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| HILSCHER netFIELD Source Code/Software LICENSE AGREEMENT | ||
|
|
||
| This document is a legally valid contract between you and Hilscher Gesellschaft für Systemautomation mbH (“Hilscher”). Please read | ||
| through this License Agreement carefully before installing and using the software. By installing the software and using it, whether in | ||
| whole or in part, you accept all of the provisions of this Agreement. If you decline to accept these terms and conditions, please do not | ||
| install or use the software. | ||
|
|
||
| The software is not free. | ||
|
|
||
| Next to Hilscher software components the software may include and use also components released as Open Source software licensed | ||
| under Open Source licenses such as listed here https://opensource.org/licenses. For those Open Source software components the | ||
| license terms of this license do NOT apply. Instead the concrete licensing information are made available by Hilscher to the user as a | ||
| separate information in either textual form or as link. | ||
|
|
||
| Redistribution and use in source and binary forms of the software, with or without modification, are permitted provided that the following | ||
| conditions are met: | ||
|
|
||
| A. The copyright notice: Copyright © 2021 Hilscher Gesellschaft für Systemautomation mbH must be included in all copies or substantial | ||
| portions of the Software. | ||
|
|
||
| B. Redistributions must reproduce the following disclaimer: | ||
|
|
||
| NO WARRANTY | ||
| EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, | ||
| WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, | ||
| ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR | ||
| PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and | ||
| assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program | ||
| errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of | ||
| operations. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" | ||
| BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. | ||
|
|
||
| DISCLAIMER OF LIABILITY | ||
| EXCEPT AS EXPRESSLY SET FORTH IN LICENSE AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL | ||
| HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES | ||
| (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | ||
| CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE | ||
| OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF | ||
| THE POSSIBILITY OF SUCH DAMAGES. | ||
|
|
||
| C. The software may only be used / modified / an distributed if you have | ||
| * purchased the software from Hilscher by direct purchase or | ||
| * purchased indirectly by purchasing a product Hilscher Product that includes the software or | ||
| * Hilscher has explicitly agreed /approved the use of the software in writing or | ||
| * Hilscher is making the software publicly available via electronic communication services, such as any internet platform. | ||
|
|
||
| D. In case of indirect purchase of the software through a Hilscher product (where the software was included), it is not allowed to use the | ||
| software commercially or transfer it to any other than the purchased product. Under no circumstances, you are entitled to publicly | ||
| reproduce it or make it accessible to others. | ||
|
|
||
| II. Copyright | ||
|
|
||
| Marked parts of this software program are protected under German and international copyright law as well as under international laws | ||
| and regulations governing commerce and the protection of intellectual property. Hilscher retains all ownership rights thereto, including | ||
| all intellectual property rights. | ||
|
|
||
| III. Termination | ||
|
|
||
| The provisions hereof governing licensing shall continue in force until this Agreement is terminated. You may terminate this Agreement | ||
| at any time by destroying all copies of the Software. Hilscher will automatically terminate your license without further notice if you violate | ||
| the provisions or conditions of this License Agreement. In such a case, you are obligated to destroy all copies of this Software and all | ||
| parts and components, irrespective of the form thereof. | ||
|
|
||
| IV. Warranty | ||
|
|
||
| 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’s warranty extends, at its own option, to subsequent performance or to reimbursement of the purchase price. A defect is also | ||
| deemed to have been remedied if Hilscher notifies you of reasonable ways to avoid the effects of the defect in question. Nothing herein | ||
| shall affect the rights of the Parties to rescind this Agreement or reduce the payment owed hereunder; these rights must be asserted by | ||
| way of written notice. If Hilscher performs services during troubleshooting or remediation of errors without being obligated to do so, | ||
| Hilscher is entitled to demand remuneration for such services in accordance with the customary fees. This applies in particular if the | ||
| presence of a defect cannot be proven or if the defect is not attributable to Hilscher. | ||
|
|
||
| With the exception of the abovementioned limited warranty with regard to a licensed full version of the Software, Hilscher disclaims any | ||
| and all other warranties, whether express, implied, or of any other nature. Likewise, Hilscher makes no warranty that it will not assign | ||
