PLC ANIMATOR: PLC SIMULATOR 

End User License Agreement (EULA) 

1.0 INTRODUCTION 

1. Welcome to the PLC Animator: PLC Simulator End User License Agreement (EULA)! This document outlines the terms and conditions under which you, the user, are granted a license to use PLC Animator: PLC Simulator, including any updates, enhancements, and related documentation provided by PLC Academy. By using PLC Animator: PLC Simulator, you agree to be bound by the terms of this agreement. 

1.1 Purpose of the EULA 

1. PLC Simulator, a powerful PLC Animator designed to simulate Programmable Logic Controller (PLC) systems for industrial automation. It covers the rights and responsibilities of both users and PLC Academy regarding the use of the app, access to its features, and any associated services. It is essential to read and understand this agreement before using the app. 

1. Key Terms Defined 

1. To ensure clarity and understanding throughout the EULA, certain key terms are defined below: 

• PLC Animator: PLC Simulator: Refers to the PLC Animator application developed and provided by PLC Academy, including any updates or modifications. 
• User: Any individual or entity that downloads, installs, or uses PLC Animator: PLC Simulator on a device. 
• License: The permission granted by PLC Academy to the user to use PLC Animator: PLC Simulator in accordance with the terms of the EULA. 
• PLC Animator: The software tool designed to simulate the operation of Programmable Logic Controller (PLC) systems for industrial automation purposes. 
• PLC Academy: Refers to the developer, owner, and provider of PLC Animator: PLC Simulator. 
• Device: Any compatible hardware device on which PLC Animator: PLC Simulator is installed or used. 
• Content: Includes but is not limited to text, images, videos, audio, designs, and any other materials provided within PLC Animator: PLC Simulator. 
• Updates: Refers to any new versions, features, enhancements, or modifications made to PLC Animator: PLC Simulator by PLC Academy. 

 

2.0 LICENSE GRANT 

1. By downloading, installing, or using PLC Animator: PLC Simulator ("the App"), you ("Licensee") agree to the terms and conditions of this End User License Agreement ("EULA") as set forth by PLC Academy ("Licensor"). The EULA governs the rights and obligations related to the use of the App for personal and non-commercial purposes. 

2.1 PERSONAL USE 

1. As a Licensee of PLC Animator: PLC Simulator, you are granted a non-exclusive, non-transferable, revocable license to use the App on your personal devices for the purposes outlined below. This license is granted solely for the duration in which you comply with the terms of this agreement. 

2.1.1 Installation on Personal Devices 

1. Supported Devices:   The App is designed to be compatible with a range of personal devices, including smart phones, tablets, and personal computers.  You may install the App on any device that you own or control, provided that it meets the minimum system requirements specified by the Licensor. 

1. Installation Process:  To install the App, simply download it from the official app store or from the authorized distribution platform.  Ensure that you follow the installation instructions provided by the platform to complete the installation process on your device. 

1. Device Compatibility:  The Licensor strives to ensure compatibility with popular operating systems such as iOS and Android.  It is your responsibility to ensure that your device meets the necessary specifications to run the App smoothly. 

2.1.2 Non-Commercial Purposes 

1. Intended Use:   The App is intended for personal, non-commercial use by individual Licensees.  You may use the App for personal purposes such as learning, experimentation, or entertainment related to Programmable Logic Controller (PLC) systems and industrial automation. 

1. Educational and Training Use:  Licensees who are students, educators, or professionals in the field of industrial automation may use the App for educational or training purposes.  This includes simulating PLC logic, testing control systems, or exploring industrial automation concepts in a virtual environment. 

1. Research and Development:  Licensees engaged in research and development activities related to PLC systems may use the App for testing and prototyping purposes.  The App provides a safe and controlled environment for experimentation and validation of PLC logic. 

2.1.3 Compliance with Terms 

1. Usage Restrictions:  You agree to use the App in compliance with all applicable laws, regulations, and third-party rights.  The App is not to be used for any illegal, fraudulent, or unauthorized purposes. 

1. Non-Transferable License:  The license granted to you is personal and may not be transferred, assigned, or sublicensed to any other individual or entity.  Each Licensee must obtain their own license to use the App on their personal devices. 

1. No Redistribution:  You are expressly prohibited from redistributing, sharing, or making the App available to any third party.  The App is for your personal use only and may not be shared or distributed in any form. 

2.1.4 Benefits of Personal Use 

1. Convenience:  By having the App installed on your personal device, you have easy access to PLC simulation and industrial automation tools anytime, anywhere.  This convenience allows you to engage with PLC logic, test control systems, or explore automation concepts at your own pace. 

1. Learning and Skill Development:  For students and professionals in the field of industrial automation, the App serves as a valuable learning tool.  You can experiment with different PLC configurations, simulate real-world scenarios, and gain hands-on experience in a virtual environment. 

1. Safe Testing Environment:  The App provides a safe and controlled environment for testing PLC logic and control systems.  You can test new ideas, troubleshoot issues, and refine your skills without the risk of affecting real-world equipment or processes. 

2.1.5 Usage Guidelines 

1. Regular Updates:  It is recommended to keep the App updated to the latest version to access new features, improvements, and bug fixes.  Updates may enhance the functionality of the App and provide additional tools for PLC simulation and automation. 

1. Data Backup:  As a precautionary measure, consider backing up any important data or configurations within the App.  This ensures that your progress and settings are preserved in case of device failure or unforeseen circumstances. 

1. Responsible Use:  While using the App, please ensure that you do not engage in any activities that may cause harm or disruption.  Respect the intellectual property rights of the Licensor and refrain from unauthorized use or distribution of the App. 

1. The License Grant for PLC Animator: PLC Simulator provides Licensees with the opportunity to explore and engage with PLC simulation and industrial automation tools for personal and non-commercial purposes. By installing the App on personal devices, Licensees can enhance their learning, skills development, and experimentation in a safe and controlled virtual environment. 

1. BUSINESS USE 

1. You have the opportunity to extend the benefits of PLC simulation and industrial automation tools to your organization for business purposes. This section outlines the specific permissions and guidelines for using the App within a business or organizational setting. 

2.2.1 Use by Authorized Employees or Agents 

1. Scope of Business Use:  The Licensee, being an entity such as a corporation, organization, educational institution, or business entity ("Business Entity"), may extend the use of the App to its authorized employees, contractors, agents, or representatives ("Users").  Users are granted access to the App for the purpose of conducting business-related activities that are directly related to the operations, training, testing, or educational needs of the Business Entity. 

1. Authorization: The Business Entity, as the Licensee, is responsible for authorizing specific Users to access and use the App on behalf of the organization.  Authorized Users must be informed of and agree to abide by the terms and conditions of this EULA in their capacity as representatives of the Business Entity. 

1. Training and Education:  The App provides a valuable resource for training employees or students in the field of industrial automation and Programmable Logic Controller (PLC) systems.  Authorized Users may utilize the App for training sessions, workshops, or courses aimed at enhancing their understanding of PLC logic, control systems, and automation concepts. 

1. Testing and Prototyping:  Businesses involved in the development, testing, or implementation of PLC systems can benefit from the App's simulation capabilities.  Authorized Users may use the App to create, test, and refine PLC logic, control algorithms, or system configurations in a virtual environment before deploying them in real-world applications. 

1. Simulation of Industrial Scenarios:  The App allows Users to simulate various industrial scenarios, such as manufacturing processes, robotic control, or conveyor systems.  This simulation capability enables Users to analyze the performance of PLC programs, identify potential issues, and optimize system efficiency without risk to actual equipment. 

2.2.2 Business Advantages 

1. Cost-Efficient Training:  By utilizing the App for training purposes, Business Entities can reduce the costs associated with traditional training methods.  Training sessions can be conducted virtually, eliminating the need for physical training facilities, equipment, and travel expenses. 

1. Realistic Simulation:  The realistic simulation environment provided by the App allows Users to experience real-world PLC operations without the need for physical PLC hardware.  Users can interact with virtual PLCs, input/output modules, sensors, actuators, and other components to gain hands-on experience. 

1. Risk-Free Testing:  Businesses can mitigate risks associated with testing new PLC configurations or control algorithms in actual production environments.  The App provides a safe and controlled platform for testing, allowing Users to identify and resolve issues before implementation. 

1. Optimization of Processes:  Through simulation and testing in the App, Business Entities can identify opportunities for process optimization and efficiency improvements.  Users can analyze data, monitor system performance, and make informed decisions to enhance overall productivity. 

 

2.2.3 Guidelines for Business Use 

1. Authorized Access:  The Business Entity is responsible for maintaining control over access to the App by its authorized Users.  Authorized Users must use their individual login credentials or access codes provided by the Business Entity to access the App. 

1. Compliance with Policies:  Authorized Users must adhere to the policies, guidelines, and procedures established by the Business Entity regarding the use of the App.  This includes compliance with data security protocols, confidentiality agreements, and intellectual property protection measures. 

1. Data Management:  Business Entities are responsible for the management and security of any data or configurations created, uploaded, or stored within the App.  Authorized Users must follow data handling procedures established by the Business Entity to ensure data integrity and privacy. 

1. Collaborative Use:  The App supports collaborative work environments, allowing multiple Users to work on PLC projects simultaneously.  Business Entities can encourage collaboration among team members, sharing knowledge, ideas, and best practices for PLC programming and automation. 

1. Feedback and Reporting:  Business Entities are encouraged to provide feedback to the Licensor regarding the functionality, performance, or usability of the App.  Authorized Users can report any issues, bugs, or suggestions for improvements to the Licensor's support team for prompt resolution. 

2.2.4 Business Case Studies 

1. Manufacturing Industry:  A manufacturing company utilizes the App to train its engineering team on the programming and operation of PLCs used in its production lines.  Engineers simulate different production scenarios, optimize control algorithms, and troubleshoot potential issues before implementing changes in the factory. 

1. Educational Institutions:  Universities and technical schools integrate the App into their industrial automation courses, allowing students to gain practical experience in PLC programming.   Students design and test control systems for various applications, such as traffic lights, elevators, or robotic arms, using the App's simulation tools. 

1. Research and Development Labs:  Research labs in the field of automation and robotics use the App for prototyping new control algorithms and testing autonomous systems.  Engineers conduct experiments, analyze results, and refine their designs in the virtual environment provided by the App before conducting real-world tests. 

2.2.5 Compliance with Industry Standards 

1. Regulatory Compliance:  Business Entities operating in regulated industries, such as pharmaceuticals or aerospace, can use the App to ensure compliance with industry standards.  The App's simulation capabilities allow for testing of control systems against regulatory requirements, ensuring safe and reliable operations. 

1. Quality Control and Assurance:  Businesses focused on quality control and assurance can utilize the App to verify the performance of PLC programs and control logic.  Users can conduct virtual audits, identify potential risks, and implement corrective actions to maintain product quality and safety standards. 

