COPYING.Hilscher-SLA

HILSCHER SOFTWARE LICENSE AGREEMENT

1. Copyright
This software program (the “Software”) is protected under German and
international copyright law as well as under international laws and regulations
governing commerce and the protection of intellectual property. The Software is
provided under a license and is not available for sale. Hilscher retains all
ownership rights thereto, including all intellectual property rights. You are
granted a non-exclusive license. The images, photographs, and text of the
printed materials accompanying it (user manual, accompanying text,
documentation, etc.) are protected under copyright and are the property of
Hilscher.

Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so.

2. Disclaimer
Using the Software for military purposes, or utilizing it in applications or
systems in which potential Software malfunctions might, as far as it is humanly
possible to determine, cause or entail bodily injury or injuries leading to
death, is prohibited. If you use the Software in such an environment, you do so
at your own risk. The Software is not designed, intended, or licensed for use in
dangerous environments that demand fail-safe control mechanisms. Use of the
Software is strictly prohibited in the fields of design, construction,
maintenance, or operation of nuclear facilities and of air traffic control or
air communications systems, as well as the field of life support or weapons
systems. Hilscher disclaims any and all liability for damage or losses resulting
from such use of the Software in violation of this provision.

3. Warranty / Liability
The Software was produced and tested by Hilscher with care and is provided to
you purely as is. Hilscher cannot make any warranty that the Software is
functional or free of errors with regard to all conditions and cases arising in
the application thereof, or for the results of work produced when the Software
is used by the user. Hilscher cannot guarantee that the Software will meet your
requirements, that you will enjoy uninterrupted use thereof, or that the
Software is free of errors and defects.

Hilscher makes no further representations or warranties and grants no further
provisions or conditions (whether express or implied, arising from a business
relationship or customary practice, or derived from statutory, common-law, or
other laws and regulations) with regard to the Software’s merchantability,
freedom from defects in title, suitability for integration or usability for
particular purposes, unless such representations, warranties, and/or provisions
are stipulated under applicable law and cannot be restricted.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 

In all cases of contractual or non-contractual liability, Hilscher shall pay
damages only within the following limits:

a)  The liability of the rights holder is limited to intent and gross negligence
(§ 521 German Civil Code).

b)  If the law provides for a warranty of the licensor in case of malicious
concealment of defects, the statutory provisions shall apply
(523, 524 German Civil Code).