| rights to another party or any warranty regarding the ownership rights to the Software, or that the Software is free of interventions by | ||
| third parties. | ||
| 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. | ||
|
|
||
| IV. Disclaimer | ||
|
|
||
| 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 IoT Gateway Produkt application | ||
| thereof, or for the results of work produced when the Software is used by the user. | ||
|
|
||
| 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. | ||
|
|
||
| In all cases of contractual or non-contractual liability, Hilscher shall pay damages only within the following limits: | ||
|
|
||
| a) In the case of wrongful intent, Hilscher shall pay damages in the full amount. In the case of gross negligence, Hilscher is liable only if | ||
| and insofar as the damage or loss in question is foreseeable and typically occurs in such situations and the obligation that has been | ||
| violated should have prevented it. Hilscher disclaims all liability for gross fault on the part of its agents in performance of its contractual | ||
| representative or vicarious agents vis-à-vis commercial business entities if the present Agreement pertains to such entities’ commercial | ||
| business operations, unless the fault lies with executive representatives in performance of Hilscher or primary contractual obligations | ||
| have been violated. Hilscher is likewise liable in the event that the Software does not display a characteristic quality warranted by | ||
| Hilscher. | ||
|
|
||
| b) Hilscher is liable for ordinary negligence only if and insofar as compliance with the obligation that has been violated is especially | ||
| important to achieving the purpose of this Agreement (cardinal obligation). In the event of violation of a cardinal obligation, Hilscher’s | ||
| liability is limited to the damage or losses that can typically be expected to occur in the context of provision of software. | ||
|
|
||
| c) Liability for data loss is limited to the typical costs of restoration thereof that would be incurred if backup copies were made regularly | ||
| and in accordance with the level of risk in question. | ||
|
|
||
| d) Nothing herein shall affect the liability of Hilscher for personal injury or its liability pursuant to the Produkthaftungsgesetz (Product | ||
| Liability Act of the Federal Republic of Germany). | ||
|
|
||
| V. Miscellaneous Provisions | ||
|
|
||
| Should it transpire that any part of this Agreement is invalid, unlawful, or unenforceable, such circumstance shall not affect the validity | ||
| and enforceability of the remainder hereof. If you have any questions regarding this License Agreement, please contact Hilscher. | ||
| HILSCHER netFIELD Source Code/Software LICENSE AGREEMENT | ||
| This document is a legally valid contract between you and Hilscher Gesellschaft für Systemautomation mbH (“Hilscher”). Please read | ||
| through this License Agreement carefully before installing and using the software. By installing the software and using it, whether in | ||
| whole or in part, you accept all of the provisions of this Agreement. If you decline to accept these terms and conditions, please do not | ||
| install or use the software. | ||
| The software is not free. | ||
| Next to Hilscher software components the software may include and use also components released as Open Source software licensed | ||
| under Open Source licenses such as listed here https://opensource.org/licenses. For those Open Source software components the | ||
| license terms of this license do NOT apply. Instead the concrete licensing information are made available by Hilscher to the user as a | ||
| separate information in either textual form or as link. | ||
| Redistribution and use in source and binary forms of the software, with or without modification, are permitted provided that the following | ||
| conditions are met: | ||
| A. The copyright notice: Copyright © 2021 Hilscher Gesellschaft für Systemautomation mbH must be included in all copies or substantial | ||
| portions of the Software. | ||
| B. Redistributions must reproduce the following disclaimer: | ||
| NO WARRANTY | ||
| EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, | ||
| WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, | ||
| ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR | ||
| PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and | ||
| assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program | ||
| errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of | ||
| operations. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" | ||
| BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. | ||
| DISCLAIMER OF LIABILITY | ||
| EXCEPT AS EXPRESSLY SET FORTH IN LICENSE AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL | ||
| HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES | ||
| (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | ||
| CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE | ||
| OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF | ||
| THE POSSIBILITY OF SUCH DAMAGES. | ||
| C. The software may only be used / modified / an distributed if you have | ||
| * purchased the software from Hilscher by direct purchase or | ||