1. The Business Use of PLC Animator: PLC Simulator offers Business Entities and organizations a powerful tool for training, testing, and educational purposes related to Programmable Logic Controller (PLC) systems and industrial automation. By authorizing employees or agents to use the App, businesses can benefit from cost-efficient training, realistic simulation, risk-free testing, and process optimization. The guidelines provided ensure responsible and effective use of the App within the business environment, leading to improved productivity, efficiency, and innovation in the field of industrial automation. 

1. NO REDISTRIBUTION 

1. As a Licensee of PLC Animator: PLC Simulator, you are granted a non-exclusive, non-transferable license to use the App for your personal or business needs, as outlined in this End User License Agreement (EULA). This section specifically addresses the restrictions and guidelines regarding the redistribution, sublicensing, or sharing of the App with third parties. 

2.3.1 Prohibition on Distributing the App 

1. License Limitations: The license granted to you is solely for your own use and benefit. You are expressly prohibited from distributing, sharing, or transferring the App to any third party, whether for commercial or non-commercial purposes.  This prohibition includes, but is not limited to, selling, renting, leasing, lending, or otherwise making the App available to others. 

1. No Sublicensing: You may not sublicense, assign, or delegate any rights or obligations under this EULA to any other individual or entity.  Each Licensee must obtain their own license directly from the Licensor to use the App on their devices. 

1. Confidentiality of the App:  The App and its contents are considered confidential and proprietary to the Licensor.  You agree to keep the App confidential and not disclose, distribute, or make it available to any unauthorized parties. 

2.3.2 Use for Personal and Business Use Only 

1. Personal Use: The App is intended for your personal use on your personal devices, such as smart phones, tablets, or computers.  You may install and use the App on any device that you own or control, provided it is for your own use and not shared with others. 

1. Business Use:  In the case of Business Entities, the App may be used by authorized employees or agents within the organization for business-related activities.  This includes training, testing, educational purposes, or development of PLC systems and industrial automation projects. 

2.3.3 Protection of Intellectual Property 

1. Copyright Protection:  The App, including its design, code, graphics, and content, is protected by copyright laws.  Any unauthorized distribution, reproduction, or modification of the App constitutes a violation of the Licensor's intellectual property rights. 

1. Trademark Protection:  The name, logo, and any trademarks associated with the App are the exclusive property of the Licensor.  You are prohibited from using, reproducing, or displaying these trademarks without the express written permission of the Licensor. 

2.3.3 Guidelines for App Usage 

1. Single User License:  The license granted to you is for a single user only. It is not transferable or shareable with others.  Each individual who wishes to use the App must obtain their own license directly from the Licensor. 

1. Educational Institutions and Training Centers:  Educational institutions, training centers, or businesses conducting training sessions must ensure that each participant has their own licensed copy of the App.  Redistribution or sharing of a single licensed copy among multiple participants is strictly prohibited. 

1. Business Entities and Organizations:  Business Entities must ensure that authorized employees or agents are aware of the restrictions on redistribution of the App.  Internal policies and procedures should be established to prevent unauthorized sharing or distribution of the App within the organization. 

2.3.4 Consequences of Violation 

1. Breach of License:  Violation of the prohibition on redistribution constitutes a breach of this EULA.  The Licensor reserves the right to terminate the license granted to you in the event of such a breach. 

1. Termination of License:  Upon termination of the license, you must immediately cease all use of the App and remove it from all devices.  The Licensor may pursue legal action for damages resulting from the unauthorized distribution of the App. 

 

 

2.3.5 Protection of User Privacy 

1. Data Privacy:  Sharing or redistributing the App may compromise the privacy and security of user data.  The Licensor is committed to protecting the privacy of its users and takes measures to ensure data security. 

1. User Consent:  By agreeing to this EULA, you acknowledge and agree to abide by the terms regarding the prohibition on redistribution of the App.  You understand that any unauthorized distribution may result in legal action and termination of your license. 

2.3.6 Compliance with App Store Policies 

1. App Store Guidelines:  When downloading or purchasing the App from an app store or distribution platform, you agree to comply with the platform's terms of service and guidelines.  App stores may have specific policies regarding the distribution and sharing of apps, which you must adhere to. 

1. Terms of Service:  The Licensor is not responsible for any violations of app store policies or terms of service by Licensees.  It is your responsibility to review and comply with the terms set forth by the app store or distribution platform. 

1. The prohibition on redistribution of PLC Animator: PLC Simulator is in place to protect the intellectual property rights of the Licensor and maintain the integrity of the App.  

1. As a Licensee, you are granted the privilege to use the App for your personal or business needs, but this privilege does not extend to sharing, distributing, or sublicensing the App to others. By respecting these guidelines, you contribute to the safeguarding of the App's content, privacy of user data, and compliance with app store policies. Violation of this prohibition may result in the termination of your license and legal consequences.  

 

 

 

1. RESTRICTIONS 

1. As a Licensee of PLC Animator: PLC Simulator App, you are granted a non-exclusive, non-transferable license to use the App for personal or business purposes, subject to certain restrictions outlined in this End User License Agreement (EULA). This section highlights the obligations and limitations regarding the use of the App to ensure compliance with laws, protection of intellectual property, and preservation of the App's integrity. 

1. Compliance with Laws and Regulations 

1. Legal Compliance:  You agree to use the App in compliance with all applicable laws, regulations, and ordinances of the jurisdiction in which you operate.  This includes, but is not limited to, laws related to data privacy, intellectual property rights, export controls, and anti-discrimination laws. 

1. Responsible Use:  You are responsible for ensuring that your use of the App does not violate any third-party rights, including copyrights, trademarks, or patents.  Use of the App for illegal, fraudulent, or unauthorized purposes is strictly prohibited. 

1. Data Protection:  When using the App, you agree to protect the privacy and confidentiality of any data or information processed or stored within the App.  This includes adhering to data protection laws and regulations, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). 

2.4.2 Prohibition on Modifications 

1. No Modifications:  You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, or creating derivative works of the App.  This prohibition extends to any part of the App, including its source code, algorithms, or user interface elements. 

1. Preservation of Integrity:  Modifying the App in any way may compromise its integrity, stability, or security.  By refraining from modifications, you ensure the App functions as intended, maintaining its reliability and performance. 

1. Protection of Licensor's Rights: The Licensor retains all rights, title, and interest in and to the App, including its source code, design, and proprietary technologies.  Unauthorized modifications or alterations may infringe upon the Licensor's intellectual property rights. 

2.4.3 Prohibition on Reverse Engineering 

1. Reverse Engineering Prohibited: You agree not to reverse engineer, analyze, or attempt to discover the underlying algorithms, protocols, or mechanisms of the App.  Reverse engineering may involve extracting information about the inner workings of the App, its functions, or its logic. 

1. Trade Secret Protection:  The App contains trade secrets and confidential information that are integral to its functionality and value.  Reverse engineering undermines the protection of these trade secrets and may result in legal action. 

1. Preservation of Security:  Reverse engineering may introduce vulnerabilities or weaknesses into the App, compromising its security and exposing user data to risks.  By refraining from reverse engineering, you contribute to the overall security and trustworthiness of the App. 

2.4.4 Prohibition on Removing Proprietary Notices 

1. Preservation of Notices:  The App may contain proprietary notices, trademarks, copyright notices, or other identifiers of the Licensor's ownership rights.  You agree not to remove, alter, obscure, or deface any of these proprietary notices within the App. 

1. Identification of Ownership:  Proprietary notices serve to identify the ownership rights of the Licensor in the App and its components.  Removing or tampering with these notices may mislead users or third parties regarding the App's ownership and origin. 

1. Respect for Intellectual Property:  Preserving proprietary notices demonstrates respect for the intellectual property rights of the Licensor.  It also ensures transparency and clarity regarding the App's origin and the rights associated with its use. 

2.4.5 Use for Authorized Purposes Only 

1. Limited Scope: The license granted to you is limited to the purposes outlined in this EULA, whether for personal use or business use within the permitted scope.  Any use of the App beyond these authorized purposes is prohibited. 

1. Non-Transferable License:  The license is personal to you and may not be transferred, assigned, or sublicensed to any other individual or entity.  Each user must obtain their own license directly from the Licensor for use of the App. 

2.4.6 Compliance Audits 

1. Right to Audit: The Licensor reserves the right to conduct audits or inspections to verify your compliance with the terms of this EULA. Audits may include examining usage records, configurations, or any other information related to your use of the App. 

1. Cooperation: You agree to cooperate fully with any audits or inspections conducted by the Licensor.  This includes providing access to relevant information, data, or records upon request. 

1. This EULA outlines the obligations and limitations placed upon Licensees to ensure the lawful and responsible use of PLC Animator: PLC Simulator App. By agreeing to this EULA, you commit to using the App in compliance with all applicable laws and regulations, protecting the integrity of the App, and respecting the intellectual property rights of the Licensor.  

1. The prohibition on modifications, reverse engineering, and removal of proprietary notices serves to safeguard the App's functionality, security, and ownership. Your cooperation in adhering to these restrictions contributes to a secure, reliable, and trusted user experience for all users of PLC Animator: PLC Simulator App. 

2.5 SINGLE USER LICENSE 

1. The "Single User License" for PLC Animator: PLC Simulator App governs the terms and conditions under which a single user is granted the right to use the App. This section outlines the scope of the license, the requirements for individual licenses, and the responsibilities of the Licensee in maintaining compliance with this EULA.  

2.5.1 Scope of the Single User License 

1. License to a Single User:  The Licensee, being an individual user, is granted a personal, non-exclusive, non-transferable license to use the App.  This license is limited to a single user and is intended for the personal use of the Licensee on their personal devices. 

1. Personal Use Only:  The App is licensed for personal, non-commercial use by the Licensee.  This includes activities such as learning, experimentation, and exploration of Programmable Logic Controller (PLC) systems and industrial automation concepts. 

1. Business Use Restrictions:  In the case of a Business Entity, each individual employee or agent who wishes to use the App must obtain their own separate license.  The Single User License does not extend to multiple users within an organization, each of whom must have their own licensed copy of the App. 

2.5.2 Requirement for Separate Licenses 

1. Individual Licenses: Each individual user who wishes to use the App must obtain their own separate license.  This requirement ensures that each user has their own unique access to the App's features, functionalities, and support services. 

1. Authorized Users:  In a business or organizational setting, the App may be used by authorized employees, contractors, or agents.  Each authorized user must have their own valid license to use the App for business-related activities. 

1. Educational Institutions:  Students, educators, or staff members of educational institutions must obtain individual licenses for their personal use of the App.  This allows each user to benefit from the educational tools and resources provided by the App. 

2.5.3 Responsibilities of the Licensee: 

1. License Ownership:  The Single User License grants the Licensee the right to use the App for the duration of the license term.  Ownership of the App and its components, including its source code, remains with the Licensor. 

