machinery OEMs typically develop an application and then ship a copy with each machine they sell.
• The Runtime Free license is NOT INTENDED for the following usage types:
• Inclusion in commercial HMI software that you are developing. Commercial HMI software means packages that would be considered to compete for business with products like Wonderware, Intellution, Iconics, etc.

Below is the text from the actual license agreement that is included with each copy of INGEAR.NET components for PLC communications that spells out your rights and restrictions on the runtime free portion of the INGEAR.NET components license.

INGEAR.NET License Agreement Terms

INGEAR.NET Components END USER LICENSE AGREEMENT AND LIMITED WARRANTY

IMPORTANT: READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SOFTWARE TOOLBOX ("LICENSOR") for the materials accompanying this EULA, which may include computer software, associated media, printed materials, and "on line" or electronic documentation ("Software") , resource files, project and solution files for Software, collectively "The Software". BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE. PRODUCT LICENSE. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. LICENSOR or its suppliers own the title, copyright and other intellectual property rights in The Software. The Software is licensed, not sold.

DEFINITIONS
Commercial Use: Works based on The Software for general purpose and commercial distribution, or, use of The Software (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.

The following are considered examples of Commercial Use. (This is not an exhaustive enumeration):
a). OPC Data Access Servers, I/O Servers, general purpose configurable HMI/MMI applications or programs, custom controls, assemblies, modules or plug-ins, shared libraries, loadable modules, dynamic link libraries that are sold, licensed or distributed in accordance to the Commercial Use definition. Commercial Use licenses are covered under a separate License Agreement. Contact the LICENSOR regarding a Commercial Use License Agreement (CULA). Non-Commercial Use: Works based on the Software that excludes the Commercial Use definition.

The following are considered examples of Non-Commercial Use. (This is not an exhaustive enumeration):
a). Works based on The Software you develop for use within your internal facility/facilities.
b). Works based on The Software that is an integral component of custom equipment, machines or processes you manufacture.
c). Works-for-hire based on The Software you develop to fulfill specific requirements of a recipient or third party.

If you are unclear whether your needs qualify as Commercial Use or Non-Commercial Use, please contact the LICENSOR for clarification of Commercial usage and Non-Commercial usage definition.

1. GRANT OF LICENSE. The Software License is not free. For the fee you paid for The Software License, LICENSOR grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. LICENSOR grants the use of The Software according to one of the license types below as identified in The Software title (such as Single Computer License). The Software is licensed per-developer or user unless otherwise stated in a supplemental license grant. Licenses purchased for development do not extend to third parties even if the software was developed for that third party. All entities must have a separate license.

i. Trial Version License (No Cost). LICENSOR grants to you a one (1) time, nontransferable, nonexclusive, time-limited license of The Software on one (1) computer for your internal evaluation and test purposes only.

ii. Single Computer License. LICENSOR grants to you one (1) personal, nontransferable, nonexclusive, license to use The Software and install The Software on one (1) computer for your single concurrent internal use, to design, develop and run applications.

iii. Single Device License. LICENSOR grants to you one (1) personal, nontransferable, nonexclusive, license to use The Software and install The Software on one (1) Windows CE device for your single concurrent internal use, to design, develop and run applications.

iv. Non-Commercial Use Computer Developer License. LICENSOR grants to you one (1) personal, nontransferable, nonexclusive, license to use The Software and install such Software on one (1) computer and one (1) laptop (i) for your single concurrent internal use, (ii) to design, develop, test and redistribute any of number non-commercial applications you develop royalty-free.

v. Non-Commercial Use Device Developer License. LICENSOR grants to you one (1) personal, nontransferable, nonexclusive, license to use The Software and install such Software on one (1) computer (i) for your single concurrent internal use, (ii) to design, develop, test and redistribute any of number non-commercial Windows CE applications you develop royalty-free.

vi. Web Server License. LICENSOR grants to you one (1) personal, nontransferable, nonexclusive, license to use The Software and install The Software on one (1) web server computer (ii) to design, develop, and publish web server works derived from The Software.

b. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
c. Redistribution (Non-Commercial Developer License)
i. You are granted a royalty-free license to redistribute in binary form components of The Software explicitly marked as redistributable provided that:
a). you provide all technical support for the distribution.
b). you do not allow recipients or third parties to disassemble, decompile, or in any other way allowing them to gain separate access to The Software or any part of The Software.
c). you do not allow recipients or third parties to sell, rent, lease/lend, or redistribute Works derived from The Software.
d). you do not disclose, publish, distribute, or reproduce in any form, serial numbers, software keys, unlock and activation codes provided with The Software.
iii. Works derived from The Software may not be called "INGEAR.NET.Logix" appear in their name, without prior written permission of LICENSOR,
iv. LICENSOR is not obligated to provide support for works derived from The Software,
v. Distribution of assemblies may not have a name that begins with INGEAR.
d. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way
try to gain access to information regarding the construction of The Software.
e. Reservation of Rights. LICENSOR reserves all rights not expressly granted herein.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Rental. You may not rent, lease, or lend The Software without express written permission from LICENSOR.
b. Termination. Without prejudice to any other rights, LICENSOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The Software, including but not limited to backups and all of its component parts, derived works and distributed applications.
c. Consideration. For the rights and license granted in this EULA, including both the General Software License, you will pay LICENSOR the currently published retail price or another mutually agreed upon amount to appear on a valid invoice.
d. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(b).
e. Derived Works. You agree that you will not use The Software to develop derived works that offer similar functionality as The Software, expose the features of The Software for use by an unlicensed third party. You agree not to create software that might directly compete with LICENSOR products at the time of the license.

