EULA

 

END USER LICENSE AGREEMENT

Last updated April 15, 2025

This End User License Agreement ("License Agreement") applies to Software Athlete's products: "Vision Library+", "Vision Report+", and "Vision Suite Ultimate" (which is a combination of Vision Library+ and Vision Report+), collectively referred to as "Licensed Application" unless otherwise specified. The Licensed Application is licensed to You (End-User) by Software Athlete e.U., located and registered at Industriestraße 4a, Vöcklabruck, Upper Austria, Austria 4840, Austria ("Licensor"), for use only under the terms of this License Agreement. By downloading the Licensed Application from the Software Athlete website, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Software Athlete is solely responsible for the Licensed Application and the content thereof.

TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENSE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. DATA SECURITY
  6. CONTRIBUTION LICENSE
  7. LIABILITY
  8. WARRANTY
  9. OPEN SOURCE LIBRARIES
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS
  18. THE APPLICATION

The Licensed Application refers to any of Software Athlete's products: "Vision Library+", "Vision Report+", or "Vision Suite Ultimate".

Vision Library+ is a piece of software created to extend the PI System with tailored software. It is used to enhance AVEVA PI Vision (a web-based visualization tool for operational intelligence that enables users to visualize and analyze industrial data) with customizable visualization elements that represent industrial data.

Vision Report+ is a software extension that adds advanced reporting capabilities to AVEVA PI Vision, enabling users to create, schedule, and distribute reports based on operational data.

Vision Suite Ultimate is a comprehensive package that combines the functionality of both Vision Library+ and Vision Report+, providing a complete solution for visualization and reporting in AVEVA PI Vision.

Software Athlete is an official endorsed partner of AVEVA, but the Licensed Application is developed independently by Software Athlete. The Licensed Application is not produced by, officially affiliated with, or endorsed by AVEVA beyond the partner relationship. All trademarks relating to AVEVA and PI Vision belong to their respective owners.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

  1. SCOPE OF LICENSE

2.1 Each license grants the right to use the Licensed Application with a single (1) PI Vision installation environment. One (1) test/development license is included with each purchase of a production license. Load balanced servers that serve the same PI Vision installation count as a single installation and require only one license. Additional separate installations, including but not limited to multiple production environments, require separate licenses unless explicitly specified otherwise in the purchase agreement.

2.2 Purchase allows the use of the Licensed Application for the subscription period specified in the purchase agreement, which may be one year or multiple years. The customer is given a 45-day notice prior to expiration of the license. After the subscription period ends, if the license is not renewed, it will stop working.

2.3 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control. "Devices" means computers, servers, or virtual machines on which PI Vision is installed.

2.4 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.5 You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application without Software Athlete's prior written consent.

2.6 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Software Athlete's prior written consent).

2.7 You may not copy (excluding when expressly authorized by this license) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.8 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.9 Any modifications to these terms and conditions must be mutually agreed upon in writing by both parties.

2.10 Nothing in this license should be interpreted to restrict third-party terms, including but not limited to the Aveva PI System terms and conditions. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

2.11 This license may not be assigned, transferred, or sublicensed to any other entity or person, including in the case of corporate restructuring, merger, acquisition, or similar events, unless with prior written consent from Software Athlete.

  1. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires a software version PI Vision 2021 or higher and PI Web API (any version is supported). Licensor recommends using the latest version of the software.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the PI System. Updates are released roughly every month and do not require additional fees. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

  1. MAINTENANCE AND SUPPORT

4.1 Availability: The Licensor may offer support services for its software products, including installation assistance and troubleshooting ("Support Services").

4.2 Requesting Services: Users may request Support Services and new features through specified Licensor channels (via email to contact@software-athlete.com), subject to availability and at the Licensor's discretion.

4.3 Scope: Support services are included in the license fee as far as they revolve around the Licensed Application itself, not PI Vision or PI Web API. Support is limited to the software's current version and intended use, as well as the previous two major releases for a period of 18 months from their release date. The Licensor is not responsible for issues caused by software modification, misuse, or external software conflicts.

