End User License Agreement (EULA)

Parties

The licensor is Nextech Digital Solutions LTDA, CNPJ 43.125.453/0001-57, headquartered at Rua Theofilo Ferreira da Rocha, 359, Caixa D'Água, Três Rios/RJ, CEP 25807-145, holder of the product's licensing rights. The license is granted to you, an individual or legal entity identified by the license e-mail.

Definitions

• Software — the PLCWare app and the tools described above, in any version we distribute.
• License key — the digitally signed key we issue, which enables use of the Software for a term, a set of scopes (tier) and a number of seats.
• Seat — a named user: the person identified by the license e-mail, the only one authorized to use it, on any computer they operate. In a license contracted by a company, it is the person the company designates.

License granted

Provided that you comply with this EULA and hold a valid license key, we grant you a limited, non-exclusive, non-transferable license to install and use the Software for its intended purpose, within the number of seats, the scopes and the term of your key. A change of the named user follows the Terms of Use.

The download is free; use requires a valid license key. Without one, the Software does not perform its functions.

Trial

We may issue trial keys for a limited time, for evaluation. Trial use follows this EULA and ends automatically when the trial period ends.

Restrictions

Except as the law expressly permits, such as the backup copy provided for in art. 6 of Brazilian Law 9.609/1998, or as we authorize in writing, you may not:

• copy, redistribute, sublicense, sell, rent, lend, offer as a hosted service or otherwise transfer the Software or any part of it;
• modify, adapt, translate or create derivative works of the Software;
• reverse engineer, decompile or disassemble the Software, try to obtain its source code, or remove, disable or circumvent the license check, the tamper protection or any other technical protection measure;
• share, resell or sublicense a license key, or use it beyond its number of seats, scopes or term;
• remove or alter copyright, trademark or proprietary notices.

Intellectual property

The Software is licensed, not sold. This EULA transfers to you no intellectual property rights in it, and rights not expressly granted are reserved.

Third-party components and requirements

The Software depends on Siemens TIA Portal V21 and the Siemens.Engineering (Openness) libraries, which do not come with the Software and follow Siemens' own license terms. It is up to you to obtain and license separately TIA Portal and the STEP 7 Professional license that enables Openness. Other third-party libraries keep their own licenses.

PLCWare is an independent product, with no affiliation to Siemens and with no sponsorship or endorsement by it. TIA Portal, SIMATIC, STEP 7 and Siemens are trademarks of Siemens AG.

Price, term and termination

The price, the number of seats, the scopes (tier) and the term are stated in your purchase or in your key and follow the Terms of Use. The license lasts until the end of the key's term or until termination.

If you breach this EULA seriously, or do not remedy another breach within 10 days of the notice sent to the license e-mail, we may terminate the license by notice to that e-mail, and we stop issuing new keys. Serious breaches include, among others, sharing or reselling the key, circumventing the license check and using the Software beyond the contracted seats or scopes. The key already issued is checked on your computer and cannot be blocked by us before it expires, but, upon termination, you lose the right to use it and must stop using the Software and remove it. The restrictions, the intellectual property and the warranty and liability rules remain in force after the license ends.

Safety notice

The Software can command industrial automation equipment (PLCs) through TIA Portal.

The official tools (the MCP server and the harness) ask for human confirmation before downloading a program to the PLC, going online, or carrying out any equivalent action on the physical PLC. The app's API does not enforce that confirmation: it executes whatever any program able to call it requests. Who can call it: any program running on the same computer under any of its users, at http://localhost:5000 by default (or the configured port), without a password or token; if remote access is enabled, also any computer allowed through by the network and firewall. If you integrate the API into another system or agent, it is up to you to implement a confirmation before any action on the physical PLC and to protect access to the API.

PLCWare is not designed to create, modify or transfer safety logic (F-logic); that use falls outside the scope of the license, and safety logic is always the customer's sole responsibility.

Do not use the Software to commission equipment autonomously. Before downloading a program to a controller, confirm an error-free compile and follow your installation's commissioning and safety procedures; the safe operation of the equipment is your responsibility. Keep the API's remote access turned off unless you need it and, if you turn it on, restrict in the firewall which computers can reach it.

Warranty and liability

Warranty and liability for the Software follow the Cancellation, refunds and legal warranty and Limitation of liability sections of the Terms of Use, including the warranties that the law imposes and that cannot be waived. Read the Terms of Use

Changes to this EULA

This EULA is versioned together with the Terms of Use and follows their change rule. Each published version remains available, unchanged, at a permanent address:

• Version 1 — Terms of Use · EULA

Governing law, venue and contact

This EULA is governed by Brazilian law and follows the venue choice, with the same reservations, in the Governing law and venue section of the Terms of Use.

For questions about the license or support, write to: support@plcware.io