This software is subject to the License Agreement below; please read this agreement carefully and confirm your approval by clicking the button at the end of this page.
License Agreement
This License Agreement ("Agreement") is between You ("License") and Siemens Aktiengesellschaft
("Siemens"). The Agreement authorizes You to use the royalty free Licensed Software, specified in clause
1 below, which may be downloaded from Siemens´ web pages or servers or from provided data media or
from other sources – as the case may be - under the terms and conditions set forth below.
Read this Agreement carefully before installing or using the Licensed Software. By downloading, installing,
copying, and/or using the Licensed Software – depending on what occurs earlier -, You acknowledge that
You have read and understood the Agreement and agree to be bound by all of the terms and conditions
stated below. You further agree that if Siemens or any licensor of Siemens is required to engage in any
proceeding, legal or otherwise, to enforce their rights under this Agreement, Siemens and/or its licensor
shall be entitled to recover from You, in addition to any other damages, reasonable attorney´s fees, costs
and disbursements. If You do not agree to all of the terms and conditions of this Agreement, you are not
entitled to install, copy and/or use the Licensed Software. This Agreement governs – if not stipulated
differently - any Updates, releases, or revisions to the Licensed Software.
1. LICENSED SOFTWARE.
As used in this Agreement, the term "Licensed Software" means the whole
content of the data files, of the disks, of the compact disks or of any other data carrier provided
together with this Agreement.
2. COPYRIGHT and INTELLECTUAL PROPERTY.
The Licensed Software and all copies thereof
created by Licensee are intellectual property of Siemens and owned by Siemens. The structure,
organization, and code of the Licensed Software are the valuable trade secrets and confidential
information of Siemens, their licensors or affiliates. The Licensed Software is protected by copyright
and by international treaty provisions on the field of intellectual property and applicable national laws.
The Licensee must not remove alpha-numeric identifications, marks and annotations of copyright and
must reproduce and include the unmodified copyright notices with any permitted copies Licensee
makes of the Licensed Software.
3. LICENSE AND USE.
Siemens grants to the Licensee a non-exclusive, non-transferable, license to
use the Licensed Software in object code and exclusively in compliance with the attached technical
instructions for updating KNX devices in accordance with the granted rights (“Purpose”). For this
Purpose Licensee may install and use one copy of the Licensed Software on the hard disk or other
permanent storage media of a single computer and load the Licensed Software from the permanent
storage media into the central processing unit memory for purposes of executing the programs. The
Licensed Software is a single product. Its component parts may not be separated for use on more
than one computer.
4. LIMITATIONS ON LICENSE.
The licensee may not copy, distribute, or make derivative works of the
Licensed Software except as follows:
The Licensee is
(a) entitled to make one copy of the Licensed Software as an archival backup copy of the original.
(b) not entitled to use the Licensed Software or to transfer the right to use the Licensed Software,
unless this is expressly provided in this Agreement.
(c) not entitled to lease, rent, sell or sublicense the Licensed Software to third parties or to license
the Licensed Software in any other way without prior permission of Siemens.
(d) not entitled to change, reverse engineer or to translate the Licensed Software as well as to
disassemble parts of the Licensed Software, except and only to the extent this is expressly
permitted by applicable law notwithstanding this limitation.
5. TERM and TERMINATION.
This Agreement is effective from the first date Licensee downloads,
installs, copies or otherwise uses the Licensed Software, depending on what occurs first. Licensee
may terminate this Agreement at any time by deleting or destroying the Licensed Software, all back up
copies and all related materials provided to Licensee by Siemens. The license rights terminate
automatically and immediately without notice if Licensee fails to comply with any provision of this
Agreement.
6. WARRANTY.
THE LICENSED SOFTWARE IS LICENSED ROYALTY FREE AND IS PROVIDED “AS
IS”. NEITHER SIEMENS NOR ANY OF THEIR LICENSORS MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED
SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS
OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY
ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR
INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
LICENSEE IS RESPONSIBLE for PROPER INSTALLATION AND USE ACCORDING TO THE
ATTACHED INSTRUCTION.
7. OBLIGATIONS.
This Agreement creates no obligations on the part of Siemens other than as
specifically set forth herein.
8. LIMITATION OF LIABILITY.
Siemens’ liability is unlimited in case of bodily injury. Further claims of
damages or claims of reimbursement of expenses of the Licensee, for whatever legal grounds, and in
particular, but not limited to, breach of contractual obligations and tortuous acts, are excluded. Such
limitation of liability shall not apply if and to the extent Siemens´ liability is mandatory under the
applicable law e.g. product liability law, intentional misconduct, grossly negligent breach of duty, bodily
injury, fraudulent concealment of a defect or breach of essential contractual obligations. However,
liability for breach of contractual obligations shall be limited to the foreseeable damage which is
intrinsic, unless caused by intent or gross negligence or based on liability for bodily injury. The burden
of proof shall not be modified to the detriment of the Licensee by the above stipulations.
9. BUG FIXING / TECHNICAL ASSISTANCE.
Siemens has no obligation to furnish Licensee with
technical support or to provide correction of defects. However, in case of any problems with or in
connection with the Licensed Software the Siemens Hotline provides assistance under:
0049/0180 50 50 222 or 0049/0180 50 50 223
Calls from the German fixed line network cost 0,14 €/minute. Mobile wireless prices can vary.
Siemens shall be free to use any feedback received from Licensee resulting from Licensee’s access to
and use of the Licensed Software for any purpose including (without limitation) the manufacture,
marketing and maintenance or support of products and services.
10. EXPORT REGULATIONS.
The Export of the Licensed Software and of the documentation may – e.g.
due to its kind or intended use - be subject to governmental approval (see also indications in order
data, delivery notes and invoices)
11. APPLICABLE LAW and JURISDICTION.
This Agreement is governed by the laws of Germany to the
exclusion of the Uniform Law on the international Sale of Goods and of the regulations of the conflict
of laws. Any disputes arising out of or relating to this Agreement shall be settled by the courts in
Munich provided Licensee is a merchant.
12. INSTRUCTION.
The use of the Licensed Software is exclusively permitted in compliance with the
attached technical instruction.
13. MISCELLANEOUS.
If any provision of this Agreement is held invalid or impracticable, all other
provisions shall remain valid. The same applies if the Agreement contains a regulatory gap. In place of
the invalid or impracticable provision or to complete the regulatory gap, a provision shall be valid, if
legally possible, which is most similar to what the parties to this Agreement wanted or according to the
whole purpose of the Agreement would have wanted, if they would have kept the point in mind at the
formation of the contract.
No modification to this Agreement is binding, unless in writing. The failure of either party to enforce
any right resulting from the breach of any provision of this Agreement by the other party will not be
deemed a waiver of any right related to a subsequent breach of such provision or any other right
hereunder. |