1. Non-Transferable License:  The license granted to the Licensee is personal and may not be transferred, assigned, or sublicensed to any other individual or entity.  Each user must obtain their own license directly from the Licensor to use the App. 

1. Protection of License Credentials:  The Licensee is responsible for maintaining the confidentiality and security of their license credentials.  License credentials, such as login information or access codes, must not be shared with others to prevent unauthorized use of the App. 

1. Usage Restrictions:  The Licensee agrees to use the App in compliance with all applicable laws, regulations, and this EULA.  Any unauthorized use, distribution, or modification of the App is strictly prohibited. 

2.5.4 Benefits of Single User Licenses 

1. Personalized Experience:  Each user with a Single User License enjoys a personalized experience tailored to their preferences and needs.  Custom settings, configurations, and progress within the App are unique to each individual user. 

1. Continuous Support:  Licensees with Single User Licenses are eligible for ongoing support and updates from the Licensor.  This includes access to customer support services, bug fixes, and new feature releases. 

1. Privacy and Data Security:  Single User Licenses ensure the privacy and security of each user's data and configurations within the App. Users can rest assured that their personal information and work are protected within their individual license accounts. 

2.5.5 Renewal and Extension of Single User Licenses 

1. Renewal Process:  Single User Licenses may have a specified term, after which they may need to be renewed for continued access to the App.  The renewal process allows users to maintain uninterrupted access to updates, support, and new features. 

1. Subscription Options:  Depending on the licensing model, Single User Licenses may be offered on a subscription basis with options for monthly or annual renewals.  Users can choose the subscription plan that best suits their needs and budget. 

1. Notification of Expiry:  The Licensor may notify Licensees in advance of the expiration of their Single User License.  This notification provides users with ample time to renew their license and avoid any disruptions in App access. 

2.5.6 Compliance Audits for Single User Licenses 

1. Audit Rights:  The Licensor reserves the right to conduct audits or inspections to ensure compliance with the terms of the Single User License.  Audits may include verifying the number of active users, license usage, or other relevant information. 

1. Cooperation with Audits:  The Licensee agrees to cooperate fully with any audits or inspections conducted by the Licensor.  This includes providing access to relevant information, data, or records upon request. 

1. The "Single User License" for PLC Animator: PLC Simulator App provides individuals with a personal, non-transferable license to use the App for personal or educational purposes. Each user must obtain their own separate license to access the features and functionalities of the App, ensuring a personalized experience tailored to their needs. In a business setting, each authorized employee or agent must have their own licensed copy of the App. By obtaining a Single User License, users benefit from ongoing support, updates, and the protection of their data and configurations within the App.  

1. Licensor maintains the right to conduct audits to ensure compliance with the terms of the Single User License. Thank you for your cooperation in adhering to the requirements and responsibilities associated with the Single User License of PLC Animator: PLC Simulator App. 

3.0 USAGE METRICS / PRIVACY POLICY 

3.1 Collection and Transmission for Analytical Purposes 

1. The "Usage Metrics" section of this End User License Agreement (EULA) addresses the collection, transmission, and processing of usage metrics by PLC Animator: PLC Simulator App. These metrics are gathered to analyze user interactions, improve the functionality of the App, and enhance the overall user experience. 

3.2 Purpose of Collecting Usage Metrics 

1. Improving User Experience:  The primary goal of collecting usage metrics is to improve the overall user experience of the App. By understanding how users navigate the App, which features they use most frequently, and where they may encounter difficulties, the development team can make informed decisions to enhance usability. 

1. Enhancing App Performance:  Usage metrics provide valuable insights into the performance of the App across different devices, operating systems, and network conditions.  This data helps identify areas for optimization, such as reducing loading times, improving responsiveness, and minimizing crashes or errors. 

1. Feature Prioritization:  Analysis of usage metrics helps prioritize the development of new features or enhancements based on user preferences and needs.  The App can evolve in alignment with user expectations, offering tools and functionalities that address common use cases and challenges. 

3.3 Types of Usage Metrics Collected 

1. Session Data:  The App may collect information about user sessions, including the duration of each session, the screens visited, and the actions taken.  This data helps visualize the typical user journey within the App, identifying areas of interest and potential improvements. 

1. Feature Usage:  Usage metrics may include data on which features or tools within the App are utilized most frequently by users.  Understanding feature popularity guides decisions on optimizing existing features and developing new ones that align with user preferences. 

1. Error Reports:  The App may automatically generate error reports when users encounter issues such as crashes, freezes, or unexpected behavior.  These error reports assist the development team in diagnosing and resolving technical issues promptly. 

1. Device Information:  Information about the user's device, such as device type, operating system version, screen resolution, and hardware specifications, may be collected.  This data helps ensure compatibility with a wide range of devices and optimize the App's performance for different configurations. 

3.4 User's Agreement to Data Collection 

1. Consent to Data Collection:  By accepting this EULA and using the App, you acknowledge and consent to the collection, transmission, and processing of usage metrics as described herein.  Your acceptance of this agreement signifies your agreement to share the specified data for the purposes outlined. 

1. Opt-Out Options:  While usage metrics are collected by default for analytical purposes, you may have the option to opt out of certain data collection practices.  Opt-out options, if available, will be clearly outlined in the App settings or preferences. 

1. Revocable Consent:  You have the right to revoke your consent to the collection and processing of usage metrics at any time.  Revoking consent may limit certain functionalities or personalized features of the App that rely on usage data. 

3.5 Data Transmission and Security 

1. Secure Data Transmission:  Usage metrics are transmitted securely over encrypted connections to protect the confidentiality and integrity of the data.  Industry-standard encryption protocols are employed to safeguard data during transmission. 

1. Storage and Retention:  Usage metrics are stored securely on servers maintained by the Licensor or authorized third-party service providers.  Data retention periods are defined to ensure that only necessary data is retained for analytical purposes. 

1. Anonymization and Aggregation:  Personally identifiable information (PII) is not included in usage metrics unless explicitly provided by you for support or feedback purposes.  Usage data is anonymized and aggregated to protect user privacy while providing valuable insights for analysis. 

3.6 Third-Party Analytics Services 

1. Utilization of Third-Party Services:  The App may utilize third-party analytics services to collect and analyze usage metrics.  These services are selected for their expertise in data analysis and adherence to strict data privacy standards. 

1. Data Sharing Agreements:  The Licensor enters into data processing agreements with third-party analytics services to ensure compliance with data protection laws.  These agreements outline the responsibilities of the analytics services in handling user data securely and confidentially. 

3.7 User Benefits and Impact 

1. Tailored User Experience:  The collection of usage metrics enables the App to offer personalized recommendations, tips, or content based on your usage patterns.  This tailored experience enhances user engagement and satisfaction with the App. 

1. Bug Fixes and Improvements:  Usage metrics help identify and prioritize bug fixes, performance optimizations, and user interface enhancements.  Regular updates based on usage data ensure that the App remains reliable, efficient, and enjoyable to use. 

1. Transparent Development Process:  By sharing usage metrics with users, the Licensor fosters transparency in the development process.  Users gain insights into how their feedback and usage patterns influence the evolution of the App. 

3.8 Compliance with Data Protection Laws 

1. Adherence to Regulations:  The collection and processing of usage metrics by the App comply with applicable data protection laws and regulations.  This includes regulations such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other regional data privacy laws. 

1. Data Subject Rights:  As a user, you have rights regarding the collection and processing of your personal data under applicable data protection laws.  These rights may include the right to access, rectify, delete, or restrict the processing of your usage data. 

3.9 User Control and Transparency 

1. Data Preferences: The App provides mechanisms for you to control your data preferences; including opting out of certain data collection practices.    You can adjust your settings to align with your comfort level regarding data sharing and processing. 

1. Privacy Policy Access:  The App's Privacy Policy details the specifics of data collection, transmission, processing, and user rights.  Accessing the Privacy Policy allows you to gain a deeper understanding of how your data is handled within the App ecosystem. 

3.10 Continuous Improvement and Responsiveness 

1. Feedback Channels:  The Licensor encourages users to provide feedback, suggestions, or concerns regarding the collection of usage metrics. Your input helps shape the development roadmap of the App, ensuring it meets the needs and expectations of its users. 

1. Regular Updates and Communication:  Users can expect regular updates on the App's features, enhancements, and data collection practices.  The Licensor communicates changes or updates to data collection through in-app notifications, emails, or announcements. 

1. By using the App, you consent to the collection and analysis of usage data for the purposes of improving the user experience, enhancing performance, and prioritizing feature development. Your privacy and data security are paramount, and the App takes measures to ensure that usage metrics are collected, transmitted, and processed in compliance with applicable data protection laws and regulations. Transparency, user control, and continuous improvement are core principles guiding the App's approach to data collection and analysis.  

 

4.0 TRANSFERABILITY AND ASSIGNMENT 

1. This section outlines the non-transferable nature of the license, the prohibition on transferring, assigning, or sublicensing the license, and the requirement for written consent from the Licensor for any transfer. 

1. NON-TRANSFERABLE LICENSE 

1. Nature of the License: The license granted to you as a Licensee is personal, non-exclusive, and non-transferable. This means that the rights and privileges associated with the license are intended solely for your use and cannot be transferred to another party. 

1. Personal Use Only:  The App is licensed to you for personal, non-commercial use in accordance with the terms of this EULA.  The non-transferable nature of the license ensures that only you, as the designated Licensee, have the right to use the App on your personal devices. 

4.1.1 Prohibition on Transfers, Assignments, or Sublicensing 

1. No Transfer of License: You are expressly prohibited from transferring, assigning, or otherwise conveying the license to any other individual, entity, or third party.  This prohibition includes selling, renting, leasing, or otherwise disposing of your rights under the license. 

1. No Sublicensing:  Sublicensing, which involves granting a sub-license to another party, is also strictly prohibited.  You may not authorize or enable any other person or entity to use the App under your license. 

1. Exclusive License:  The license granted to you is exclusive to your personal use and enjoyment of the App.  It is not intended to be shared, distributed, or extended to others without the express written consent of the Licensor. 

1. Requirement for Written Consent 

1. Written Consent from Licensor:  Any transfer, assignment, or sublicensing of the license requires the prior written consent of the Licensor.  Written consent must be obtained in advance of any proposed transfer and must be explicitly granted by the Licensor. 

1. Procedure for Transfer:  If you wish to transfer your license to another party, you must submit a written request to the Licensor.  The request should include details of the proposed transfer, the identity of the transferee, and the intended use of the App. 

1. Conditions of Consent:  The Licensor reserves the right to impose conditions or restrictions on any approved transfer of the license.  Conditions may include limitations on the scope of the transferred license, the duration of the transfer, or any other relevant terms. 

