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License Agreement for the use of a CODESYS Example

 

General terms and conditions for the provision of this sample software file (hereinafter referred to as “sample file”). Please read the sample license agreement carefully before using the supplied sample file. By downloading or installing the sample file, you accept the terms of this license agreement. The following sample license agreement applies between you - hereinafter referred to as the “user” - and the company CODESYS GmbH - hereinafter referred to as the “provider”. By agreeing to this license agreement, you acquire permission to use the CODESYS sample file from the CODESYS Help Portal (https://helpme-codesys.com/). If you do not agree to the following license agreements, you as the user are not permitted to save and/or install the sample file. If you have already installed the sample file although you do not agree to the license agreement, delete or uninstall the sample file immediately.

  1. Subject of the License Agreement

    2. The subjects of the license agreement are the CODESYS Examples, you can obtain from the CODESYS Help Portal.

  2. Geographic Restriction

    3. None

  3. Usage rights

    4. The CODESYS sample file is a free and unencumbered example that is published in the public domain. The provides places no restrictions on the use of the sample file. In particular, this allows the user to copy, modify, publish, use, compile, sell or distribute the sample file, either in source code form or as a compiled binary, for any purpose, commercially or non-commercially by any means. In jurisdictions that recognize copyright laws, the provider dedicates all copyright claims that may accrue to the sample file to the public. These rights are dedicated for the benefit of the public and to the detriment of our successors and heirs. This dedication shall be deemed an overt act of waiver of all present and future rights in this sample file under copyright law.

  4. Warranty

    5. The sample file is not a product. The CODESYS sample file is not made available to the user as a reference implementation, bur it merely intended to illustrate an example of use which is intended to show the user possible applications of the CODESYS Software. The user confirms and expressly agrees that the use of the sample file is at his own risk and that he bears the entire risk with regard to satisfactory quality, performance, accuracy and effort. The sample file may contain software, service and other errors. To the maximum extent permitted by applicable law, the sample file is provided “as is” and “as available” with all faults and without warranty of any kind. The provider hereby disclaims all warranties and conditions with regard to the sample file, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. The provider makes no warranty that uninterrupted possession of the sample file will not be impaired, that the functions of the sample file will meet the user’s requirements, or that the operation of the sample file will be uninterrupted or error-free. The verbal or written information or statements of the provider do not constitute a warranty.

  5. Liability

    6. The liability of the CODESYS GmbH for damages culpably caused by the use of the sample file is excluded if the damages were not caused intentionally or by gross negligence; this does not apply in the event of injury to life, limb or health or the culpable breach of material contractual obligations. Furthermore, the provider shall not be liable for the loss of or damage to any recording or data, or damages incurred by the user as a result of claims asserted by third parties. The user confirms to fully indemnify the provider as well as the employees and representatives against all liability claims, legal costs, claims for damages, losses, costs and other expenses in relation to any claims or actions against the CODESYS GmbH which arise as a result of the incorrect use of the sample file.

  6. Applicable Law

    7. These terms of use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction for all disputes arising from and in connection with this agreement is Kempten (Allgäu). Each party ma also be sued at its general place of jurisdiction.

  7. Severability Clausel

    8. Should a provision of this contract be or become invalid, or should the contract contain a loophole, the validity of the remaining provisions shall not be affected. In place of the invalid provision or to fill the gap, a provision shall apply which, as far as legally possible, comes closest to what the contracting parties intended or would have intended had the considered the point.