In this way, the user can use the functions as specified in the data sheet of the Software. Different license models grant different usage rights.
Demo: The user can order a simple and non-transferable demo license to the supplied Software, depending on availability. Full: The provided Software is protected by license and requires a fee. The user acquires an unrestricted, simple, and non-transferable license to use the supplied Software with no restrictions. Time license: Alternatively, a time-limited license is offered to the user, with which the user acquires a simple, non-transferable license to use the delivered software for an agreed, contiguous period.
It is not permitted to edit, modify, disassemble or decompile the Software or to use other processes of reverse engineering to by-pass the licensing mechanism, or to have these processes performed by third parties, insofar as this is not absolutely required for exploiting the rights that result from licenses in all events for open source components.
The Software can be components that are licensed as open source software. For these components, the contents of the respective open source licenses apply, as also stored in the Software.
The list of components with the terms and conditions of license are available for reading before purchase and are also included in the Software. The licensee receives a simple rights of use from the respective right holders for using the open source software under the conditions as provided for it by the respective valid license terms.
The provided license terms apply to only the components that are not licensed as open source software. All rights regarding the usage and exploitation of the software and Software remain reserved to 3S. The manufacturer warrants that the installed Software will substantially conform to its documentation or data sheet. The following restrictions shall apply. In particular, there is no warranty that the Software fulfills the specific requirements of the user, serves his specific purpose and works together with all the other programs selected by the user, in so far as interfaces to these programs have not been agreed upon in writing.
It is deemed to be agreed and the user recognizes and accepts that, according to the current state of knowledge and technology, it is not possible to create software in such a way that it works without errors or faults under all application conditions.
A deviation from the agreed properties of the Software can only be considered significant if normal operation is substantially disrupted. If a disruption occurs under exceptional circumstances, this cannot be considered as a deviation from the agreed properties of the Software. The user bears sole responsibility for the selection, installation and use of the Software, as well as for the intended results thereof. The manufacturer does not provide a warranty for errors or defects that are caused by or result from the following circumstances:.
A special guarantee which could result in additional rights is not provided. Any defects with regard to the supplied Software including defects with regard to the program description and any other documents provided along with the Software , will be rectified by the manufacturer within an appropriate period of time.
The liability and warranty conditions of the open source licenses are valid between the user and the open source right holders. The Software can be used for numerous applications.
A deviation from the agreed properties of the Software can only be considered significant if normal operation is substantially disrupted. If a disruption occurs under exceptional circumstances, this cannot be considered as a deviation from the agreed properties of the Software. The user bears sole responsibility for the selection, installation and use of the Software, as well as for the intended results thereof. The manufacturer does not provide a warranty for errors or defects that are caused by or result from the following circumstances:.
A special guarantee which could result in additional rights is not provided. Any defects with regard to the supplied Software including defects with regard to the program description and any other documents provided along with the Software , will be rectified by the manufacturer within an appropriate period of time.
The liability and warranty conditions of the open source licenses are valid between the user and the open source right holders. The Software can be used for numerous applications. The user shall decide independently whether or not it is also appropriate for the actual intended application. After installation, the user is responsible for the Software functioning according to its specifications. The manufacturer is liable for intentional acts and gross negligence.
The manufacturer shall be liable for slight negligence only if this involves the breach of a major obligation deemed essential for the purpose of the contract cardinal obligation and the fulfillment of which the customer may regularly rely upon or for damages resulting from injury to life body or health.
The manufacturer is obliged to act with due diligence. Upon the determination of whether the manufacturer has culpability, it is to be considered that, as a matter of fact, it is not possible to provide software on an error-free basis. For events of slight negligence, total liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected; however, the maximum of such liability arising from the contractual relationship is limited to a total of EURO , The manufacturer shall not be liable for other damages, consequential damages, or lost profits.
The preceding provisions also apply in favour of any vicarious agent of the manufacturer. Liability under product liability law remains unaffected.
Before commissioning the device and an application written with the CODESYS Development System, the user is obligated to perform sufficient tests in a safe environment. For non-time limited software this Agreement may be terminated at any time by uninstalling from the device the described Software from the manufacturer and destroying all copies thereof. If the software is limited in time subscription or subscription , the user agreement ends with the termination of the subscription or subscription on the expiry date of the agreed period of use.
The termination of the time limited use can take place at any time, but must take place at the latest one month before the end of the expiration of the temporal limitation, in order to still be effective at the end of the current subscription period. If this does not take place or is done too late, the period of use is automatically extended by the period of the time limit agreed in the data sheet. After the end of the period of use, the functions of the software are no longer available or are only available to a very limited extent.
The place of performance and the court of jurisdiction for all disputes arising from or in connection with this agreement is Kempten Germany.
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