4.1.3 Exceptions to Transferability 

1. Corporate Restructuring:  In the event of a merger, acquisition, or corporate restructuring involving the Licensee, the license may be transferred to the surviving entity. Such transfers must be notified to the Licensor and are subject to verification and approval. 

1. Successors and Assigns:  The license may be transferred to your legal successors or assigns in the case of your incapacity, disability, or death.  This ensures continuity of access to the App for authorized individuals designated by you. 

4.1.4 Impact of Non-Transferability 

1. Protection of License Rights: The non-transferable nature of the license protects the intellectual property rights and interests of the Licensor.  It ensures that the App is used only by authorized individuals who have agreed to the terms of this EULA. 

1. Maintaining Accountability:  By restricting transfers and assignments, the Licensor can maintain accountability for the use and distribution of the App.  This helps prevent unauthorized use, piracy, or misuse of the App's features and functionalities. 

1. Enforcement of Transfer Prohibitions 

1. Violation Consequences:  Any unauthorized transfer, assignment, or sublicensing of the license constitutes a material breach of this EULA.  The Licensor reserves the right to take legal action or pursue remedies for such breaches, including termination of the license. 

1. Termination of License:  In the event of a breach of the transfer prohibitions, the Licensor may terminate your license to use the App.  This termination may result in the immediate cessation of access to the App and its associated services. 

4.1.6 Responsibility of the Licensee 

1. Compliance with Transfer Restrictions:  As the Licensee, you are responsible for ensuring compliance with the transfer and assignment restrictions outlined in this EULA.  It is your obligation to refrain from any actions that would violate these provisions. 

1. Notification of Changes:  You agree to promptly inform the Licensor of any changes in ownership, control, or legal status that may affect the transferability of the license.  This includes changes in corporate structure, ownership interests, or legal capacity. 

1. This EULA establishes the non-transferable nature of the license granted by PLC Animator: PLC Simulator App. As the Licensee, you are prohibited from transferring, assigning, or sublicensing the license to any other party without the prior written consent of the Licensor.  

1. Any proposed transfers must be submitted to the Licensor for approval, and compliance with the conditions of transfer must be maintained. These restrictions are in place to protect the integrity of the license, the intellectual property rights of the Licensor, and to ensure accountability in the use of the App.  

1. Your adherence to these transfer and assignment provisions is essential to maintain the validity of your license and to avoid potential legal consequences. 

4.2 BUSINESS ENTITIES 

1. The section addresses the conditions under which a business entity may obtain and use licenses for PLC Animator: PLC Simulator App. This section outlines the extension of the license to authorized employees or agents of the business entity, and the requirement for compliance with the terms of this EULA by individual users within the entity. 

1. Extension of License to Authorized Employees or Agents 

1. Business Use Authorization: A business entity, such as a corporation, partnership, or organization ("the Entity"), may obtain licenses for the App for use by its authorized employees or agents. The Entity is granted the authority to extend the use of the App to its designated users, subject to the terms and conditions of this EULA. 

1. Authorized Users:  Authorized users within the Entity may include employees, contractors, consultants, or agents acting on behalf of the Entity.  These users are permitted to use the App for business-related activities within the scope of their roles and responsibilities. 

1. Scope of Business Use:  The App may be used by authorized users within the Entity for purposes directly related to the Entity's business operations.  This includes tasks such as PLC system monitoring, testing, troubleshooting, and educational training for employees. 

1. Requirement for Compliance with Terms: 

1. Individual User Acknowledgment:  Each individual user within the Entity who is granted access to the App must acknowledge and agree to comply with the terms of this EULA.  This acknowledgment may be obtained through an electronic acceptance process or another method specified by the Entity. 

1. User Responsibilities:  Individual users are responsible for understanding and adhering to the terms, restrictions, and obligations outlined in this EULA.  This includes maintaining the confidentiality of their login credentials, using the App for authorized purposes only, and respecting the intellectual property rights of the Licensor. 

1. Training and Education:  The Entity is encouraged to provide training or educational resources to its users regarding the proper use and functionality of the App.  Training programs can help users maximize the benefits of the App while ensuring compliance with the terms of this EULA. 

4.2.3 Access Management and Control 

1. User Account Administration:  The Entity is responsible for managing user accounts, access permissions, and roles within the App.  User accounts should be created, modified, or deactivated in accordance with the Entity's internal policies and procedures. 

1. Access Revocation:  In the event that an authorized user leaves the employ or association of the Entity, their access to the App must be promptly revoked.  Access revocation helps prevent unauthorized use of the App and protects the Entity's data and resources. 

1. Access Controls:  The App may provide features or tools for the Entity to control and monitor user access.  This includes user authentication measures, access levels, and activity logs to track usage and ensure compliance. 

4.2.4 Compliance Audits and Reporting: 

1. Entity Oversight:  The Entity is responsible for monitoring and ensuring compliance with the terms of this EULA by its authorized users.  Regular audits or reviews may be conducted to verify adherence to the terms and proper use of the App. 

1. Audit Trail:  The App may maintain an audit trail or log of user activities, changes, or interactions within the system.  This audit trail serves as a record of user actions and can be used for compliance monitoring and reporting purposes. 

4.2.5 Benefits of Business Entity Licensing 

1. Centralized Management:  Licensing the App for use within a business entity allows for centralized management of user access and permissions.  The Entity can efficiently allocate licenses, track usage, and ensure compliance across its workforce. 

1. Cost-Efficient Licensing:  Business entity licensing often offers cost savings compared to individual user licenses.  Bulk licensing agreements may be available, providing discounts for multiple user accounts within the Entity. 

1. Enhanced Collaboration:  Authorized users within the Entity can collaborate more effectively by sharing data, insights, and analyses using the App.  This fosters teamwork and knowledge sharing among employees working on common projects or objectives. 

4.2.6 Responsibilities of the Entity 

1. License Compliance:  The Entity agrees to ensure that all use of the App by its authorized users is in compliance with the terms of this EULA.  This includes monitoring usage, enforcing restrictions, and addressing any violations or breaches promptly. 

1. Data Protection:  The Entity is responsible for safeguarding the confidentiality, integrity, and security of any data or information accessed or stored within the App.  This includes compliance with data protection laws and regulations applicable to the Entity's jurisdiction. 

1. Usage Reporting:  The Entity may be required to provide periodic reports or updates to the Licensor regarding the usage of the App within its organization.  These reports help the Licensor understand the Entity's needs, usage patterns, and areas for improvement. 

4.2.7 Collaboration with the Licensor 

1. Feedback and Suggestions:  The Licensor welcomes feedback, suggestions, or feature requests from the Entity and its authorized users.  This collaboration helps shape the future development and enhancements of the App to better serve the Entity's needs. 

1. Support and Assistance:  The Licensor provides support services to assist the Entity and its authorized users with any technical issues, questions, or concerns.  Support channels may include helpdesk support, documentation, training materials, and software updates. 

1. This outlines the conditions under which a business entity may obtain and use licenses for PLC Animator: PLC Simulator App. The Entity is granted the authority to extend the use of the App to its authorized employees or agents for business-related purposes. However, each individual user within the Entity must acknowledge and agree to comply with the terms of this EULA.  

1. The Entity is responsible for managing user accounts, monitoring compliance, and ensuring proper use of the App by its authorized users. By licensing the App for use within the Entity, benefits such as centralized management, cost efficiency, and enhanced collaboration are achieved. The Licensor looks forward to a collaborative partnership with the Entity, providing support, updates, and continuous improvements to the App.  

 

5.0 TERMINATION OF LICENSE 

1. This section addresses the scenarios of breach of agreement, the rights of the Licensor to terminate the license for non-compliance, and the requirement for the Licensee to cease all use of the App upon termination. 

5.1 BREACH OF AGREEMENT 

1. Material Breach:  A material breach of this EULA occurs when the Licensee fails to comply with the terms, conditions, or obligations outlined herein.  Examples of material breaches include unauthorized distribution of the App, reverse engineering, sublicensing without consent, or any violation of intellectual property rights. 

1. Non-Compliance with Terms:  Failure to adhere to the usage restrictions, payment obligations, or confidentiality provisions of this EULA constitutes a breach of agreement.  The Licensor reserves the right to terminate the license in the event of a material breach by the Licensee. 

5.1.2 Right of the Licensor to Terminate 

1. Termination for Cause: The Licensor retains the right to terminate the license granted to the Licensee in the event of a material breach of this EULA.  Upon discovery or notification of a breach, the Licensor may issue a notice of termination to the Licensee. 

1. Notice of Termination:  The Licensor will provide the Licensee with written notice of the grounds for termination, specifying the nature of the breach and the actions required for remedy.  The notice period for remedy may vary depending on the severity and impact of the breach. 

1. Immediate Termination: In cases of severe breaches, such as unauthorized distribution or misuse of the App, the Licensor reserves the right to terminate the license immediately.  Immediate termination may be necessary to protect the integrity of the App and the rights of the Licensor. 

5.1.3 Requirement to Cease All Use 

1. Cessation of Use:  Upon termination of the license, whether due to breach of agreement or other reasons, the Licensee is required to cease all use of the App immediately.  This includes uninstalling the App from all devices, deleting any copies or installations, and discontinuing access to the App's features and services. 

1. Data and Configurations:  The Licensee is responsible for backing up and exporting any data, configurations, or settings stored within the App prior to termination.  Upon cessation of use, the Licensor is not responsible for the preservation or retrieval of any data or configurations associated with the App. 

5.1.4 Effect of Termination 

1. Loss of Access:  Termination of the license results in the immediate loss of access to the App and its functionalities.  The Licensee will no longer be able to log in, use, or benefit from any features provided by the App. 

1. No Refunds: In the event of termination for cause, the Licensee is not entitled to any refunds or compensation for unused portions of the license period.  Any fees or payments made prior to termination remain non-refundable. 

1. Legal Recourse:  The Licensor reserves the right to pursue legal recourse or remedies for damages resulting from the breach of this EULA. This may include seeking compensation for losses incurred as a result of the breach or violation of intellectual property rights. 

5.1.5 Obligations upon Termination 

1. Return of Materials:  The Licensee agrees to return or destroy all materials, documentation, or copies of the App in their possession upon termination of the license. This includes physical copies, digital downloads, or any other form of the App obtained during the license period. 

1. Compliance with Termination Notice:  The Licensee agrees to comply with the terms and requirements specified in the notice of termination issued by the Licensor.  Failure to comply may result in further legal action or consequences for the Licensee. 

5.1.6 Appeal and Remediation 

1. Opportunity for Remedy:  In some cases, the Licensor may provide the Licensee with an opportunity to remedy the breach within a specified period.  The Licensee may be required to demonstrate corrective actions taken to address the breach and prevent future occurrences. 

1. Appeal Process:  The Licensee may have the right to appeal the termination of the license by submitting a written appeal to the Licensor.  The appeal should include a detailed explanation of the grounds for appeal and any supporting evidence or documentation. 

