Firmware Download Tool

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:
+49 (911) 895-7222 oder +49 (911) 895-7223

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.