USER LICENSE AGREEMENT

IMPORTANT
Read carefully before using the software

This is a legal contract between you, OEM, SYSTEM INTEGRATOR or FINAL USER (hereinafter also referred to as user) and the company ASEM S.r.l.
(hereinafter “ASEM”).
Before continuing to use the software components of the platform called “PREMIUM HMI”, included IIoT CLOUD CONNECTOR solution, (hereinafter also
referred to only as "SOFTWARE"), it is necessary to read, understand and accept the conditions of the user license are stated below.
A copy of the user license contract may be found also inside the purchase package of the software and/or of the system in which the software can be
preinstalled.
If you do not accept the terms and conditions of this contract, after having applied for an RMA (Return Material Authorization), you will be able to return the
software/system you purchased, in its original package.

1. LICENSING CONDITIONS 4. COPYRIGHT, COPIES AND TRANFER

Upon payment of the agreed amounts for the purchase of the The software, all its components and documentation are
software platform PREMIUM HMI and/or of the systems including ownership and property of ASEM and its suppliers. The structure,
components of this software platform, ASEM grants to the organization and code of the software are important business
purchaser (OEM, System Integrator and/or final user) a non- secrets and confidential information owned by ASEM and its
exclusive user license for the use of one copy of the software, in suppliers. The software is protected by laws, including, for a non-
accordance with the terms and conditions of this contract. comprehensive illustrative purpose, the laws on copyright of the
In the case the user is afterwards provided with software Republic of Italy and of other countries and the prescriptions of
upgrades, the same could be used only and exclusively in international treaties, the norms on the protection of international
connection with user license firstly purchased. trademarks and the laws and international treaties on Copyrights.
The user can’t modify the software, in particular the one Except for what is expressly established by this contract, it grants
necessary to enable the contents of the different versions of the to the user no intellectual property right on the software. All the
user license software. rights not expressly granted are reserved by ASEM and its
The non-payment of the agreed amounts for the purchase of the suppliers.
software and/or the system including the software will cause the The copy of the software is granted to the user only under the
immediate revocation of the user license. user license. Therefore, the user does not have any purchase
rights on the software, nor on its source codes, but only the right
2. CHOOSING THE SOFTWARE to use it.
The choice of purchasing the PREMIUM HMI and IIoT Cloud The user is authorized to make a copy of the software solely for:
Connector software and/or the systems in which the software is a) creating a backup copy to be stored in an archive;
installed has been made by you after evaluating your specific b) transferring the software on a mass storage unit of a different
needs and therefore you are the only person responsible for this kind, with the aim of creating a backup copy.
choice. The software you purchased, covered by this user license, The user cannot use copies of the software for aims different from
is meant to carry out only operations/functions indicated in the those expressly authorized by applicable laws. Furthermore, the
user manual, according to its features and technical user can't copy, nor reproduce, the printed materials he may have
specifications. purchased with the software.
The user is expressly forbidden from:
3. INSTALLATION AND USE a) entrusting the use of the software to third parties, in the form of
The components of the PREMIUM HMI software platform are the rental and/or free-of-charge use;
development system "PREMIUM HMI STUDIO", the different b) duplicating the software and the documentation beyond what
versions of PREMIUM HMI Runtime and IIoT CLOUD is granted and authorized;
CONNECTOR Runtime for WIN CE and WIN 32/64 operating c) decompiling or decoding the software;
systems and can be used with a user license in two different d) changing, modifying or adapting the software and
versions: (1) purchased user license or (2) free user license for documentation or parts of them.
evaluation (DEMO). The user can permanently transfer the software and the
1 Purchased user license. eventually accompanying printed materials to third parties, thus
The user license of IIoT CLOUD CONNECTOR Runtime can transferring this user license contract. The third party fully agrees
be purchased and used only in combination with Premium HMI with its terms, without any reserve and/or exception. Through the
Runtime transfer, the user loses any rights to use license and he is not
The user, when purchasing for the first time the user license of allowed to retain any copy of the software or documentation.
one of the Runtime versions of the PREMIUM HMI platform
and/or of the systems that include it, must also perform a one- 5. LIMITED WARRANTY
off purchase of a user license of the development system The user expressly declares to have already examined the
“PREMIUM HMI STUDIO”. The license for “PREMIUM HMI software and found it suitable for the purpose he intend to use it. It
STUDIO” gives the right to install this development is exclusive responsibility of the user to determine whether the
environment on any WIN 32/64 system owned by the user, purchased PREMIUM HMI and IIoT Cloud Connector software is
gives the right to perform multiple installations and can be suitable for the purpose they intend to use it, by taking into
shared and used at the same time by more user operators. consideration any and all risks that may occur in connection to the
Otherwise, the user license for the Runtime of PREMIUM HMI various applications for which the software can be used.
and IIoT Cloud Connector must be purchased for each system Any software improvements or modifications required or reported
on which it is preinstalled or will be installed. However, it can by the user will be examined by ASEM. Upon its unquestionable
be transferred and in any case gives right to a single evaluation, ASEM may consider carrying them out, with times and
installation. costs to be established in writing and separately from this user
2 Free user license for evaluation (DEMO). license contract.
The user can use free-of-charge, for a specific time period, a The use and management of the software are full exclusive
copy of each Runtime of the PREMIUM HMI platform, without responsibility and burden of the user. In no case shall ASEM be
having purchased a user license. The user gains the right to made liable for any software damages in connection with and/or
use the software, for evaluation and testing purposes only, with caused by quality defects, defects of usage and usability of the
the subsequent technical limitations. The user gains no software or by an incorrect use of the software by the user. ASEM
warranty right and no right of use on the software itself. will not be held responsible for direct and/or indirect damages,
incidental or consequential loss of data or loss of profits by the