3. SOFTWARE MAINTENANCE/UPDATES.
a. LICENSOR is not obligated to provide on-site and services.
b. LICENSOR is not obligated to provide software maintenance/updates or support to your recipients or third parties.
c. For a period of ninety (90) days following the purchase of The Software, LICENSOR will provide same day email support during LICENSORS normal business hours.
d. For a period of thirty (30) days following the purchase of The Software, LICENSOR may its sole discretion, offer telephone support if an issue cannot be resolved by email,
e. Beyond the initial ninety (90) days, LICENSOR is not obligated to provide maintenance, technical support or updates to you for The Software or derived works.
f LICENSOR may, in its sole discretion, provide technical support, updates and/or supplements of the Software and/or related information ("Updates") to you hereunder, in which case such Updates shall also be deemed to be included in The Software and therefore governed by this EULA, unless other terms of use are provided by LICENSOR with such Updates.

4. UPGRADES. If this copy of The Software is an upgrade from an earlier version of The Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of The Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of The Software or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA. DOWNGRADES/EXCHANGES – You many not downgrade or exchange versions or software titles of The Software.

5. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end- use and destination restrictions issued by U.S. and other governments.

6. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to The Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into The Software and any copies of The Software that you are expressly permitted to make herein) are owned by LICENSOR or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of The Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by LICENSOR.

7. LIMITED WARRANTY AND DISCLAIMER.
a. Except with respect to a Trial Version of The Software, LICENSOR warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, The Software will perform in substantial conformance with the documentation supplied with The Software; and (ii) the physical media on which The Software is furnished, if any, will be free from defects in materials and workmanship under normal use.
b. LICENSOR PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL VERSION OF THE SOFTWARE. THE TRIAL VERSION OF THE SOFTWARE IS PROVIDED "AS IS".
c. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. LICENSOR HAS NO CONTROL OVER YOUR USE OF THE SOFTWARE. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY ITS USE. LICENSOR IS NOT RESPONSIBLE FOR PROBLEMS ASSOCIATED WITH OR CAUSED BY INCOMPATIBLE OPERATING SYSTEMS OR EQUIPMENT, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH OTHER SOFTWARE (INCLUDING SOFTWARE DEVELOPMENT TOOLS) NOT FURNISHED BY LICENSOR. LICENSOR DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE ACCURACY AND TIMELINESS OF THE DATA CONTAINED IN THE SOFTWARE AND LICENSOR SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU, OR TO ANY OTHER PARTY, ON ACCOUNT OF ANY INACCURACIES IN OR UNTIMELINESS OF THE DATA, OR FOR ANY DELAY IN REPORTING SUCH DATA CONTAINED IN THE SOFTWARE. VARIOUS INFORMATION IN THE SOFTWARE CONSTANTLY CHANGES, AND THE INFORMATION IN THE SOFTWARE IS ONLY AS OF A PARTICULAR DATE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY ACCIDENT, ABUSE, MISHANDLING, ALTERATION, OR IMPROPER USE. LICENSOR DOES NOT WARRANT OR GUARANTEE THE SUITABILITY OF THE SOFTWARE OR THAT IT WILL MEET YOUR REQUIREMENTS.
d. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
f. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. EXCLUSIVE REMEDY. Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to LICENSOR no more than ninety (90) days following delivery to you, LICENSOR will use reasonable commercial efforts to supply you with a replacement copy of The Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. LICENSOR shall have no responsibility if The Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

9. LIMITATION OF LIABILITY.
a. NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. LICENSOR'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
c. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

10. INDEMNITY. You agree to hold LICENSOR harmless against, and at your expense handle and defend, any claim and defend any suit brought against you based upon an allegation that the use of The Software furnished pursuant to this EULA constitutes an infringement of any United States patent or any copyright or other proprietary or intellectual property right. You shall pay all damages and costs awarded in such suit.

11. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.

12. SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not effect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof.

13. GOVERNING LAW/JURISDICTION. If you acquired The Software in the United States, this EULA is governed by the laws of the State of Delaware. The parties expressly consent to the personal jurisdiction of the state and federal courts of the State of Delaware and to venue in those courts, and further agree that this Agreement shall be construed, performed, and interpreted in accordance with, and governed by, the laws of the State of Delaware, excluding the Delaware principles of conflicts of law.

14. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement.

16. CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this Agreement.

17. UPDATES. LICENSOR may make updates and changes to this license agreement from time to time. Such changes will be made publicly available www.softwaretoolbox.com on the internet. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of The Software and inform LICENSOR in writing within sixty (60) days of posting. It is your responsibility to check the website for updates. LICENSOR may at its sole discretion publish notices of change to the email announcement list also available from http://www.softwaretoolbox.com.

18. INJUNCTURE. Because LICENSOR would be irreparably damaged if the Terms of this Agreement were not specifically enforced, you agree that LICENSOR shall be entitled without bond, other securities or proof of damages to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as LICENSOR may otherwise have under applicable law.

18. ENTIRE AGREEMENT. This EULA is the entire agreement between you and LICENSOR relating to The Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to The Software or any other subject matter covered by this EULA. To the extent the terms of any LICENSOR policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.