LICENSE AGREEMENT

for PLC-Recorder, Ana, HMFiles（SDK） (hereinafter referred to as SOFTWARE)

Update: 2025-01-05

YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE

1. GRANT OF LICENSE

Shanghai HiddenMap grants the customer a non-transferable, non-exclusive right to use the SOFTWARE under the provisions of this LICENSE AGREEMENT.

(1) ihm FILE FORMAT

The ihm FILE FORMAT in its different versions is intellectual property of Shanghai HiddenMap. Any file generated by a third-party product with a similar or different format requires the purchase of a proper license from Shanghai HiddenMap. Unlicensed generation of the ihm FILE FORMAT is illegal and subject to legal action. Shanghai HiddenMap reserves the right to modify the ihm FILE FORMAT at any time without notice.

Measurement data being processed with the SOFTWARE is considered to be ihm FILE FORMAT if it has been created by a properly licensed version of the SOFTWARE.

(2) LICENSE PROTECTION

Whereas the SOFTWARE may be installed multiple times on any computer e.g. as a pre-installed package, it contains technical features intended to prevent unlicensed use. This means that the SOFTWARE will only run to its purpose in case a valid license is available:

(a) Cost free license for standard functions of PLC-Recorder、Ana、HMFiles（SDK） Shanghai HiddenMap grants a cost-free license for use of the standard features of the SOFTWARE if data in ihm FILE FORMAT is opened. Each time such data is opened, a cost-free single use license for the SOFTWARE is intrinsically granted.

(b) Purchased license for non-free functions

Use of non-free functions in the SOFTWARE requires a purchased license.

The use of these functions is allowed only if the purchased license container carries the associated license information. The license must be available during the whole time the SOFTWARE is used. The license is considered available when one of the following conditions applies:

(a) The license container is plugged into a USB port of the currently used computer

(b) The license container is bound to the hardware fingerprint of the currently used computer (referred to as “soft license”)

The license is issued to the end user company name specified in the purchase order and is not transferable to other legal entities.

(3) ACTIONS EXCLUDED FROM THE LICENSE

(a) You may not amend, modify or edit the SOFTWARE. The modification or removal of trademarks, copyrights and other IP protection notices is expressively forbidden.

(b) You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(4) EXCLUSION OF TRANSFERABILITY

The license is not transferable. The customer only has the right to transfer the rights of use of the SOFTWARE to a third party if the license has already been issued in the name of this third party or has been changed to this name by Shanghai HiddenMap.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

This license does not entitle you to sublicense or to distribute the SOFTWARE.

3. RIGHTS AND OWNERSHIP

Shanghai HiddenMap reserves all rights not expressly granted to you in this LICENSE AGREEMENT. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. Shanghai HiddenMap or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold. This LICENSE AGREEMENT does not grant any rights to intellectual property, trademarks or service marks of Shanghai HiddenMap.

4. EXPORT RESTRICTIONS

You acknowledge that the SOFTWARE is subject to the export jurisdiction of the People's Republic of China. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, and restrictions on end-user, end use and destination restrictions by the Government of China and other governments.

5. TERMINATION

Without prejudice to any other rights, Shanghai HiddenMap is entitled to terminate this LICENSE AGREEMENT if you violate the terms of this LICENSE AGREEMENT. In such a case, you must destroy all copies of the SOFTWARE and all its components and return all license dongles to Shanghai HiddenMap.

6. SOFTWARE WARRANTY

(1) COMPLIANCE WITH DOCUMENTATION

Shanghai HiddenMap provides user documentation for the SOFTWARE which defines the proper use of this SOFTWARE. Shanghai HiddenMap guarantees the customer that the functionality complies with the user documentation valid at the time of purchase.

(2) The period of limitations for claims against defects is two years calculated from the date of purchase.

(3) RECTIFICATION

Shanghai HiddenMap is authorized and obliged to provide rectifications and improvements in the event of significant deviations from the user documentation. The provisions of paragraph 7 further apply.

(4) COLLABORATION IN ERROR DETECTION

The customer undertakes to make available to Shanghai HiddenMap verifiable documentation regarding the nature and occurrence of discrepancies in the SOFTWARE in respect of the user documentation and to collaborate in the detection of errors.

(5) EXCLUSION OF UNSUPPORTED OPERATING SYSTEMS

Shanghai HiddenMap will not provide warranty for their products when they are used on operating systems which are no longer actively supported by their manufacturer. Discontinuation dates for operating systems are communicated by the respective manufacturer.

Shanghai HiddenMap reserves the right to discontinue software support for certain operating system versions before their official end-of-support date is reached.

7. EXCLUSION OF LIABILITY

Except in cases of willful misconduct or gross negligence, Shanghai HiddenMap shall not be liable for any kind of incidental or indirect damages (including, but not limited to, consequential damages, lost profits, loss of data) arising out of the use of the SOFTWARE even if its products and systems have been used by the customer or third parties in the intended manner.

This includes, but is not limited to:

(a) Incorrect estimates of the performance of the SOFTWARE that in a specific use case has not been agreed upon by Shanghai HiddenMap in writing.

(b) Malfunction of the SOFTWARE on PCs that are not running versions of Windows expressly approved by Shanghai HiddenMap.

(c) Malfunction of beta versions of its hardware and SOFTWARE products which have been provided to the customer transitionally or without time limitation at his request or after a corresponding agreement.

(d) Malfunction of systems which have been created from a combination and/or mixture of Shanghai HiddenMap products and products from other manufacturers.

(e) Restricted function of its hardware and SOFTWARE products as a result of peripheral components from third parties which are required, but have not been supplied at all or not been supplied in good time.

(f) Undetected failure conditions and anomalies, false alarms, incorrectly calculated performance and quality parameters.

8. SOFTWARE MAINTENANCE AND SUPPORT

(1) FREE SOFTWARE UPDATES

From the date of issuance of the Shanghai HiddenMap license, free upgrades will be provided within the purchased large version range, or within 2 years, whichever comes later. During the free update period, all updates to the software released during this period can be installed and will run under this license agreement.

(2) EXTENDED UPDATE PERIOD

The possible extension of the update date is subject to the authorization letter received by the user.

(3) WARRANTY PERIOD OF LICENSE CONTAINER

Under normal use, the warranty period for the license container provided by Shanghai HiddenMap is 2 years.

9. ENTIRE AGREEMENT, SEVERABILITY CLAUSE

This LICENSE AGREEMENT (including any supplements or supplementing agreements concerning this LICENSE AGREEMENT, which are included with the SOFTWARE) constitutes the entire agreement between you and Shanghai HiddenMap in relation to the SOFTWARE and support services. It takes precedence over all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other object of this LICENSE AGREEMENT. If any provision of this LICENSE AGREEMENT is declared invalid, void, unenforceable, or illegal, the remaining provisions of the LICENSE AGREEMENT remain in full effect.

10. GOVERNING LAW

This LICENSE AGREEMENT is governed by the laws of the People's Republic of China. If you have any questions concerning this LICENSE AGREEMENT, or if you want to get into contact with Shanghai HiddenMap, please refer to the address information on the Shanghai HiddenMap homepage https://www.HiddenMap.cn.