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 user due to possession of or using this software. copies and the documentation, promptly notifying this to ASEM, if
The user expressly agrees to relieve ASEM from and against all not requested by ASEM to immediately return them.
liability for any injury to damages to persons and/or property,
deriving from the direct or indirect use of this software, even when 9. PROTECTION OF THE INFORMATION MATERIAL –
caused by the malfunctioning of this software. INDUSTRIAL AND INTELLECTUAL PROPERTY
ASEM warrantees the software conformity to the technical All the information materials in possession of the user in
specifications described in the supplied accompanying accordance with the above contractual conditions, has to be
documentation and that this software is capable of carrying out considered under the protection of the laws on copyright of the
only those operations described within this documentation. All the Republic of Italy and of other countries and the prescriptions of
eventual software functions which are not indicated in the international treaties, of the norms on the protection of
accompanying documentation will not be warranted. ASEM does international trademarks and of the laws and international treaties
not warrantee that the documentation is free of errors or on Copyrights.
inaccuracies. All registered trademarks, unregistered trademarks and any other
ASEM will not give any warranty other than that expressly identification marks appearing on the software and on the
established by this article. documentation connected or provided, printed or not printed,
This limited warranty cannot be applied to damages or defects remain the ownership of ASEM. No right on them is gained by the
due to accidents, negligence or abuse or misapplication by the user through this contract.
user.
10. PERSONAL DATA PROTECTION AND PRIVACY
6. NO OTHER WARRANTIES In the fulfilment of its commitments under this contract, ASEM, in
The limited warranty indicated at the previous point is the sole and compliance with the provisions of EU Regulation 2016/679
exclusive warranty. ASEM and its OEMs and System Integrators (GDPR) and Legislative Decree no. 196 of 30 June 2003 on the
supply no other warranties or conditions, neither explicit, nor Protection of Personal Data, is committed to keeping confidential
implicit or other, and absolutely disclaim any other further the information, including any personal data that may be protected
warranty condition. under the aforementioned law, relating to the activities of the user
of which it may become aware in the performance of the services
7. LIMITED LIABILITY required and regulated by this contract and also guarantees that
Except for what is differently disposed by mandatory norms of such information is protected under the law.
law, in any case and for no reason, shall ASEM or its OEMs and ASEM also guarantees that all this information is protected
System Integrators be liable towards the end user for any according to law. Furthermore, ASEM is committed to ensure that
damage, expense or cost deriving from a reparation or all this information, especially that regarding personal data subject
replacement of the product; nor shall they be liable for any to protection, is kept confidential by its personnel and by the
damage directly or indirectly caused by the use or the personnel appointed upon its suggestion.
impossibility of use of the PREMIUM HMI program, of the media
and of the accompanying documentation, even in the case if 11. MISCELLANEOUS
ASEM had been warned of the possibility of such damages to This is the only agreement between ASEM and the user, and
occur. substitutes any other agreement, whether written or oral, relating
However, in no case shall ASEM or its OEM and System to the software or systems purchased by the user.
Integrators be liable for damages to third parties exceeding the Both parties disclaim the application of the United Nations
price of the purchased user license of the software. Convention on the International Sale of Goods.
This license agreement is governed by the laws in force in the
8. RESCISSION OF THE CONTRACT AND REVOCATION State of Italy, without reference or conflict with different
OF THE LICENSE legislations.
ASEM will have the right to revoke the user license of the Any dispute arising out of this agreement shall be resolved
software and to rescind this contract, with immediate effect, exclusively in the Italy and be exclusive competence of the Court
communicating this by means of a registered letter with of Udine (Italy).
acknowledgement of receipt, in compliance with article 1456 of If any clause of this agreement or a part of it is declared invalid,
the Italian Civil Code, in the following cases: the invalid part won't determine the nullity of this contract, which
a) violation of the commitments described in articles 1), 3) 4), 9), will remain valid for what regards all the other conditions.
10) of these contractual conditions; The download from ASEM website, the installation on a mass
b) non-fulfilment. storage unit of a different kind and the use of the software by the
The rescission of this contract due to an event and/or negligence user, determine the conclusion of the user license contract and
attributable to the user, gives rise to a compensation for the therefore the complete acceptance of these conditions, without
damage brought to ASEM, also in relation to the maximum any reserve and/or exception.
damage brought, to be estimated on the base of the various non- The user declares not to be a consumer and declares to have
fulfillment cases indicated at the following point. chosen this software to use it according to the conditions stated in
In the case of rescission, revocation or expiry of the user license, this license, for professional and/or productivity purposes and not
the user agrees to immediately destroy the software, the created for personal use.
Software components of PREMIUM HMI platforms and related
updates are available on the website asemautomation.com

ASEM S.r.l. Via Buia 4 – 33011 Artegna (UD) ph. +39 0432.9671 fax +39 0432.977465 [email protected] www.asemautomation.com

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