License Agreement for
the Usage of the supplied
Software Package “English/Russian keyboard dialog”
General Terms of License for the supplied Software Package
(Software User Agreement)
Please
read this Software User Agreement carefully before using the supplied software.
You have purchased the following software package in
CODESYS Store.
The
CODESYS Software Package placed at your disposal is protected by license.
Only software that is identified as „Free“ in the CODESYS
Store is not subject to any license protection.
The
following Software User Agreement is entered into by and between you as the
software user and the company PC Prolog. By installing the Software Package you
agree to be bound by the terms of this License Agreement.
If
you do not agree to the terms of this License Agreement uninstall the Software
Package immediately.
§ 1 Object of the License
Agreement
The object of this License Agreement is the supplied Software
Package “English/Russian keyboard dialog” which must be installed in addition
to CODESYS.
The Software Package functionality is installed on the
development PC after the installation of the CODESYS Development System and is
seamlessly integrated into the development system. The Software is supplied in
form of a Package. Every workstation the Software Package is to be installed on
requires a valid workstation license.
The required license information is stored on a dongle
(CODESYS Security Key). The Software Package can only be used as long as this
dongle is connected to the workstation. Once the dongle is removed the
Functionality of the Package is no longer available.
§ 2 License Grant
The software placed at your disposal is protected by
license
Only software that is identified as „Free” in CODESYS
Store is not subject to any license protection.
The user can, depending on availability, order a
simple and non-transferable demo license to the software provided for a limited
period of 30 days from activation of the demo license. The demo license is free
of charge! You need a CODESYS Security Key to be able to use the demo license.
Once the demo license period has expired, the user can
purchase a full featured license at the currently valid prices of CODESYS Store
at http://store.codesys.com. By doing so he/she will receive a ticket number to
activate the full license that is a simple, unlimited and non-transferable
license to use the software provided.
It
is not permitted to edit, modify, disassemble or decompile the software or to
use other processes of reverse engineering or to have these processes performed
by third parties.
All
rights regarding the usage and exploitation of the Software Package remain
reserved to PC Prolog.
§ 3 Warranty
3.1st PC Prolog warrants that the installed CODESYS Package will substantially
conform to its documentation. The following restrictions shall apply. In
particular, there is no warranty that the program package 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 contractually agreed upon.
3.2ndIt 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
Package 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
Package.
3.3rd The user shall immediately examine the CODESYS Software Package
supplied, shall establish its usability for the intended purpose and shall immediately
issue complaints about initial or non-initial errors/defects in detail and in
such a way that the error/defect can be reproduced by PC Prolog GmbH. The user agrees to provide PC Prolog with material giving information on the nature
and occurrence of these errors/defects in order to contribute to their
localization and correction. The user bears sole responsibility for the
selection, the installation and the use of the CODESYS Software Package as well
as for the intended results thereof.
3.4th PC Prolog does not provide a warranty for errors/defects which result
from…
(a) incorrect or insufficient maintenance or parametering,
(b) operation outside the software’s specification,
(c) incorrect preparation and/or maintenance of the installation location or
(d) interaction with hardware or software not released by PC Prolog.
A special guarantee which could result in additional rights is not
provided.
3.5th Any software errors/defects reported by the user (including errors/defects
in the documentation or other supplied documents) will be rectified by PC
Prolog within an appropriate period of time. PC Prolog may elect in its sole discretion to either
rework or repair the errors/defects or provide a replacement.
§ 4 Limitation of Liability
PC
Prolog is liable for intent and gross negligence. PC Prolog 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.
PC
Prolog is obliged to act with due diligence. In determining whether or not PC
Prolog has culpability, it must be taken into consideration that software is
never error free.
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 EUR 100,000.00.
The preceding provisions also apply in favor of
any vicarious agents of PC Prolog.
Liability under
product liability law remains unaffected.
PC
Prolog is not liable for the loss of data and/or programs, insofar the damages
are based on the fact that the customer failed to take appropriate data
protection measures to ensure that lost data can be restored at a justifiable
expense.
Before starting an application written with the
Development System CODESYS the user is obligated to perform sufficient tests in
a safe environment.
§ 5 Termination
This Agreement may be terminate at any time by
un-installing the CODESYS Software Package from PC Prolog and destroying all
copies thereof.
§ 6 Governing Law
This User Agreement shall be governed by the laws of
the Federal Republic of Germany excluding CISG. Place of jurisdiction for any
dispute arising directly or indirectly from this Agreement is Kempten. Claims may also be asserted against
each contracting party in its general place of jurisdiction.
§ 7 Severability Clause
Should
one provision of this Contract be or become invalid, or should the Contract
contain a gap, the validity of the remaining provisions shall remain
unaffected. In place of the ineffective provisions, or in order to fill the gap, a
provision shall apply which, in so far as legally viable, approaches the
original intention of the contractual parties as closely as possible, or what
can be assumed to have been their intention if they had considered the point in
question.