5.2 EFFECT OF TERMINATION 

5.2.1 Cessation of all Rights Granted 

1. Immediate Loss of Rights:  Upon the termination of the license, whether due to breach of agreement, expiration, or other reasons, all rights granted to the Licensee under this EULA cease immediately.  The Licensee is no longer authorized to use, access, or benefit from any features, functionalities, or services provided by the App. 

1. Revocation of Privileges:  The termination of the license results in the revocation of any privileges, permissions, or entitlements previously granted to the Licensee.  This includes the right to use the App for personal, business, educational, or any other purposes specified in the EULA. 

5.2.2 Requirement to Uninstall and Remove 

1. Immediate Uninstallation:  The Licensee is required to uninstall and remove all copies of the App from any devices, hardware, or systems in their possession or control.  This includes desktop computers, laptops, mobile devices, servers, or any other platforms on which the App was installed. 

1. Deletion of Data:  In addition to uninstallation, the Licensee must delete any data, files, configurations, or settings associated with the App.  This ensures the complete removal of the App and any related information from the Licensee's devices. 

5.2.3 Compliance with Termination Notice 

1. Adherence to Notice Requirements:  The Licensee agrees to comply with any specific instructions or requirements outlined in the notice of termination issued by the Licensor.  This may include deadlines for uninstallation, data deletion, or other actions to be taken by the Licensee. 

1. Confirmation of Compliance:  The Licensee may be required to confirm in writing or through an acknowledgment process that they have complied with the termination notice.  This confirmation ensures that all necessary steps have been taken to cease the use of the App effectively. 

5.2.4 Survival of Certain Provisions 

1. Intellectual Property Rights:  Despite the termination of the license, certain provisions of this EULA will continue to remain in effect.  Intellectual property rights, including copyrights, trademarks, and proprietary information, remain the exclusive property of the Licensor. 

1. Confidentiality Obligations:  Any confidentiality obligations or non-disclosure provisions specified in this EULA survive the termination of the license.  The Licensee is still bound to maintain the confidentiality of any confidential or proprietary information obtained during the license period. 

1. Limitations of Liability:  Limitations of liability, disclaimers of warranties, and indemnification provisions continue to apply even after the termination of the license.  These provisions outline the extent of the Licensor's liability, disclaim warranties on the App's performance, and specify the Licensee's responsibility to indemnify the Licensor from certain claims. 

5.2.5 Legal Recourse and Remedies 

1. Rights of the Licensor:  The termination of the license does not affect the Licensor's rights to pursue legal recourse or remedies for breaches of the EULA.  The Licensor retains the right to seek damages, injunctions, or other legal actions against the Licensee for violations of the EULA terms. 

1. Enforcement of Obligations: The Licensee remains obligated to fulfill any outstanding obligations or liabilities incurred prior to the termination of the license.  This includes payment obligations, compliance with intellectual property rights, and adherence to confidentiality obligations. 

5.2.6 Post-Termination Assistance 

1. Data Backup and Recovery:  Prior to uninstallation and deletion, the Licensee is encouraged to back up any data or information necessary for their records or operations.  This ensures that critical data is not lost and can be recovered if needed after the termination of the license. 

1. Support for Transition:  The Licensor may provide limited support or guidance to assist the Licensee with the transition process following the termination of the license.  This may include resources, documentation, or recommendations for alternative solutions or software. 

 

1. Upon termination, all rights granted to the Licensee under the license cease immediately, and the Licensee is no longer authorized to use, access, or benefit from the App's features. The Licensee is required to uninstall and remove all copies of the App from their devices, as well as delete any associated data or configurations. Certain provisions of this EULA, such as intellectual property rights, confidentiality obligations, and limitations of liability, continue to survive the termination of the license.  

1. The Licensor retains the right to pursue legal recourse for breaches of the EULA, and the Licensee remains obligated to fulfill any outstanding obligations. The Licensor may provide limited assistance or support to facilitate the transition following termination.  

 

6.0 GOVERNING LAW 

1. This section specifies the application of the laws of a specific jurisdiction and the exclusive jurisdiction of the courts in that jurisdiction for disputes arising from the EULA. 

6.1 JURISDICTION 

1. Designated Jurisdiction:  This EULA shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of laws principles. Mexico is designated as the exclusive jurisdiction for any disputes, claims, or legal proceedings arising from or related to this EULA. 

1. Choice of Law:  The parties agree that any disputes or matters arising under this EULA shall be subject to the laws of Mexico. The laws of Mexico shall apply to the interpretation, validity, performance, and enforcement of this EULA. 

6.1.1 Application of the Laws 

1. Interpretation of Terms:  The terms and provisions of this EULA shall be interpreted and enforced in accordance with the laws of Mexico.  Any ambiguity or uncertainty in the interpretation of this EULA shall be resolved in favor of the interpretation that is consistent with the laws of Mexico. 

1. Legal Effect:  The parties acknowledge and agree that the laws of Mexico shall govern the legal effect and validity of this EULA. This includes the enforceability of provisions, rights, and obligations of the parties under the EULA. 

6.1.2 Exclusive Jurisdiction of Courts 

1. Exclusive Venue:  Any disputes, controversies, or claims arising out of or relating to this EULA shall be subject to the exclusive jurisdiction of the courts in Mexico.  The parties hereby submit to the exclusive jurisdiction of the courts in Mexico for the resolution of any such disputes. 

1. Waiver of Other Jurisdictions:  The parties expressly waive any objections to the jurisdiction of the courts in Mexico for the purpose of resolving disputes related to this EULA.  This waiver includes any claims of inconvenient forum or lack of personal jurisdiction. 

1. Enforcement of Judgments:  Any judgment or order issued by the courts in Mexico shall be final, binding, and enforceable against the parties.  The parties agree to comply with and abide by any judgments, orders, or decrees rendered by the courts in Mexico. 

6.1.3 Benefits of Designated Jurisdiction 

1. Clarity and Consistency:  Designating Mexico as the governing law provides clarity and consistency in the interpretation and application of the EULA.  The parties can rely on the established legal framework of Mexico to resolve any disputes or uncertainties. 

1. Efficient Dispute Resolution:  By specifying the exclusive jurisdiction of the courts in Mexico, the parties ensure efficient and timely resolution of disputes.  Legal proceedings can be conducted in a familiar legal environment, reducing complexities and delays. 

1. Predictability:  The parties benefit from the predictability of legal outcomes and enforcement mechanisms under the laws of Mexico.  This promotes confidence and certainty in the rights and obligations established by the EULA. 

6.1.4 Compliance with Legal Requirements 

1. Legal Compliance:  The parties agree to comply with all applicable laws, regulations, and legal requirements of Mexico in relation to this EULA.  This includes any procedural or substantive legal requirements for the enforcement or validity of the EULA.   

1. Regulatory Considerations:  The parties acknowledge that the laws of Mexico may have specific regulations or provisions that impact the interpretation or enforcement of the EULA.  Compliance with these regulations is essential for the validity and enforceability of the EULA. 

1. The laws of Mexico shall govern the rights, obligations, and liabilities of the parties under this EULA, including any disputes or claims that may arise. The parties submit to the exclusive jurisdiction of the courts in Mexico for the resolution of any such disputes, waiving objections to jurisdiction.  

1. This designation provides clarity, consistency, and predictability in the legal framework governing the EULA, ensuring efficient and effective dispute resolution. The parties agree to comply with all applicable laws and regulations of Mexico in relation to the EULA, recognizing the importance of legal compliance for the validity and enforceability of the agreement.  

6.2 INTERNATIONAL USERS 

1. This section emphasizes the importance of international users' compliance with local laws and regulations, as well as their obligation to adhere to export and import regulations. 

6.2.1 Responsibility to Comply with Local Laws 

1. Legal Jurisdiction:  International users accessing and using the App from locations outside the primary jurisdiction must understand and comply with the local laws and regulations governing such use.  The Licensor does not warrant or guarantee that the App complies with the laws of all jurisdictions, and it is the responsibility of the user to ensure lawful use. 

1. User's Due Diligence:  International users are encouraged to conduct their own due diligence regarding the legality of using the App in their respective jurisdictions.  This includes understanding any restrictions, limitations, or prohibitions imposed by local laws on the use of similar software applications. 

1. Usage Restrictions:  Users in jurisdictions where the use of certain technologies or software is restricted or prohibited must refrain from accessing or using the App. The Licensor is not liable for any legal consequences or penalties resulting from the unauthorized use of the App in such jurisdictions. 

6.2.2 Compliance with Export and Import Regulations 

1. Export Controls:  International users acknowledge that the App may be subject to export control laws and regulations of various countries, including the United States.  Users agree to comply with all applicable export control laws, restrictions, and regulations imposed by their respective countries or jurisdictions. 

1. Prohibited Users:  Users located in countries or regions embargoed by the United States or subject to export restrictions are prohibited from accessing or using the App.  This includes users in countries such as Cuba, Iran, North Korea, Syria, and Sudan, among others, as designated by the United States government. 

1. Export Classification:  The App and any related software, technology, or documentation may be classified for export control purposes.  Users agree not to export, re-export, or transfer the App in violation of any applicable export control laws or regulations. 

6.2.3 Restricted Activities for International Users 

1. Prohibited Actions:  International users are prohibited from engaging in any activities that violate local laws, regulations, or restrictions related to the use of the App.  This includes but is not limited to unauthorized access, distribution, or use of the App for illegal or prohibited purposes. 

1. Data Privacy and Security:  Users are responsible for ensuring compliance with data privacy and security laws applicable in their jurisdictions.  This includes safeguarding personal data, ensuring lawful data transfers, and obtaining necessary consents for data processing. 

1. User Representation:  By accessing or using the App from an international location, users represent and warrant that their use complies with all applicable local laws and regulations.  Users further represent that they are not located in a country or region subject to U.S. government sanctions or embargoes. 

6.2.4 Notification of Violations 

1. Reporting of Violations:  International users who become aware of any violations of local laws or regulations related to the use of the App are encouraged to report such violations to the Licensor.  Reporting violations helps maintain the integrity of the App and ensures compliance with legal requirements. 

1. Cooperation with Authorities:  In the event of suspected violations or unlawful activities, the Licensor reserves the right to cooperate with local authorities or regulatory agencies.  This may include providing information or assistance to investigate and address violations of local laws. 

6.2.5 Limitation of Liability 

1. Indemnification:  International users agree to indemnify, defend, and hold harmless the Licensor, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, or expenses arising from their use of the App in violation of local laws.  This indemnification extends to legal fees, costs of defense, and any other expenses incurred by the Licensor as a result of the user's actions. 

1. Disclaimer:  The Licensor disclaims any liability for damages, losses, or penalties incurred by international users as a result of non-compliance with local laws or export regulations.  Users assume full responsibility for their use of the App and any legal consequences arising from such use. 

