-
Notifications
You must be signed in to change notification settings - Fork 0
/
TQSSLA_V1.0.2
111 lines (105 loc) · 6.2 KB
/
TQSSLA_V1.0.2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
TQ-Systems Software License Agreement Version 1.0.2
Copyright 2018 TQ-Systems GmbH (TQ), D-82229 Seefeld, Germany.
All rights reserved.
It is permitted to copy and distribute this document true to word.
The software license is bound to the use of the TQ-Systems hardware.
The software is classified as product-specific software.
The software is provided exclusively in machine-readable form (binary or
object code).
§1 Scope of Use and Usage Period
1. The rights to the TQ software - in particular the copyright and
additional industrial property rights - shall remain exclusively
with TQ even if the software has been modified by you or your
company.
You are prohibited from using this Software in any way other than
as described in the following provisions of this Agreement.
2. The ordinary, non-exclusive right to use the Software shall only
apply in direct connection with the Product Hardware. Product
hardware means that the hardware has been produced by TQ or a
company affiliated with TQ and that the software has been developed
specifically for that hardware.
You are prohibited from using the software developed by us on
hardware products from third parties.
Any transfer to third parties is bound by the provisions of this
Agreement.
3. You are obliged to report every activity to TQ in writing, with the
exception of those actions which, according to the conditions of
the Copyright Act (UrhG), do not require the release of the rights
holder.
Outside the scope of the cases specified in the Copyright Act
(UrhG), you are not entitled to modify, reverse engineer or
translate the software.
If our software as a work uses software parts of third parties and
therefore paragraph 1, subparagraph 3. contradicts license
conditions applicable to these software parts of third parties, we
additionally grant you the right to obtain permission to modify our
software in binary form for your own use only and to carry out
reverse engineering for the purpose of debugging these
modifications. You may not distribute the modified version to third
parties in any format.
4. Any use of the software that goes beyond the scope of the previous
provisions requires our written consent.
5. We reserve the right to assert claims for damages.
6. You are only entitled to sub-license the software in connection
with the product hardware.
7. In the event of sub-licensing, you must also ensure that no
additional rights to the Software are granted to sublicensees other
than those granted to you under these License Terms.
8. If you transfer your rights to the Software to any third party, you
must destroy any untransferred copies of the Software.
§2 Warranty; Liability
1. We expressly point out that it is not possible according to the
state of the art to develop more complex software in such a way
that an error-free function is guaranteed under all application
conditions. We therefore only guarantee that the delivered software
is suitable for contractual use in accordance with the description
created or accepted by us.
2. In case of larger and comprehensible deviations of the software
functionality from the product description or specification, we are
entitled to either refund the purchase price paid by you, or a
subsequent performance in the form of a repair within the framework
of a reasonable period or to arrange for a replacement delivery of
the Product.
In the event of significant and reproducible deviations in the
functionality of the software from the product description or
specification, we shall be entitled, at our discretion, either to
refund the purchase price paid by you or to subsequent performance
within a reasonable period of time by way of repair or new
delivery. If, within the framework of the supplementary performance
chosen by us, we are unable to eliminate the considerable
deviations in the functionality of the software that have occurred
within a reasonable period by providing a defect-free update or
upgrade of the software or to circumvent them in such a way that
you are able to use the software in accordance with the contract,
you may claim a reduction in the agreed remuneration or withdraw
from the contract. Any further claims are excluded to the extent
permitted by law.
3. We do not warrant for minor deviations in the functionality of the
software from the product description or specification.
4. The warranty period is one (1) year, unless longer periods are
required by law. It begins with the acceptance of the software by
you or - if a formal acceptance is not planned or does not take
place - at the latest two (2) weeks after delivery or actual
transfer.
5. We do not warrant or assume any liability beyond the scope of use
described in paragraph 1 with respect to the proper selection,
application and use of the Software. This applies in particular to
improper use, in particular the use of incompatible hardware or
software, modifications or extensions to the software made
independently by or at your instigation, the culpable omission of
regular data backup and other cases of incorrect or negligent
handling by you.
If you use the software outside these license terms, all warranty
and liability claims are void. The aforementioned warranty or
liability limitations shall not apply in cases of injury to life,
limb or health, in cases of liability falling within the scope of
the Product Liability Act, insofar as the software lacks a property
or quality expressly warranted by us or we are at fault in the form
of intent or gross negligence.
§3. Additional conditions
1. Copies must contain a literal copy of this document.
2. TQ-Systems may revise this License from time to time.
Each Revision is identified by a Version number.
You may either use this Software within the scope of this version
or the license or under the conditions of a later Revision of the
license.