The following usage terms will apply only to the extent that Licensee or Subscriber orders each type of Software as specified by Pimsoft in its then current price list, in a proposal or otherwise.
The following definitions apply throughout this Agreement:
“Users” means the individuals who are authorized to access a copy of Server Software.
“Named User” – A named user refers to one person in the organization and their associated login account. Software licensed by named user can be accessed from any device. You may reassign a named user account from one person to another provided that the reassignment occurs no sooner than 90 days since the last reassignment.
“PI Vision Named User” PI Vision “Named User – publisher” is a license for full display manipulation capabilities including creating, editing, and saving displays. PI Vision. “Named User – explorer” is a license to view and interact with displays. Permissions exclude the saving of displays.
“DataStream Point” means a tag or module that is created and exists in certain Server Software modules that is used to setup, configure or store data-points or data structures.
“Data Connection” means a link between the data generated from one copy of Software and another copy of Software or a third-party data source. Included in each data collection offering license is the right to a failover deployment that only sends data if the primary interface or connector deployment fails, i.e., an active-passive arrangement.
“Element” means every occurrence of a logical entity in a flow sheet model of equipment that exists within certain Server Software.
“Individual Licenses” means the number of client computers onto which Subscriber or Licensee may install Client Software. One Individual License may be used on up to two client computers to facilitate home office use or remote access so long as one Individual License is used by one person only at any given time. If you access and Individual user licensed software through a terminal program or remote installation, each computer from which you are accessing the terminal program consumes one license. In other words, the number of licenses required is the same regardless of whether a terminal program is used.
“Node(s)” refers to a host computer addressable by a single Internet Protocol (IP) address, either physical or virtual, on which you may install Software. In other words, a node refers to a single instance of an operating system.
Client/Server Products (Currently includes Sigmafine)
License or Subscriber’s use of Client Software cannot exceed the number of Individual Licenses specified in accepted Orders and licensed pursuant to this Agreement.
Licensee or Subscriber’s use of Server Software cannot exceed the number of Elements and DataStream Points created in such Server Software (as measured by the Software), Data Connections, Nodes, or Users as applicable and specified in accepted Orders and licensed under this Agreement.
Server Software modules and Elements designated by Licensee or Subscriber in an Order for use with one “Sigmafine” Server Software module cannot be moved to or otherwise used with any other “Sigmafine” Server Software module without Pimsoft’s express written consent.
The “Sigmafine” Server Software may not be used to programmatically interoperate with third party applications or Licensee or Subscriber developed applications unless Licensee or Subscriber has purchased the proper add-on Licenses as indicated by Pimsoft for such “Sigmafine” Server from time to time.
Additionally, except as otherwise expressly provided in this Agreement, once Elements, DataStream Points or Nodes have been designated by Licensee or Subscriber in an Order for use with a Sigmafine Server Software module, Licensee or Subscriber cannot return such Elements, DataStream Points or Nodes to Pimsoft for any credit or refund of any kind.
Except for Server Software to Server Software Interfaces, Licensee’s or Subscriber’s use of Interfaces will not exceed the number of instances specified in accepted Orders and licensed pursuant to this Agreement. Licensee or Subscriber’s use of Server Software to Server Software Interfaces shall not exceed the number of Data Connections specified in accepted Orders and licensed pursuant to this Agreement.
Sigmafine Model Developer Package
The Sigmafine Model Developer Package is licensed solely for Subscriber’s internal training, demonstration, trial and testing purposes on a single host computer.
Such Software cannot be used in production or otherwise used to process any data live data from Subscriber’s business or third party.
To qualify as a Redundant Server, the server may only be used as a back-up system to a designated primary production server without User access or Interface connections. Redundant Servers may not contain any Elements and DataStream Points that are not also contained in the primary production server that the Redundant Server is backing up. A Redundant Server may only be used as a production server with User access and Interface connections during such times that the primary production server is not in operation.
Ancillary Server is used solely in a supporting role to a single Sigmafine Server and mirrors the configuration of the primary Sigmafine Server against which it is licensed. If the configuration of an ancillary Server becomes different, it is no longer an ancillary Server.
Third Party Software
Software designated as “Third Party Software” on Pimsoft’s price list is not subject to this Agreement. Pimsoft acts only as a distributor for Third Party Software and all licensing terms, support and warranty service, if any, will be provided by the third-party vendor for this type of software. Except for Pimsoft’s failure to provide the Third Party Software in accordance with Licensee or Subscriber’s accepted Orders, notwithstanding any provision in this Agreement, in no event will Pimsoft be liable to Licensee or Subscriber or to any third party for damages of any kind arising from or related to the Third Party Software. For avoidance of doubt, Third Party Software does not include any OEM Products.
The Pimsoft Product Usage Terms may change from time to time due to the introduction of new products and technologies. These Pimsoft Product Usage Terms are dated March 2020.