1. International users must comply with local laws and regulations governing the use of the App in their respective jurisdictions, including export and import regulations. Users are responsible for conducting their own due diligence regarding the legality of using the App, and they agree to comply with all applicable export control laws and restrictions.  

1. Prohibited activities, such as unauthorized access or use of the App for illegal purposes, are strictly forbidden. International users represent and warrant their compliance with local laws and agree to indemnify the Licensor for any violations. The Licensor disclaims liability for damages resulting from non-compliance with local laws or export regulations. Users are encouraged to report any violations and cooperate with authorities as necessary.  

 

7.0 SEVERABILITY 

1. This section ensures that if any part of the EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace such invalid provisions with valid ones to maintain the original intent of the agreement. 

7.1 Partial Invalidity 

1. Legal Interpretation:  In the event that any provision of this EULA is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable.  The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions of this EULA. 

1. Severability Clause:  This EULA includes a severability clause to expressly address the treatment of invalid or unenforceable provisions.  The severability clause ensures that the EULA remains effective and enforceable to the fullest extent permitted by law. 

 

 

7.2 Handling of Invalid Provisions 

1. Replacement of Provisions:  The parties agree that if any provision of this EULA is found to be invalid, illegal, or unenforceable, it shall be replaced with a valid provision that most closely reflects the original intent of the agreement.  This replacement provision shall be enforceable and binding as if it were originally included in the EULA. 

1. Objective of Replacement:  The objective of replacing invalid provisions is to preserve the overall purpose and intent of this EULA.  The parties intend for the EULA to remain effective and enforceable in accordance with its original terms and objectives. 

7.3 Legal Principles 

1. Blue-Pencil Rule:  The principle of the "blue-pencil rule" may be applied to modify or strike out specific terms or provisions of this EULA that are found to be invalid or unenforceable.  The modification aims to maintain the validity and enforceability of the remaining provisions to the extent permitted by law. 

1. Maximum Enforceability:  The parties intend for this EULA to be enforced to the maximum extent permitted by law, taking into account the limitations imposed by any invalid or unenforceable provisions.  Any modifications or replacements shall be made to achieve the greatest enforceability while preserving the original intent. 

7.4 Agreement to Replace Invalid Provisions 

1. Mutual Agreement:  The parties hereby agree to replace any invalid, illegal, or unenforceable provision of this EULA with a valid provision that achieves the intended purpose.  This agreement reflects the parties' mutual understanding and willingness to maintain the effectiveness of the EULA. 

1. Good Faith Efforts:  The parties agree to make good faith efforts to promptly replace any invalid provisions with valid ones.  This includes negotiations, consultations, or legal reviews to ensure the replacement provision aligns with the original intent of the EULA. 

7.5 Effect on Remaining Provisions 

1. Continued Validity:  The invalidity, illegality, or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining provisions.  The remaining provisions shall continue to be valid, enforceable, and binding on the parties as if the invalid provision had not been included. 

1. Preservation of Rights:  The parties retain all rights, remedies, and obligations under this EULA, subject to any modifications made to replace invalid provisions.  The replacement provisions shall be construed to preserve the rights and obligations of the parties as intended in the original agreement. 

1. The parties agree that if any provision of this EULA is found to be invalid, it shall be replaced with a valid provision that maintains the original intent of the agreement. This includes the application of legal principles such as the "blue-pencil rule" to modify or strike out invalid provisions while preserving the overall purpose of the EULA. The parties mutually agree to replace invalid provisions in good faith and with the objective of achieving maximum enforceability.  

1. The remaining provisions of the EULA shall remain valid, enforceable, and binding on the parties, unaffected by any invalidity or unenforceability of specific provisions. Thank you for your understanding and compliance with the terms outlined in the "Severability" section of this EULA. 

 

8.0 INDEMNIFICATION 

1. This section emphasizes the user's responsibility for their actions, conduct, and use of the App, and their agreement to indemnify the Licensor against any legal claims or disputes. 

8.1 User's Agreement to Indemnify 

1. Definition of Indemnification:  "Indemnification" refers to the user's agreement to compensate the Licensor for any losses, damages, or liabilities incurred as a result of the user's actions, conduct, or use of the App.  By accepting this EULA and using the App, the user agrees to indemnify and hold harmless the Licensor from any claims, demands, or legal actions arising from their use of the App. 

1. Scope of Indemnification: The indemnification provided by the user extends to all liabilities, including but not limited to:   

• Claims of third parties for infringement of intellectual property rights. 
• Breach of contract or violation of the EULA terms. 
• Unauthorized use or access to the App. 
• Damage to property or injury to individuals caused by the user's actions. 

8.2 Responsibility for User's Actions 

1. User Conduct: The user acknowledges and agrees that they are solely responsible for their conduct, actions, and use of the App.  This includes compliance with all applicable laws, regulations, and the terms of this EULA. 

1. Lawful Use:  Users agree to use the App only for lawful purposes and in accordance with the terms specified in this EULA.  Any unlawful, unauthorized, or prohibited use of the App is strictly forbidden. 

1. Risk of Use:  The user acknowledges that the use of the App carries certain risks, including the potential for errors, interruptions, or security vulnerabilities.  Users accept these risks and agree that the Licensor is not liable for any damages resulting from such risks. 

8.3 Obligations to the Licensor 

1. Notification of Claims:  In the event that a claim, demand, or legal action is made against the Licensor related to the user's use of the App, the user agrees to promptly notify the Licensor.  This notification allows the Licensor to respond, defend against the claim, and mitigate potential damages. 

1. Cooperation in Defense:  The user agrees to cooperate fully with the Licensor in the defense of any claims, demands, or legal actions.  This includes providing information, documents, or testimony as requested by the Licensor for the defense of the claim. 

1. Defense and Settlement:  The Licensor reserves the right to assume the defense and control of any claim, demand, or legal action for which the user is obligated to indemnify.  The user agrees not to settle any claims without the prior written consent of the Licensor, except as required by law. 

8.4 Limitation of Liability 

1. Exclusion of Damages:  The user acknowledges that the Licensor's liability for damages, losses, or expenses arising from the user's use of the App is limited to the extent permitted by law.  This limitation of liability extends to direct, indirect, incidental, consequential, or punitive damages. 

1. No Consequential Damages:  In no event shall the Licensor be liable for any consequential, special, or punitive damages arising from the user's use of the App, including but not limited to loss of profits, data, or business opportunities. 

8.5 Benefits of Indemnification 

1. Protection of the Licensor:  Indemnification provides the Licensor with protection against legal claims, disputes, or liabilities that may arise from the user's use of the App.  This ensures that the Licensor can continue to provide the App's services without undue risk or exposure to legal consequences. 

1. User Accountability:  Indemnification holds users accountable for their actions, conduct, and use of the App, encouraging responsible and lawful use.  Users are incentivized to comply with the terms of this EULA and to avoid actions that could result in legal liabilities. 

 

 

8.6 Compliance with Legal Requirements 

1. Legal Compliance:  The user agrees to comply with all applicable laws, regulations, and legal requirements related to their use of the App.  This includes but is not limited to data protection laws, intellectual property rights, and export control regulations.   

1. Regulatory Considerations:  Users acknowledge that the App may be subject to specific regulatory requirements in certain jurisdictions.  It is the user's responsibility to ensure compliance with these regulations and to indemnify the Licensor for any violations. 

1. Users acknowledge their responsibility for their actions, conduct, and compliance with the terms of this EULA. The indemnification extends to all liabilities, including third-party claims, breach of contract, and unauthorized use of the App. Users agree to promptly notify the Licensor of any claims and to cooperate in the defense of such claims.  

1. The Licensor reserves the right to assume the defense and control of any claims for which the user is obligated to indemnify. Indemnification provides the Licensor with protection against legal risks and encourages users to use the App responsibly and lawfully. Users agree to comply with all applicable laws, regulations, and legal requirements, and to indemnify the Licensor for any violations.  

 

9.0 DISCLAIMER OF WARRANTIES 

1. This section emphasizes that the Licensor makes no warranties regarding the performance, reliability, or fitness for a particular purpose of the App. Users agree to use the App at their own risk, understanding that the Licensor does not guarantee the accuracy, completeness, or suitability of the App for their needs. 

9.1 NO WARRANTIES 

1. "As Is" Basis: The App is provided to users on an "as is" and "as available" basis. This means that the Licensor does not provide any express or implied warranties regarding the functionality, performance, or availability of the App. 

1. Disclaimer of Representations: The Licensor expressly disclaims all warranties and representations, whether express or implied, including but not limited to: 

• Warranties of merchantability: The App will meet the user's requirements or expectations. 
• Warranties of fitness for a particular purpose: The App will be suitable for any specific use or application. 
• Warranties of non-infringement: The App will not infringe on the intellectual property rights of third parties. 

9.1.1 Acknowledgment of "As Is" Provision 

1. User's Acknowledgment:  By accepting this EULA and using the App, the user acknowledges that the App is provided "as is" without any warranties.  This acknowledgment extends to the user's understanding that the Licensor does not guarantee the accuracy, reliability, or completeness of the App. 

1. Use at Own Risk:  Users agree to use the App at their own risk and discretion.  The Licensor is not responsible for any damages, losses, or liabilities arising from the use or inability to use the App. 

9.1.2 Disclaimer of Performance 

1. Performance Limitations: The Licensor does not warrant or guarantee that the App will operate error-free, uninterrupted, or without delays.  Users acknowledge that the performance of the App may be subject to factors beyond the Licensor's control, such as internet connectivity or device compatibility. 

1. No Guarantees:  The Licensor makes no guarantees regarding the performance, speed, or availability of the App's services.  Users understand that the App may be subject to periodic maintenance, updates, or modifications that may affect its performance. 

9.1.3 Disclaimer of Reliability 

1. Reliability of Services:  The Licensor does not warrant or guarantee the reliability of the App's services or features.  Users acknowledge that the App may be subject to technical issues, bugs, or errors that could impact its reliability. 

1. Service Interruptions:  The Licensor is not liable for any interruptions, disruptions, or unavailability of the App's services.  Users understand that the App may be temporarily unavailable due to maintenance, upgrades, or unforeseen circumstances. 

9.1.4 Disclaimer of Fitness for a Particular Purpose 

1. General Use Only:  The Licensor does not warrant or guarantee that the App is suitable for any specific purpose or application. Users acknowledge that the App is designed for general use and may not meet specific requirements or expectations. 

1. User's Responsibility:  It is the user's responsibility to assess whether the App meets their individual needs or requirements.  The Licensor does not provide any assurances regarding the suitability of the App for a particular use or industry. 