| * purchased indirectly by purchasing a product Hilscher Product that includes the software or | ||
| * Hilscher has explicitly agreed /approved the use of the software in writing or | ||
| * Hilscher is making the software publicly available via electronic communication services, such as any internet platform. | ||
| D. In case of indirect purchase of the software through a Hilscher product (where the software was included), it is not allowed to use the | ||
| software commercially or transfer it to any other than the purchased product. Under no circumstances, you are entitled to publicly | ||
| reproduce it or make it accessible to others. | ||
| II. Copyright | ||
| Marked parts of this software program are protected under German and international copyright law as well as under international laws | ||
| and regulations governing commerce and the protection of intellectual property. Hilscher retains all ownership rights thereto, including | ||
| all intellectual property rights. | ||
| III. Termination | ||
| The provisions hereof governing licensing shall continue in force until this Agreement is terminated. You may terminate this Agreement | ||
| at any time by destroying all copies of the Software. Hilscher will automatically terminate your license without further notice if you violate | ||
| the provisions or conditions of this License Agreement. In such a case, you are obligated to destroy all copies of this Software and all | ||
| parts and components, irrespective of the form thereof. | ||
| IV. Warranty | ||
| 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’s warranty extends, at its own option, to subsequent performance or to reimbursement of the purchase price. A defect is also | ||
| deemed to have been remedied if Hilscher notifies you of reasonable ways to avoid the effects of the defect in question. Nothing herein | ||
| shall affect the rights of the Parties to rescind this Agreement or reduce the payment owed hereunder; these rights must be asserted by | ||
| way of written notice. If Hilscher performs services during troubleshooting or remediation of errors without being obligated to do so, | ||
| Hilscher is entitled to demand remuneration for such services in accordance with the customary fees. This applies in particular if the | ||
| presence of a defect cannot be proven or if the defect is not attributable to Hilscher. | ||
| With the exception of the abovementioned limited warranty with regard to a licensed full version of the Software, Hilscher disclaims any | ||
| and all other warranties, whether express, implied, or of any other nature. Likewise, Hilscher makes no warranty that it will not assign | ||
| rights to another party or any warranty regarding the ownership rights to the Software, or that the Software is free of interventions by | ||
| third parties. | ||
| 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. | ||
| IV. Disclaimer | ||
| 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 IoT Gateway Produkt application | ||
| thereof, or for the results of work produced when the Software is used by the user. | ||
| 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. | ||
| In all cases of contractual or non-contractual liability, Hilscher shall pay damages only within the following limits: | ||
| a) In the case of wrongful intent, Hilscher shall pay damages in the full amount. In the case of gross negligence, Hilscher is liable only if | ||
| and insofar as the damage or loss in question is foreseeable and typically occurs in such situations and the obligation that has been | ||
| violated should have prevented it. Hilscher disclaims all liability for gross fault on the part of its agents in performance of its contractual | ||
| representative or vicarious agents vis-à-vis commercial business entities if the present Agreement pertains to such entities’ commercial | ||
| business operations, unless the fault lies with executive representatives in performance of Hilscher or primary contractual obligations | ||
| have been violated. Hilscher is likewise liable in the event that the Software does not display a characteristic quality warranted by | ||
| Hilscher. | ||
| b) Hilscher is liable for ordinary negligence only if and insofar as compliance with the obligation that has been violated is especially | ||
| important to achieving the purpose of this Agreement (cardinal obligation). In the event of violation of a cardinal obligation, Hilscher’s | ||
| liability is limited to the damage or losses that can typically be expected to occur in the context of provision of software. | ||
| c) Liability for data loss is limited to the typical costs of restoration thereof that would be incurred if backup copies were made regularly | ||
| and in accordance with the level of risk in question. | ||
| d) Nothing herein shall affect the liability of Hilscher for personal injury or its liability pursuant to the Produkthaftungsgesetz (Product | ||
| Liability Act of the Federal Republic of Germany). | ||
| V. Miscellaneous Provisions | ||
| Should it transpire that any part of this Agreement is invalid, unlawful, or unenforceable, such circumstance shall not affect the validity | ||
| and enforceability of the remainder hereof. If you have any questions regarding this License Agreement, please contact Hilscher. |
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