  1. DATA SECURITY

5.1 The Licensed Application is an on-premises solution and does not transmit any data to Software Athlete or third parties.

5.2 Software Athlete has no access to customer data processed by the Licensed Application unless explicitly granted access by the customer for support purposes.

5.3 The End-User is solely responsible for the security of data processed by the Licensed Application, including implementing appropriate security measures, backups, and access controls within their environment.

  1. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the applicable Data Processing Agreement, which shall govern this license as well.

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

For the purpose of this agreement, "Contributions" means any feedback, suggestions, ideas, or other content you provide to us related to the Licensed Application. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  1. LIABILITY

7.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

  1. WARRANTY

8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Software Athlete's sphere of influence that affect the executability of the Licensed Application.

8.3 You are required to inspect the Licensed Application immediately after installing it and notify Software Athlete about issues discovered without delay by email provided in Contact Information. For clarity, "discovery" is defined as the date when the defect first becomes apparent to You during normal use of the Licensed Application. The defect report will be taken into consideration and further investigated if it has been emailed within a period of three hundred sixty five (365) days after discovery.

8.4 If we confirm that the Licensed Application is defective, Software Athlete reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Software Athlete, and Your Licensed Application purchase price will be refunded to You.

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

  1. OPEN SOURCE LIBRARIES

The Licensed Application requires open source libraries, that are included in the package. These open source libraries are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the open source libraries or the use of other dealings in the open source libraries.

As a customer, you may use these open source libraries as part of the Licensed Application under the terms of this EULA. You may not extract, modify, or redistribute these libraries separately from the Licensed Application. Your rights to these libraries are governed by their respective licenses as listed below, but only to the extent that those terms don't conflict with the terms of this EULA.

The open source libraries listed in this section are included in the Licensed Application.

moment.js (Open Source -- MIT License) Copyright (c) JS Foundation and other contributors https://github.com/moment/moment/blob/develop/LICENSE

apexcharts.js (Open Source -- MIT License) Copyright (c) 2018 ApexCharts https://github.com/apexcharts/apexcharts.js/blob/main/LICENSE

tabulator(Open Source -- MIT License) Copyright (c) 2015-2024 Oli Folkerd https://github.com/olifolkerd/tabulator/blob/master/LICENSE

boxicons(Open Source -- MIT License) Copyright (c) 2015-2021 Aniket Suvarna https://github.com/atisawd/boxicons/blob/master/LICENSE

jspdf (Open Source -- MIT License) Copyright (c) 2010-2021 James Hall, https://github.com/MrRio/jsPDF (c) 2015-2021 yWorks GmbH, https://www.yworks.com/ https://github.com/parallax/jsPDF/blob/master/LICENSE

flatpickr(Open Source -- MIT License) Copyright (c) 2017 Gregory Petrosyan https://github.com/flatpickr/flatpickr/blob/master/LICENSE.md

luxon(Open Source -- MIT License) Copyright (c) 2019 JS Foundation and other contributors https://github.com/moment/luxon/blob/master/LICENSE.md

echarts (Apache License 2.0) https://github.com/apache/echarts/blob/master/LICENSE

  1. PRODUCT CLAIMS

Software Athlete and the End-User acknowledge that Software Athlete is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

  1. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

  1. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Christof Steps
Industriestraße 4a, 4840 Vöcklabruck
Austria
c.steps@software-athlete.com
  1. TERMINATION

The license is valid until terminated according to the applicable agreement. Your rights under this license will terminate automatically and without notice from Software Athlete if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

  1. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Software Athlete represents and warrants that Software Athlete will comply with applicable third-party terms of agreement when using Licensed Application.

  1. INTELLECTUAL PROPERTY RIGHTS

Software Athlete and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Software Athlete will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

  1. APPLICABLE LAW

This License Agreement is governed by the laws of Austria excluding its conflicts of law rules.

  1. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.