9.1.5 Limitation of Liability 

1. Exclusion of Damages: Users acknowledge that the Licensor's liability for damages, losses, or expenses arising from the use of the App is limited to the extent permitted by law.  This includes direct, indirect, incidental, consequential, or punitive damages. 

1. No Consequential Damages:  In no event shall the Licensor be liable for any consequential, special, or punitive damages arising from the use or inability to use the App.  This includes but is not limited to loss of profits, data, business opportunities, or goodwill. 

9.1.6 Benefits of Disclaimer 

1. Transparency and Clarity:  The disclaimer of warranties provides transparency to users regarding the nature of the App's services and limitations.  Users understand the risks associated with using the App and can make informed decisions. 

1. Risk Allocation:  The disclaimer allocates the risks between the user and the Licensor, with users assuming the risks associated with the use of the App.  This helps protect the Licensor from legal claims or disputes arising from the App's performance or functionality. 

9.1.7 Compliance with Legal Requirements 

1. Legal Compliance:  The disclaimer of warranties ensures compliance with applicable laws and regulations governing the provision of software services.  Users understand their rights and limitations under the EULA and relevant legal frameworks. 

1. Consumer Protection:  Users retain any statutory rights or consumer protections provided by applicable laws.  The disclaimer does not affect users' rights under consumer protection laws that cannot be excluded or limited. 

1. Users acknowledge and agree that the Licensor makes no guarantees regarding the performance, reliability, or fitness for a particular purpose of the App. This disclaimer extends to all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Users agree to use the App at their own risk and discretion, understanding the limitations and potential risks associated with its use. The Licensor disclaims all liability for damages, losses, or liabilities arising from the use or inability to use the App.  

1. This disclaimer of warranties provides transparency, risk allocation, and compliance with legal requirements for the provision of software services. Users retain any statutory rights or consumer protections provided by applicable laws. Thank you for your understanding and compliance with the terms outlined in the "Disclaimer of Warranties" section of this EULA. 

 

 

1. LIMITATION OF LIABILITY 

1. This section emphasizes the exclusion of liability for direct, indirect, incidental, or consequential damages, and the limitation of the Licensor's liability to the maximum extent permitted by law. 

9.2.1 Exclusion of Liability for Damages 

1. Comprehensive Exclusion:  The Licensor, its affiliates, officers, directors, employees, agents, and contractors shall not be liable for any damages, losses, or liabilities arising from the use of the App.  This includes but is not limited to: 

• Direct damages: Losses or damages directly resulting from the use of the App. 
• Indirect damages: Consequential or incidental losses, such as loss of profits, data, or business opportunities. 
• Incidental damages: Unforeseen or unexpected damages arising from the use of the App. 
• Consequential damages: Losses resulting from the consequences of using the App, such as business interruptions or data loss. 

1. Scope of Exclusion:  Users acknowledge that the exclusion of liability applies to all claims, whether based on contract, tort (including negligence), strict liability, or any other legal theory.  The Licensor expressly disclaims any responsibility for damages or losses incurred by users, regardless of the cause. 

9.2.1 Limitation of Liability to the Maximum Extent Permitted by Law 

1. Legal Constraints:  The limitation of liability is subject to the maximum extent permitted by applicable law.  Users acknowledge that certain jurisdictions may not allow the exclusion or limitation of certain types of damages, and in such cases, the limitations may not apply. 

1. Maximum Permissible Limit:  To the extent permitted by law, the total liability of the Licensor, its affiliates, officers, directors, employees, agents, and contractors shall be limited to the amount paid by the user for the use of the App, if any.  In the absence of any payment, the total liability shall be limited to the minimum extent permitted by applicable law. 

9.2.3 User's Acceptance of Risk 

1. Assumption of Risk:  Users acknowledge and accept that the use of the App carries certain inherent risks.  This includes the risk of errors, interruptions, defects, or security vulnerabilities in the App's services. 

1. No Guarantees of Outcome:  The Licensor does not guarantee any specific outcomes or results from the use of the App.  Users understand that the App is a tool and its effectiveness may vary based on individual circumstances. 

9.2.4 Allocation of Risk 

1. Fair Allocation:  The limitation of liability is a fair allocation of risks between the user and the Licensor.  Users understand that the Licensor provides the App "as is" and without any warranties, and the limitation of liability reflects this arrangement. 

1. Avoidance of Disproportionate Liability:  The limitation of liability prevents disproportionate liability on the part of the Licensor for unforeseen or unintended consequences of the App's use.  Users are encouraged to take appropriate precautions and safeguards when using the App. 

9.2.5 Indemnification in Conjunction 

1. Interplay with Indemnification:  The limitation of liability does not affect the user's obligations under the "Indemnification" section of this EULA.  Users remain responsible for indemnifying the Licensor for any liabilities, claims, or damages arising from their use of the App. 

1. Separate Provisions:  The "Limitation of Liability" section operates independently of the "Indemnification" section.  Each provision addresses different aspects of the user's responsibilities and the Licensor's limitations. 

 

9.2.6 No Responsibility for Third-Party Actions 

1. Third-Party Services:  The Licensor is not responsible for any damages or losses resulting from the use of third-party services, plugins, or integrations with the App.  Users are advised to review and understand the terms of third-party services before integrating them with the App. 

1. Third-Party Transactions:  Any transactions, interactions, or agreements with third parties through the App are solely the responsibility of the user.  The Licensor disclaims any liability for disputes, damages, or losses arising from such transactions. 

9.2.7 Compliance with Legal Requirements 

1. Legal Compliance:  The limitation of liability ensures compliance with applicable laws and regulations governing the provision of software services.  Users understand the limitations on the Licensor's liability and their rights under the EULA and relevant legal frameworks. 

1. Consumer Protection:  Users retain any statutory rights or consumer protections provided by applicable laws.  The limitation of liability does not affect users' rights under consumer protection laws that cannot be excluded or limited.   

1. Users acknowledge and accept the exclusion of liability for direct, indirect, incidental, or consequential damages, as well as the limitation of the Licensor's liability to the maximum extent permitted by law. This includes the allocation of risks between the user and the Licensor, with users assuming the risks associated with the use of the App. 

1. The Licensor disclaims all responsibility for damages or losses, and users agree to use the App at their own risk. The limitation of liability ensures compliance with applicable laws and regulations governing software services. Users retain any statutory rights or consumer protections provided by applicable laws.  

 

 

10.0 USER OBLIGATIONS 

1. Users are required to adhere to certain guidelines to ensure the proper use of the App, its functionalities, and to maintain the integrity of the services provided. This section emphasizes the acceptable use policy, the agreement to use the App in a manner consistent with its intended purpose, and the prohibition on unauthorized use, tampering, or misuse of the App. 

10.1 ACCEPTABLE USE 

1. Intended Purpose:  Users agree to use the App solely for its intended purpose as described in the EULA and associated documentation.  The intended purpose includes: 

• Virtual PLC Simulation 
• Intuitive Programming Interface 
• Real-Time Visualization 
• Interactive HMI Design 
• Extensive PLC Support 
• Simulation and Testing 
• Educational Resources 
• Project Management 

1. Lawful Use:  Users agree to use the App in compliance with all applicable laws, regulations, and legal requirements.  This includes but is not limited to laws governing data protection, intellectual property rights, and privacy. 

1. Ethical Standards:  Users agree to uphold ethical standards and principles when using the App.  This includes respecting the rights of others, avoiding harm or damage, and maintaining a professional demeanor. 

 

 

10.1.1 Agreement to Use Consistently 

1. Proper Use: Users agree to use the App in a manner consistent with its intended purpose and the instructions provided by the Licensor.  This includes following any guidelines, best practices, or usage instructions provided in the App or its documentation. 

1. Avoiding Misuse:  Users agree not to misuse or abuse the App's functionalities for malicious, harmful, or illegal purposes.  Misuse includes but is not limited to unauthorized access, hacking, or attempts to disrupt the App's services. 

1. Responsible Use:  Users are responsible for their actions when using the App and are expected to exercise good judgment and discretion.  This includes refraining from actions that could harm the App, other users, or the Licensor's reputation. 

10.1.2 Prohibition on Unauthorized Use 

1. Access Control:  Users agree not to access or attempt to access any part of the App that they are not authorized to use.  This includes attempting to bypass authentication measures, exploit vulnerabilities, or gain unauthorized access to data. 

1. Tampering and Alterations:  Users agree not to tamper with, modify, reverse-engineer, or attempt to decompile the App or any of its components.  Unauthorized alterations to the App's code, structure, or functionalities are strictly prohibited. 

1. Misuse of Features:  Users agree not to misuse or exploit any features or functionalities of the App for purposes other than their intended use.  This includes but is not limited to unauthorized sharing of access credentials, misuse of data, or attempting to manipulate the App's results. 

10.1.3 Compliance with Usage Policies 

1. Terms of Service:  Users agree to abide by the terms of this EULA, as well as any additional terms, policies, or guidelines provided by the Licensor.  The Licensor reserves the right to enforce compliance with these terms and take appropriate action for violations. 

1. Reporting Violations:  Users are encouraged to report any suspected violations of the EULA or misuse of the App's services to the Licensor. Reporting violations helps maintain a safe and secure environment for all users. 

10.1.4 Protection of Intellectual Property 

1. Respect for IP Rights: Users agree to respect the intellectual property rights of the Licensor and third parties.  This includes refraining from infringing on copyrights, trademarks, patents, or other proprietary rights. 

1. Prohibition on Unauthorized Content:  Users agree not to upload, share, or distribute any content that infringes on the intellectual property rights of others.  The App should not be used to transmit or distribute unauthorized or illegal content. 

10.1.5 Maintenance of Security 

1. Account Security:  Users are responsible for maintaining the security of their accounts and access credentials.  This includes keeping passwords confidential, using secure authentication methods, and logging out of shared or public devices. 

1. Data Protection:  Users agree to protect the confidentiality and integrity of any data or information accessed or stored through the App.  This includes following best practices for data security, encryption, and access controls. 

10.1.6 Ethical Conduct 

1. Professionalism:  Users agree to conduct themselves in a professional and respectful manner when interacting with others through the App.  Harassment, discrimination, or any form of offensive behavior is strictly prohibited. 

1. Compliance with Community Guidelines: Users agree to comply with any community guidelines or codes of conduct established by the Licensor for the App.  These guidelines promote a positive and collaborative environment for all users. 

1. Users agree to adhere to the acceptable use policy, use the App in a manner consistent with its intended purpose, and refrain from unauthorized use, tampering, or misuse of the App. This includes compliance with all applicable laws, regulations, and legal requirements governing the use of software services.  

1. Users are responsible for maintaining the security of their accounts and data, respecting intellectual property rights, and conducting themselves ethically and professionally. The Licensor reserves the right to enforce compliance with these obligations and take appropriate action for violations.  

