CodeWrights FF H1 Communications DTM

LEGAL NOTICE
IMPORTANT LEGAL NOTICE; PLEASE READ CAREFULLY




The company CodeWrights GmbH is the Supplier of this software

Supplementary clauses: surrendering software products for industrial automation (actuating, measuring, switching and controlling).

Re "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry"

1.Preamble
Software shall be protected not only via the copyright and international copyrights but also via additional laws and contracts pertaining to the intellectual property. Consequently, software shall not be sold, but surrendered for use (licensed).

2. Supplements regarding existing regulations

2.1 Re Article V Passing of risk, supplement regarding a new number 3.

3. Electronic communication media

In the case of surrendering software via electronic communication media (e.g. via the Internet), the time at which the risk passes shall be deemed the time at which the software leaves the Supplier's sphere of influence (e.g. the server in the case of downloading).

2.2 Supplement regarding Article XI Other liability

1. Loss of data
In the case of the loss of, or damage to, data and programmes as a result of an error in the supplied software, the obligation to pay compensation does not apply to the expenses incurred for the replacement of lost or damaged data and programmes.

2. Consequential damage
The Supplier shall not be liable for consequential damage unless a case of mandatory liability is given in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".


3. Additional provisions

XIV. Licenses

1. Basic license

1.1 The Buyer shall be granted the utilisation rights to the software products and, if applicable, data carriers (hereinafter referred to as the "Software") that are stated in the confirmation of order or the Software product certificate. The documentation pertaining to the Software is to be procured separately unless it is stated in the confirmation of order that such documentation shall be supplied with the Software.

1.2 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": the Buyer is granted the non-exclusive right, which is not restricted in time, to use the software on the equipment which, where applicable, is stated in the confirmation of order or in the Software product certificate. In this respect any Software simultaneously surrendered to the Buyer may only be used in each case on one piece of equipment.

1.3 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": if the data carrier is not equipped with a notice to the contrary, the Buyer may make duplicates of every Software copy and such duplicates may only be used for back-up purposes. In other respects the Buyer may only make copies of the Software if the Supplier has previously provided the Buyer with a multiple license.

1.4 The Buyer may not alter the Software, restore it to a previous version or translate it and may not remove any parts from it. Furthermore the Buyer may not remove alphanumerical codes from the data carriers and, insofar as he is entitled to make copies, he shall leave the codes in such carriers unchanged. The aforementioned provision shall apply accordingly to the documentation supplied in accordance with Number 1.1.

1.5 The Supplier grants the Buyer the revocable right to assign to third parties the rights of use that have been assigned to the Buyer. In the event that the Software was purchased together with a piece of equipment, the Software may only be forwarded to third parties for use with such a piece of equipment. In any case the Buyer is to enter into an agreement with the third party on the basis of which the third party submits to the obligations resulting from this contract.

1.6 If the Buyer further surrenders the Software, the Buyer shall be responsible with regard to abiding by export requirements that may apply as a result of legal provisions and official directives.

2. Multi license

2.1 If the Supplier has granted the Buyer a multi license regarding Software, the Buyer shall receive written confirmation of the number of copies that it may make of the data carriers supplied with a basic license, which constitutes the basic requirement for a multi license. The Buyer is granted a non-exclusive and non-assignable right, which is not restricted in time, to make the number of copies stated in the written confirmation, to use the made copies in accordance with the provisions for basic licenses and, insofar as nothing to the contrary is specified in the contract - to surrender these for use to third parties.

2.2 The Buyer shall abide by the instructions regarding copies given to it in conjunction with the multi license. The Buyer shall furthermore keep records on the whereabouts of all copies. On request the Supplier may inspect such records.

3. Software service contracts

In this contract the Supplier shall not assume any obligation to render software services. These shall remain subject to a separate agreement.

4. Replacement of existing provisions

Insofar as Software is affected, the following provisions shall apply in place of Article VII, except nos. 3,4,6 and 7:
1. If supplied data carriers are faulty, the Supplier shall replace the faulty copies with ones that are free from faults.

2. In other respects the warranty for the Software shall be based on the warranty class. In this respect a distinction is made between Software with an entitlement to individual rectification of defects and Software without such an entitlement. The classification arises on the basis of the confirmation of order or the Software product certificate or the product descriptions that are valid at the time of delivery.

Software faults shall be deemed to be faults that are proven by the Buyer and which are comprehensible to the party intending to rectify them, and which do not constitute inconsiderable variations from the appertaining documentation that was last surrendered to the Buyer.

3. In the case of Software with an entitlement to individual rectification of defects, the Supplier shall rectify defects by way of surrendering a new version status (Update). The Supplier is also entitled to deliver a new version (Upgrade) as replacement. Until the delivery of a new version status or a new version, the Supplier shall make available an interim solution to bypass the defect if such action is possible at a reasonable cost and if the Buyer can no longer process pressing tasks as a result of the defect.
The Supplier shall not be under obligation to rectify defects in the case of Software without entitlement to individual rectification of defects. This shall not affect the Buyer's rights to rescind the contract or reduce the purchase price.

4. If the Supplier has granted the Buyer a multi license, the Buyer may make copies of the new version, the number of which shall be in line with a multi license surrendered in accordance with the provision stated above (Number 3). In other respects Number 2 is deemed applicable.

5. Detecting errors and rectifying faults as part of the warranty shall be carried out at the Supplier's discretion at the Buyer's or the Supplier's premises. The Buyer shall provide the Supplier with the documents and information that are available at the Buyer's premises and which are required to rectify the defects. If the Supplier rectifies the defect at the Buyer's premises, the Buyer shall gratuitously make available all the required hardware and software and other operating conditions that may be required, including suitable operating personnel, so that the work can be carried out swiftly. If a service contract has not been entered into, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.

6. If the rectification of defects fails in the case of Software with an entitlement to individual rectification of defects, the Buyer shall be entitled to rescind the contract or reduce the purchase price.

7. The Supplier shall provide warranty up to the interface in the case of Software which the Buyer or a third party has extended via an interface specified for such purposes by the Supplier. The Supplier shall not in any manner ensure that the supplied Software is compatible with data processing environment used by the Buyer, in particular that it is compatible- with the software and hardware production in use at the Buyer's premises.

8. The Buyer is to undertake all appropriate measures to avoid or limit consequential damages as a result of faults in the Software, in particular inform the Supplier without delay of the fault and ensure that the programmes and entered data, and such that are to be processed, are secured.

9. The warranty period is 12 months for any software. The deadline shall commence at the time at which the risk passes. With regard to copies made as part of a multi license, the warranty period shall be deemed that of the original that has been copied (basic license).

10. The Supplier may request that the testing costs be reimbursed on the basis of an error message on the part of the Buyer if an error is not comprehensible to the party intending to rectify it or if it is attributable to incorrect operation on the part of the Buyer or if warranty is not given in accordance with Number 7. Furthermore, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.

11. Further-reaching warranty claims against the Supplier and its vicarious agents are excluded in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".


Applicable laws; Place of jurisdiction

This agreement pertaining to licenses for ultimate users is subject to the laws of the Federal Republic of Germany. Karlsruhe is deemed the place of jurisdiction.