10.2 COMPLIANCE WITH LAWS 

1. By accepting this EULA and using the App, users agree to comply with legal requirements, ensuring lawful use and understanding the consequences of unlawful actions. This section aims to create a safe, ethical, and legally compliant environment for all users of the App. 

10.2.1 Agreement to Comply 

1. General Compliance:  Users agree to comply with all local, state, national, and international laws and regulations that apply to the use of the App.  This includes but is not limited to laws governing data protection, privacy, intellectual property, and online conduct. 

1. Third-Party Rights:  Users agree to respect the rights of third parties, including intellectual property rights, privacy rights, and contractual rights.  The App should not be used to infringe on the rights of others or engage in activities that violate third-party agreements. 

10.2.2 Responsibility for Lawful Use 

1. Lawful Conduct:  Users are responsible for ensuring that their use of the App is lawful and compliant with all relevant laws.  This includes using the App for its intended purpose and refraining from activities that are illegal or prohibited. 

1. Ethical Use:  Users agree to use the App in an ethical and responsible manner, considering the impact of their actions on others.  Ethical use includes respecting the rights, privacy, and dignity of other individuals or entities. 

10.2.3 Consequences of Unlawful Actions 

1. Legal Accountability:  Users acknowledge that they are solely responsible for any unlawful actions or violations of the law committed while using the App.  The Licensor shall not be held liable for any legal consequences resulting from the user's actions. 

1. Indemnification:  Users agree to indemnify and hold harmless the Licensor, its affiliates, officers, directors, employees, agents, and contractors from any claims, damages, or liabilities arising from their unlawful use of the App.  This includes legal fees, settlements, or fines resulting from legal proceedings. 

10.2.4 Protection of Data and Privacy 

1. Data Protection Laws:  Users agree to comply with all applicable data protection laws and regulations when using the App.  This includes obtaining any necessary consents from individuals for the collection, processing, or sharing of their personal data. 

1. Privacy Settings:  Users are responsible for configuring their privacy settings within the App to align with their preferences and legal requirements.  The Licensor provides tools and features to assist users in managing their data privacy. 

10.2.5 Compliance with Industry Standards 

1. Industry-Specific Regulations:  Users in specific industries or sectors agree to comply with industry-specific regulations or standards when using the App.  This includes but is not limited to financial regulations, healthcare laws, or security standards. 

1. Certifications and Compliance:  Users responsible for maintaining certifications or compliance with industry regulations ensure that their use of the App meets these requirements.  The Licensor may provide documentation or support to assist users in demonstrating compliance. 

10.2.6 Reporting Violations 

1. Ethical Obligation:  Users are encouraged to report any suspected violations of laws, regulations, or third-party rights related to the App.  Reporting violations helps maintain a safe, secure, and legally compliant environment for all users. 

1. Contact Information:  The Licensor provides contact information for reporting violations or seeking clarification on legal matters related to the App.  Users can reach out to designated channels for assistance with compliance issues. 

10.2.7 Educational Resources 

1. Legal Guidance:  The Licensor may provide educational resources, guidelines, or documentation to assist users in understanding their legal obligations.  These resources aim to promote awareness of legal requirements and best practices for using the App. 

1. Training Materials:  Users may have access to training materials or courses related to legal compliance when using the App.  Training programs help users stay informed about changes in laws or regulations that may affect their use of the App. 

1. Users are responsible for ensuring lawful conduct, ethical use, and respect for the rights of others. This includes compliance with data protection laws, industry-specific regulations, and any legal requirements relevant to the use of the App. Users acknowledge that they are solely responsible for any unlawful actions or violations committed while using the App and agree to indemnify the Licensor for any resulting claims or liabilities.  

1. The Licensor encourages users to report violations and provides resources to assist with legal compliance. By accepting this EULA, users commit to creating a safe, secure, and legally compliant environment for themselves and others when using the App.  

 

11.0 INTELLECTUAL PROPERTY RIGHTS 

1. Users acknowledge and agree that all intellectual property rights related to the App, including but not limited to trademarks, copyrights, patents, and trade secrets, are the sole property of the Licensor. This section also addresses the Licensor's rights to user-generated content within the App, including the use, modification, or removal of such content. 

11.1 OWNERSHIP OF THE APP 

1. Exclusive Rights:  Users acknowledge and agree that the Licensor owns all rights, title, and interest in and to the App.  This includes all intellectual property rights, such as trademarks, copyrights, patents, and trade secrets. 

1. Protection of Intellectual Property:  The App is protected by copyright laws, international treaties, and other intellectual property laws.  Users agree to respect and not infringe upon the Licensor's intellectual property rights in the App. 

1. No Transfer of Ownership:  This EULA does not transfer any ownership rights of the App to the user.  Users are granted a limited, non-exclusive, non-transferable license to use the App as outlined in this agreement. 

11.1.1 Protection of Trademarks, Copyrights, and Proprietary Rights 

1. Trademark Protection:  Any trademarks, service marks, logos, or branding associated with the App are the exclusive property of the Licensor. Users agree not to use, reproduce, or modify these trademarks without the Licensor's express written consent. 

1. Copyright Protection:  The content, design, layout, and graphics of the App are protected by copyright laws.  Users agree not to copy, reproduce, distribute, or create derivative works based on the App without authorization. 

1. Trade Secrets and Confidential Information:  The App may contain trade secrets or confidential information owned by the Licensor.  Users agree to keep such information confidential and not disclose it to third parties without authorization. 

11.2 USER CONTENT 

1. "User Content" refers to any content, materials, or information provided, uploaded, or generated by users within the App. This includes but is not limited to text, images, videos, audio files, and any other data submitted by users. 

1. Licensor's Rights to User Content:  Users grant the Licensor a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute user-generated content within the App.  This license allows the Licensor to display user content, provide services, and improve the App's functionality. 

1. Purpose of Use:  The Licensor may use user-generated content for purposes such as: 

• Displaying content within the App. 

• Enhancing user experience and engagement. 
• Developing new features or services. 
• Promoting the App through marketing materials or advertisements. 
• Use, Modification, or Removal of User Content by the Licensor: 

1. Content Moderation:  The Licensor reserves the right to monitor, review, and moderate user-generated content within the App.  This includes removing or modifying content that violates this EULA, infringes on third-party rights, or is deemed inappropriate. 

1. User Content Guidelines:  Users are responsible for ensuring that their content complies with the terms of this EULA.  The Licensor may provide guidelines or policies for acceptable user content, which users are expected to follow. 

1. Removal of Content:  The Licensor may, at its sole discretion, remove or disable access to user-generated content that violates this EULA.  Users may not have the right to access or retrieve removed content once it has been deleted or disabled. 

11.2.1 User's Responsibilities for Content 

1. Ownership and Rights:  Users retain ownership of the intellectual property rights to their user-generated content.  By submitting content to the App, users represent and warrant that they have the right to do so and grant the Licensor the necessary license. 

1. Indemnification for User Content:  Users agree to indemnify and hold harmless the Licensor from any claims, damages, or liabilities arising from their user-generated content.  This includes claims of infringement, violation of privacy rights, or defamation related to user content. 

 

11.2.3 Licensor's Discretion 

1. Content Removal: The Licensor reserves the right to remove, edit, or disable access to user-generated content at any time and for any reason. This may include content that violates this EULA, infringes on third-party rights, or is deemed inappropriate. 

1. No Obligation to Monitor:  The Licensor is not obligated to monitor user-generated content but may choose to do so at its discretion.  Users acknowledge that the Licensor does not endorse, support, or guarantee the accuracy or quality of user content. 

1. Users acknowledge and agree that all intellectual property rights related to the App, including trademarks, copyrights, and trade secrets, belong to the Licensor. This section also addresses the Licensor's rights to user-generated content within the App, granting a license to use, modify, or distribute such content for App-related purposes.  

1. Users retain ownership of their user content but grant the Licensor the necessary rights to display, enhance, or improve the App's services. The Licensor reserves the right to moderate, remove, or edit user content that violates this EULA or infringes on third-party rights. By accepting this EULA and using the App, users agree to abide by these intellectual property rights and guidelines for user-generated content.  

 

12. CONTACT INFORMATION 

1. This section aims to ensure that users have access to assistance and guidance when needed, fostering a positive user experience. 

Questions and Support: 

1. Contact Channels:  Users can reach the Licensor for questions, concerns, or support through the following channels: 

Email: [email protected] 

Phone: +52 55 4903 8289

Mailing Address: PLC Academy - Address: Código Postal:54766
Calle: PRIMAVERA 1 Número Exterior: MZ 53 LT 23
Colonia: BOSQUES DEL LAGO
Localidad o Municipio: CUAUTITLAN IZCALLI
Estado: ESTADO DE MÉXICO. 

1. Customer Support Hours:  The Licensor's customer support team is available during the following hours: 

Monday to Friday: 9:00 AM to 5:00 PM (Local Time) 

Excluding weekends and public holidays 

1. Support Tickets:  Users may also submit support tickets or inquiries through the App's designated support portal.  The support portal provides a convenient way to track and manage user requests. 

1. Technical Assistance:  For technical issues or troubleshooting assistance, users can refer to the App's online documentation or knowledge base.  The knowledge base contains helpful articles, guides, and FAQs to address common queries. 

 

Effective Date 

1. Establishment of Effective Date:  This End User License Agreement (EULA) is effective as of 28th February, 2024.  The Effective Date marks the commencement of the user's agreement to the terms and conditions outlined in this EULA. 

1. Revision of Terms:  The Licensor reserves the right to update, modify, or revise this EULA at any time.  Users will be notified of any changes to the EULA through the App or other designated communication channels. 

1. Acceptance of Updated Terms:  Continued use of the App after the Effective Date of any revised EULA constitutes acceptance of the updated terms.  Users are encouraged to review the EULA periodically for any changes or updates. 

1. Notification of Changes:  The Licensor may notify users of changes to the EULA through email, in-app notifications, or announcements on the App's website.  It is the user's responsibility to stay informed about any modifications to the EULA. 

User Acknowledgment 

1. Understanding and Agreement:  By using the App, users acknowledge that they have read, understood, and agreed to the terms of this EULA.  This includes the provisions related to the Contact Information and Effective Date sections. 

1. Contact Preferences:  Users may specify their contact preferences, such as opting in or out of email notifications or newsletters from the Licensor.  The Licensor respects user privacy and preferences regarding communication. 

1. Users can reach out through email, phone, or mailing address, as well as submit support tickets through the App's designated portal. The Licensor's customer support team is available during specified hours to assist users with inquiries or technical issues. 

1. Users are advised to review the EULA periodically for any updates or modifications. Continued use of the App after the Effective Date of revised terms constitutes acceptance of the updated agreement. The Licensor may notify users of changes through various channels, and users have the option to specify their contact preferences. 

 

 

If you have any questions or require assistance, please do not hesitate to reach out to us using the provided contact details. 

 

Updated: 27-02-2024